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01-12-2010 CC Rpt A08 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: January 12. 2010 RECEIVED Public Hearing: 0 J� -4 M110: 32 1" Discussion Item: ❑ / _.. ....... Consent Item d is OF CITY CLERK OFFICE BILLS January 5, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: APPROVAL OF USE PERMIT FOR USE OF COUNTY-OWNED PROPERTY LOCATED AT 14575 PIPELINE AVENUE. RECOMMENDATION: It is recommended that the City Council approve a Use Permit with San Bernardino County for use of County-owned land as a landscape refuse transfer site. BACKGROUND/ANALYSIS: At their September 13, 2005, meeting the City Council approved a land swap with San Bernardino County in which the City swapped its former City Yard property for County- owned property at the corner of Peyton and Grand Avenues where the Sheriff's station is currently located. At the time of this land swap, the City was using its former City Yard lo- cation as a transfer station for landscape and street sweeping refuse and to store non- hazardous materials. It also allowed landscape contractors working for the City to park their vehicles at this site. As part of the land-swap agreement, the County verbally agreed to allow the City to use this facility for those purposes for a period of two years. This agreement formalizes that verbal agreement. The use period will run from January 26, 2010, to January 25, 2011. FISCAL IMPACT: There is no fiscal impact on the City's General Fund as a result of this action. Respectfully submitted, Recommended by: Michael S. Flea;-r;City Manager Kathleen Gotch, Assistant City Manager MSF:KG:rh FOR COUNTY USE ONLY ORIGINAL i New Vendor Code Dent. 1/341 Contract Number r vie Chance SC S Cancel '•;,,61 County Department Dept. Orgn. Contractor's License No. County Department Contract Representative Telephone Total Contract Amount County of San Bernardino f ) FAS Contract Type [] Revenue U Encumbered ❑ Unencumbered ❑ Other: CONTRACT TRANSMITTAL It 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 30002570 $ 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 Chino Hills-County-owned FY Amount I/D FY Amount IID Property-14575 Pipeline Ave. CONTRACTOR City of Chino Hills • Federal ID No. or Social Security No. Contractor's Representative Ray Hansen Address 14000 City Centre Drive Chino Hills, CA. 91709 Phone (909) 364-2600 Nature of Contract: (Briefly describe the general terms of the contract) ry This Use Permit is for a period of two years. Premises consist of approximately 1.9p'pores containing 2,008 square feet of office area and 680 square feet of covered parking with a modular,twilding`df 1,950 square feet for use by the City of Chino Hills to operate and maintain a landscape refuse transfe' siteAhd non-hazardous property storage in external metal storage containers at 14575 Pipeline Avenue„Chtno,`Hills,'Ca. • , ”. 4. (Attach this transmittal to ailgoptracts not prepared ons the "Standard,Contract"form) Approved as to Legal Form(sign in blue°ink) Reviewedia5lto"Contract Compliancef- ' Presented to BOS for Signature ►SEE SIGNATURE PAGE ► .�: `,` •-•,1 ► County Counselr..,, ; Department Head Dale Date Date Auditor/Controller-Recorder Use Only 0 Contract Database El FAS Input Date Keyed By Revived 1/13/2009 USE PERMIT 1. PARTIES. PURPOSE AND TERM: The County of San Bernardino (COUNTY) hereby permits the City of Chino Hills (CCH) whose address is 14000 City Centre Drive, Chino Hills, CA. 91709, to use approximately 1.96 acres of improved yard space with 2,008 square feet of office space, 680 square feet of covered parking and 1,950 square feet of modular office space at the County-owned property located at 14575 Pipeline Avenue, Chino Hills, CA. (Use Area) as shown on Exhibit "A" attached hereto. This agreement is effective from and including January 26 2010, through and including January 25, 2011. 2. USE: CCH may use the Use Area for only the following purpose: to operate and maintain a landscape waste transfer station and to store city properly of a non hazardous type in external metal storage containers. CCH must not use the Use Arca for any other purpose. 3. FEES: As consideration for the use of the Use Area, CCH agrees to continue to provide for and fund the cost of City-owned office space as occupied by the Sheriff-Coroner of San Bernardino County, located at 14000 City Center Drive, Chino Hills, CA. CCH also agrees to continue to provide furniture and fixtures and equipment as necessary for the Sheriff-Coroner to conduct law enforcement activities as police services to the CCH. Such office space and furniture, fixtures and equipment shall be provided at no cost to the COUNTY and shall continue until the COUNTY no longer provides police services to CCH. 4, INDEMNIFICATION AND INDEMNIFICATION: A. CCH 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 Agreement 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 therefore, including but not limited to environmental claims, except where such indemnification is prohibited by law. CCH'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 Civic Code Section 2782. CCH's indemnification obligation shall survive the COUNTY's use. The insurance provisions in this Paragraph 4, INDEMNIFICATION AND INSURANCE, shall not be interpreted in a manner that limits the indemnification obligation. B. CCH and the COUNTY are self-insured public entities for purposes of professional liability, general liability, and Worker's Compensation. CCH and COUNTY each warrant that through their programs of self-insurance, each has adequate professional liability, general liability, and Workers' Compensation to provide coverage for liabilities arising out of CCH's and COUNTY's respective obligations under this agreement. CCH shall provide a certificate of participation in an approved self-insurance program prior to the effective date of this Use Permit Agreement and annually, unless more frequently requested by the COUNTY. 1 5. DAMAGE PROVISIONS: CCH must within thirty (30 days of damage, repair any portion of the Use Area and/or Use Area improvements damaged by CCH, its employees, agents or invitees unless repairs are required to be performed immediately to maintain the safety of the Use Area. 6. ATTORNEY'S 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 attorneys' fees. This paragraph will not apply to those costs and attorneys' fees directly arising fonn any third party legal action against a party hereto and payable to the COUNTY under Paragraph 4, INDEMNIFICATION. and Paragraph 14, RELEASE OF INFORMATION. 7. CONDUCT OF EMPLOYEES: CCH is responsible for the conduct of its employees, volunteers, agents, members and invitees on the Use Area and the entire property of which the Use Area is part, provided the presence of such persons on the Use Area or the entire property of which the Use Area is part is related to CCH's use of the Use Area under this permit. 8. TERMINATION: a. Default: In the event that either party violates any of the terms and conditions of this permit, the aggrieved party may give written notice of specific violation and demand for correction. b. Termination for Default: If, within one (1) day after written notice and demand, the violating party has not commenced correction of the 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. Suspension: CCH agrees that COUNTY may immediately suspend and/or terminate this permit, and further, CCH.agrees to immediately cease operations if CCH fails to meet the insurance requirement, as stated herein. D. Liability for Breach: Termination for default will not excuse either party from any liability for breach of contract; such breach will be deemed total. E. Early Termination: This Agreement may be terminated without cause upon 180 days written notice by either party. The city Council of CCH, is authorized to exercise CCH's rights with respect to any termination of this Agreement. The County of San Bemardino's Real Estate Services Depaitm,ent has authority to give notice of and execute any termination of this Agreement on behalf of the COUNTY. 9. DESIGNATION: The Real Estate Services Department is designated to administer and enforce this permit. Further, the Director, Real Estate Services is authorized to exercise all provisions of this permit on behalf of COUNTY, including but not limited to termination for default provisions. 2 10. PERMITS AND LICENSES: CCH, its employees, agents and contractors, must conform to and abide by all rules and regulations relating to the activities herein authorized and is subject at all times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the County of San Bernardino, State of California, the federal government, and all other governmental agencies having jurisdiction over the use of the Use Area and the Use Area itself. 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, and CCH must maintain current status of any and all other permits and/or licenses required by any other COUNTY department, local, state, and/or federal authority, which is required to engage in the use permitted herein. 11. NO INTEREST OR ESTATE: CCH agrees that it does not have and will not claim at any time any interest or estate of any kind or extend whatsoever in the Use Area and the entire property of which the Use Area is part, by virtue of this license or its occupancy or use hereunder. 12. POSSESSORY INTEREST: CCH recognizes and understands that this peewit may create a possessory interest subject to property taxation and that CCH may be subject to payment of property taxes levied on such interest. 13. ASSIGNMENT AND TRANSFER: CCH is not allowed to assign or transfer this Use Permit Agreement to any other person, group or organization, except as authorized under statute. 14. RELEASE OF INFORMATION: Any information or other materials submitted by PERMII'l EE in connection with this permit are for the exclusive use of the COUNTY, but are subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. In the event a request for disclosure of any part or all of any information or other material is made to the COUNTY, the COUNTY will make good faith efforts to notify the CCH of the request and will thereafter disclose the requested infonnation unless the CCH requests nondisclosure and agrees to indemnify, defend with counsel approved by COUNTY, and hold the COUNTY harmless in any/all actions brought to require disclosure. CCH waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify CCH of any such disclosure request and/or releases any information received from CCH. If during the course of the administration of this Use Agreement, the COUNTY determines that CCH has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this Use Permit Agreement may be immediately terminated. If this Use Permit Agreement is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies. 15. UTILITIES: CCH will provide and bear the cost of all utilities for the operation of the activities of CCH within the Use Area including, but not limited to electricity, water, and natural gas. 16. MAINTENANCE: COUNTY agrees to provide all interior and exterior building maintenance necessary for the operation of the Use Area. 3 17. NOTICES: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally, or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. CCH's address: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, CA. 91709 COUNTY's address County of San Bernardino 1 Real Estate Services Department 825 E. Third Street San Bernardino, CA. 92415-0832 18. SECURITY: CCH understands and agrees that the COUNTY is not required to provide, nor shall COUNTY provide any security for the personal property and/or the persons of CCH or anyone using the Use Area as a result of CCH's use ("CCH's guests"). Any loss, damage and injury to any property or person of CCH or CCH's guests shall be at the sole cost, expense, and responsibility of CCH. 19. DISCLAIMER OF LIABILITY: COUNTY is not liable at any time for loss, damages, or injury to the person or property of any person whomsoever at any time, occasioned by or arising out of any act of CCH or of anyone holding under CCH, nor for the occupancy or use of the Use Area or any part thereof by or under CCH, nor directly or indirectly from any state or condition of said Use Area or any part thereof during the terms of this Permit. 20. FORMER COUNTY OFFICIALS: CCH agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent CCH. 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 CCH. For purposes of this provision; "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Adnunistrative 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. (See Exhibit "B", List of Former County Officials.) 21. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REOUIREMENTS: This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as 4 defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States, A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and . subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U,S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be•deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at httn://www.ccr.eov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. 22. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133. "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub- contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing 5 information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. 23. ENTIRE AGREEMENT: This permit constitutes the entire agreement between the parties. No modifications or waiver will be binding unless made in writing and signed by both parties. * * * * COUNTY OF SAN BERNARDINO: CITY OF CHINO HILS: ,t"V410 By: By: Gary C. Ovitt, Chairman of the Board of W. C. "Bill"Kruger, Mayor Supervisors City of Chino Hills Title: Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. LAURA H. WELCH, Clerk of the Board of A 1 1 EST: Supervisors of the County of San Bernardino By: Deputy Mary M. McDuffee, City Clerk Date: Date: Approved as to Legal Fonn: APPROVED AS TO FORM: RUTH E. STRINGER, County Counsel �. Mark D. Hensley, City Attorney BY: Date: Alan Green, Deputy County Counsel Dated: /27Z /P 22917 07 6 EXHIBIT "A" Assessor Parcel Number: 1025-091-04 Parcel No. 3 of Parcel Map No. 7614, in the County of San Bernardino, State of California, as per map recorded in Book 78 Pages 84 and 85 of Parcel Maps, in the office of the County Recorder of said county, except that portion conveyed to the Stae of California in a Document recorded September 13, 2000, as Instrument No. 2000- 332407, of official records. and Assessor Parcel Number: 1025-091-08 Parcel 3 of Parcel Map 8433, as per plat recorded in Book 87, Pages 67 and 68 of Parcel Maps in the office of the County Recorder of said County 7 U� _ vim.. ib!i--'1 (In. Nu .D.- Rpuln! Sula Art:, Dei thlra, MA. 1271'-4§ "pr 'i sin.gym: .r.+. ia.Aot+ Ano si 1 r 4,, MI.!aa30 a \ 4` • •p ‘ e .0..s 8 . \ 4 \ `v,,�C -.t 00 K 4 4?. Ss ai I „ILL < C i y. S t 1 �I I. -'A1NNY.— ir,M ' .1.4",-- .... --- l — >- -U r.:... _--`' /„ — IA Al r 7 5'z+, rein„ IL...tr.il Iq h.,Jilt.-+.g.!tidb9 ah.h,h. ita Su. If Ink BltaariLAl.e�ntT uv,n $P 0°Y*' ,a:i*no fl.WI,r.t,K;I:.i1 1.! .. sL.i. ,l pt N.L,. t.r.ouHi, ��tl:r EXHIBIT "C" LIST OF FORMER COUNTY OFFICIALS INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the LANDLORD, the date the Official entered LANDLORD's employment and/or representation. OFFICIAL'S NAME: REQUIRED INFORMATION 9