HomeMy WebLinkAboutSAN BERNARDINO (COUNTY OF) -2006
N-2006-077
FAS
eX New Vendor Code Deaf. Contract Number
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County Department Dcpt. Orgn. Contractor's License No.
Department of Regional Parks CCP BLF
;2unty Department Contract Representative Telephone Total GontractAmount
homas A. Potter 387-2340
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Contract Type
!Xl Revenue o Encumbered o Unencumbered 0 other:
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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 GRCJPROJ/JOB No. Amount
EME CCP BLF , 9580 90PTOO15
Fund Dcpt. Organization Appr. Obj/Rev SOUfL-e GRC/PROJ/JOB No. Amount
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Fund Dept. Organization Appr. ObJiRev Source GRC1PROJ/JOB No. Amount
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I'raject Name Estimated Payment Total by Fiscal Year
Camp Bluff Lake FY Amount I/O FY Amuunt I/O
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FOR COUNTY USE ONLY
County of San Bernardino
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
Santa Ana Parks and Recreation hereinafter called PERMITTEE
Address
888 W. Santa Ana Blvd
Santa Ana, CA 92701
Telephone
714-571-4262
FederallD No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space b8/UW and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of si'ilisfactolY performance and calise for terminAtion, other terms and conditions, and attach plans. specifications, and addenda, if any.)
SAN BERNARDINO COUNTY
REGIONAL PARKS DIViSiON
Camp Biuff Lake
Group Camp Permit Agreement
1. PURPOSE: The County of San Bernardino, hereinafter referred to as "COUNTY" or "Regional Parks", as
permitor hereby permits Santa Ana Parks and Recreation Department hereinafter referred to as
"PERMITTEE", to utilize Bluff Lake for its Camping Program ("PROGRAM") for youth & families for a term of 3
days and 2 nights: August 18, 2006 - August 20, 2006, under these terms and provisions. which are collectively
referred to as the "Perm if' .
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2. USE AREA: The PERMITTEE shall have the right to use Camp Bluff Lake as depicted in Exhibit A. Use
Area, attached hereto and by this reference made a part hereof.
3. RESPONSIBILITIES
A. COUNTY RESPONSIBILITIES
1. Ranger
a. Take command of facilities and direct personnel in the event of an emergency event.
b. Provide necessary maintenance for camp facility.
2. Group Meals
1. The Regional Parks will provide meal service at the times agreed upon by PERMITTEE and
Regional Parks.
2. Should tile PERMITTEE Group desire additional menu items, an attachment to this Permit must
be prepared and signed by authorized persons which shall contain the additional menu items or
food portions that are agreed to by the PERMITTEE and Camp Administrator. Regional Parks will
provide the agreed upon additional menu itoms or portions and PERMITTEE will compensate
Regional Parks in an amount equal to the cost to Regional Parks of the additional menu items or
portions and labor costs, plus a 5% service charge.
3. Regional Parks agrees to provide a Food Service Supervisor and Aides necessary for the proper,
sanitary, and healthful preparation of all meals.
4. Regional Parks agrees to provide meals to all PERMITTEE staff and campers during the Permit
period, provided that the number of campers andlor staff does not exceed the limits or capacity
restriction set for the PERMITTEE.
3. Facility Maintenance
a. Regional Parks agrees to provide housekeeping services for all Camp Bluff Lake restroom facilities
and for the general cleanliness of Camp Bluff Lake grounds.
b. Regional Parks agrees to provide facilities at Camp Bluff Lake which, in their proper usage, can
be reasonably deemed to be safe, sanitary, and whenever possible, functional and unlikely to
result in the harm of any properly supervised child or any reasonable adult.
c. Regional Parks agrees to provide the appropriate staff necessary to instruct PERMITTEE on the
proper, safe, and functional operation and usage of the Camp Bluff Lake facilities.
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B. PERMITTEE RESPONSIBILITIES
1. Medical Staff
a. Provide a full-time health supervisor with the following qualifications: must be at least 18 years of
age and is a licensed medical doctor, a registered nurse, a licensed vocational nurse, or who
possesses a certificate of training in the principals of first aid (Red Cross or equivalent).
b. A log for all medical occurrences shall be maintained.
2. Pool and Lake use
Lifeguard services as described in Section 24100.1, Health and Safety Code, shall be provided
where either the swimming pool or lake are in use. There shall be a designated aquatics
supervisor who is at least 18 years of age who possesses an American Red Cross Advanced
Lifesaving Certificate or its equivalent certificate. Lifeguard service shall be provided at a ratio of
one (1) lifeguard for each twenty-five (25) persons in the water.
3. Daily Maintenance
PERMITTEE is responsible to maintain cleanliness of cabins, headquarters, pool, lake and
general use area of the camp facility.
4. Program Operations
PERMITTEE is responsible for all Camp programming, for any necessary background checks,
and for training and supervision of the youth campers and PERMITTEE's staff to ensure
compliance with all laws and Park rules.
4. USE FEES:
A. The PERMITTEE and the Wildlands Conservancy agrees to pay Regional Parks a fee of $20,000,
for 190 campers as follows: $3,000 from Santa Ana Parks and Recreation and $17,000 from the
Wildlands Conservancy. PERMITTEE staffing shall not exceed 30. There will be no cost associated with
Santa Ana Parks and Recreation staff so long as staff does not exceed a count of 30. For the purposes of
this paragraph, "Staff' is defined, employee of Santa Ana Parks and Recreation who is at least 18 years of
age. Payment 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 by August 18, 2006 by 4:00
PM.
B. Damaqe Deoosit: PERMITTEE shall pay Five Hundred Dollars ($500) to guarantee a damage
deposit. The deposit shall be made by money order or certified cashier's check payable to San
Bernardino County Regional Parks by August 4, 2006. This deposit shall be held as security to pay for
damages incurred by the COUNTY due to the use of Bluff Lake by PERMITTEE, it's attendees,
participants, guests, employees, or volunteers. The Camp Administrator for Bluff Lake and Camp Director
for PERMITTEE shall inspect the Use Area before and after the Event to determine the extent of any
damages incurred. PERMITTEE shall be responsible for any damages over the amount of the deposit.
The deposit shall be returned by the COUNTY, less any damages, no later than September 29, 2006.
Auditor/Controller-Recorder Use Onl
\If atablise' :O'FAS
Inpijf\Dale . KeY"<' By .
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the Regional Parks Division. The Camp Plan must include a description and schedule of specific program
activities for the entire duration of the Permit period.
6. RULES: PERMITTEE shall conform to and abide by all Camp Rules rules and regulations reiating to the
operation herein authorized and shall be subject at all times to applicable laws and policies of the COUNTY OF
SAN BERNARDINO, State of California, and the federal government.,
7. PERMITS: 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. PERMiTTEE shall maintain
throughout the duration all necessary permits, licenses of state and local agencies, that is required for
PERMITTEE's camp sponsorship operations and activities at Camp Bluff Lake. .
8. NO DISCRIMINATION: Neither PERMITTEE nor any person claiming under it may unlawfully discriminate
in its recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, physical handicap, medical condition or marital status with respect to the use
granted herein or the occupancy, use or enjoyment of the Use Area used pursuant to this Permit. PERMITTEE
must compiy with the provisions of the California Fair Employment Practice Act (commencing with Section 1410 of
the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88-352), and all amendments thereto, Executive Order
No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant
to said Acts and Orders.
9. 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 PROGRAM, 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 Dr by any person within the Use Area used for the PROGRAM.
10. RESERVED
11. 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 PERMITTEE or of anyone
holding under PERMITTEE, nor for the occupancy of use of the Use Area/Park or any part thereof by or under the
PERMITTEE, nor directly or indirectly from any state or condition of said Use Area/Park or any part thereof during the
terms of this pennit.
12. INSURANCE AND INDEMNIFICATION CLAUSE:
A. Indemnification _ The PERMITTEE agrees to indemnify, defend and hold hannless with counsel
approved by COUNTY, the COUNTY, its officers, agents and employees from and against any and all costs,
expenses, claims, demands, judgments or liabilities which arise from PERMITTEE's obligations under this
Permit, including use of the area for the PROGRAM and any activity related to the PROGRAM, except where
such indemnification is prohibited by law.
B. Insurance _ Without in any way affecting the indemnity herein provided and in addition thereto, the
PERMITTEE shall secure and maintain throughout the contract the following types of insurance with limits as
shown:
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1. Workers' Compensation - A program of Workers' Compensation insurance or a state-
approved Seif-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
providing services or peliorming obligations on behalf of the PERMITTEE and all risks to such persons
under this Agreement. If PERMITTEE has no employees, it may certify or warrant to the COUNTY that it
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.
2. Comprehensive General Insurance - This coverage to include contractual coverage, including
products liabllity, as applicable. The policy shall have combined single limits for bodily injury and property
damage of not less than two million dollars ($3,000,000),
C. Additional Named Insured - All policies, except for the Workers' Compensation, shall contain additional
endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional named
insureds with respect to liabilities arising out of the PERMITTEE's obligations hereunder.
D. Waiver of Subroqation Riqhts - PERMITTEE shall require the carriers of the above required coverages
to waive all rights of subrogation against the COUNTY, and PERMITTEE, and their respective officers,
employees, agents, voiunteers, contractors and subcontractors.
E. Policies Primarv 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.
F. Proof of CoveraM _ PERMITTEE shail immediately furnish the, above-required certificates of
insurance to the Regional Parks Division, no later than 4:00 p.m. August 4, 2006, evidencing the insurance
coverage, including endorsements.
G. Insurance Review _ The above insurance requirements are subject to periodic review by the COUNTY.
The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance
requirements whenever the Risk Manager determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager
determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager 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, infiation, or any other item
reasonably related to the COUNTY's risk. 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.
H. Failure to Have Insurance - In the event COUNTY receives a thirty (30) day notice of cancellation
concerning any of the required policies, or should PERMITTEE fail to have in effect the required coverage at
any time during this Permit, COUNTY may give notice to PERMITTEE to immediately suspend all
PERMITTEE activities and/or notice to reinstate or acquire the affected coverage. Shouid PERMITTEE fail to
reinstate or acquire the affected coverage within two (2) days (Monday thru Friday, excluding legal holidays) of
receipt of COUNTY's notice to reinstate or acquire such coverage, COUNTY may either terminate this Penmit,
reinstate or acquire the affected coverage, and PERMITTEE shall reimburse COUNTY for the reasonable cost
at COUNTY's option. If PERMITTEE does not reimburse COUNTY within two (2) days after demand by
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COUNTY, COUNTY shall have the right to withhold from future amounts due under this contract or otherwise
due to PERMITTEE the sum COUNTY has expended until COUNTY is reimbursed in full.
I. Liability For Premiums - County shall not have any liability for the cost of payment of insurance
premiums for coverages required herein.
13. NO ASSIGNMENT: No assignment of this Permit or any interest therein for any purpose shall be granted by
PERMITTEE.
14. NOTICE: Any notice or communication required or permitted to be given under this permit including
notices under the California Unlawful Detainer Statutes, 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 Riallo Avenue
San Bernardino, CA 92415-0763
(b) Ifto PERMITTEE:
Santa Ana Parks and Recreation
888 W. Santa Ana Blvd
Santa Ana, CA 92701
Attn: Rudy Hernandez
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 maii as required above shall be deemed delivered three (3) days
after mailing.
15. 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 Article 12 A, Indemnification clause.
16. 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.
17. APPLICABLE LAW: This permit shall be interpreted and construed according to the laws of the State of
California.
18. 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
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conditions, riots, rebellions, or any other circumstances for which it is not responsible or which are not within its
control.
19. DISCLOSURE OF INFORMATION: All information received by the COUNTY from any source concerning
this Perrnit, 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 seq. (the "Public
Records Act"). PERMITTEE understands that although all materials received by the COUNTY in connection with
this Permit are intended for the exciusive 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 nondisciosure, 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, iost 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 the PERMITTEE.
20. 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 or other charges herein not paid when due will bear simple interest from the date due until paid in full at
the rate of 0.05% per day.
21. NO ESTATE: PERMITTEE agrees that it does not and shall not claim at any time any 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.
22. 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 correction.
B. TERMINATION FOR DEFAULT: if, within one (1) day after written notice and demand, the violating
party has not commenced correction of this violation or shown acceptabie cause therefore, the
aggrieved party has the right to immediately terminate this Permit and pursue any and all remedies
provided by iaw.
C. PERMITTEE agrees that COUNTY may immediately suspend this Permit, and further, PERMITTEE
agrees to immediately cease activities at Camp Bluff Lake if PERMITTEE faiis to meet the insurance
requirements, 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.
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E. LIABILITY FOR BREACH: Tennination for default shall not excuse either party from any liability for
breach of this Pennit; such breach shall be deemed total.
23. INTERPRETATIONS: As this Permit was jointly prepared by both parties, the language in all parts of this
License will be construed, in all cases, according to its fair meaning, and not for or against either party hereto.
24. AUTHORIZED SIGNATORS: Both parties to this Permit represent that the signators executing this
document are fully authorized to enter into this permit.
25. 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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COUNTY OF SAN BERNARDINO
~.-
PATRICIA IE. HWMr
eLm..' 0, rHI COUNCil
~
Bill postmus, Chairman, Board of Supervisors
By ~
(Authorized signature. sign In blue ink)
Dated:
SIGNED AND CERTIFIED THAT A COpy OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino.
Name n:lvi.1 N llP:mL
(Print or type name of person signing contract)
Title _..f:.i....y M:m~gPT
(Print or Type)
Dated: gf4.f {)([;
. I I
By
Address ?n r..-hd r r.pn"'~T Tlr
Deputy
~:ln"':l An:} r:.A Q?701
to Legal Form
Reviewed Y Contract Compliance
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APPROVED .AS 'ra FORM
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County counsel
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Date llttlut>
Date
Date
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/j BENJ' ~l~" ,.Aut=MAN
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