HomeMy WebLinkAboutFMFCD - Basin AC - 2009 !rl ?;Io�
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CITY OF FRESNO
City Clerk's Office(Original)
Agreement No. 1598(G)-AC
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF FRESNO,
CLOVIS COMMUNITY FOUNDATION,
AND
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered on this 171tA
day of , 2009, between the CITY OF FRESNO, a municipal corporation, ("City"),
the CLOVIS OMMUNITY FOUNDATION, a California nonprofit corporation ("CCF"), and
the FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a public corporation
("FMFCD").
RECITALS
WHEREAS, FMFCD owns certain real property in the City of Fresno immediately south
of the city park in the easterly quadrant of the intersection of the Burlington Northern Santa Fe
Railroad and Figarden Drive and commonly known as "Basin AC", and depicted on Exhibit "1"
attached hereto.
WHEREAS, the City and FMFCD have previously agreed to the construction of certain
improvements in Basin "AC" to promote its use as a City Park. Among the planned
improvements is a walking trail (the "Trail"), more fully described herein.
WHEREAS, in order to facilitate the construction of a portion of the Trail, CCF has
offered to pay the City a grant in the amount of$24,200.
WHEREAS, in exchange for CCF's contribution, the trail shall be called the "Wathen-
Castanos-Mazmanian Trail".
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual covenants herein contained and such other and further
consideration as is hereby acknowledged, the parties agree as follows:
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ARTICLE I
ROLES AND CONTRIBUTIONS OF THE PARTIES
1. The City will construct the Trail in Basin "AC" described as "Trail Portion A:
East-West concrete trail connecting park to school" ("Trail Portion A"). The completion of
"Trail Portion B: Loop Trail" ("Trail Portion B") as shown on Exhibit "1" will be completed
strictly at the discretion of the City. The City is under no obligation to complete Trail Portion B,
and completion of Trail Portion B shall not be a condition precedent to CCF's obligations
hereunder.
2. Upon completion of construction of Trail Portion A, the City will submit to CCF
an invoice for $24,200, which CCF shall pay to City within thirty (30) days of receipt of the
invoice.
3. Unless waived by CCF, the Trail shall at all times be referred to and named the
"Wathen-Castanos-Mazmanian Trail."
4. CCF shall provide artwork for the logo to be placed on the Trail signage. CCF
shall provide the artwork to FMFCD for their approval. After approval, FMFCD shall provide
and install two sign frames and four signs on the Trail including the name "Wathen-Castanos-
Mazmanian Trail" and the CCF logo. After installation, FMFCD will submit an invoice for
payment and City will reimburse FMFCD for the cost of the sign frames and signs in an amount
not to exceed $1,000.
5. All improvements constructed or installed pursuant to this MOU shall be the
property of the FMFCD. Nothing herein shall constitute a grant of real property rights to CCF.
ARTICLE II
GENERAL TERMS AND CONDITIONS
1. CAPACITY OF THE PARTIES. In pursuit of this MOU the parties shall act in
an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner,
or associate of the other party. Each party shall retain the right to administer this MOU so as to
verify that the other party is performing respective obligations in accordance with the terms and
conditions hereof. Each party shall comply with all applicable provisions of law and the rules
and regulations, if any, of governmental authorities having jurisdiction over the subject matters
herein.
2. INDEMNITY. CCF shall indemnify, hold harmless and defend City and FMFCD
and each of its officers, officials, employees, agents and authorized volunteers from any and all
loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property damage)
incurred by the City, FMFCD, and CCF or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses), arising
or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions
or willful misconduct of CCF or any of its officers, officials, employees, agents or volunteers in
the performance of this Agreement.
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City shall indemnify, hold harmless and defend FMFCD and CCF and each of its
officers, officials, employees, agents and authorized volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred by
FMFCD, CCF, and City or any other person, and from any and all claims, demands and actions
in law or equity (including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly from the negligent or intentional acts or omissions or willful
misconduct of City or any of its officers, officials, employees, agents or authorized volunteers in
the performance of this Agreement; provided nothing herein shall constitute a waiver by City of
governmental immunities including California Government Code Section 810 et seq.
FMFCD shall indemnify, hold harmless and defend City and CCF and each of its
officers, officials, employees, agents and authorized volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred by
City, CCF, and FMFCD or any other person, and from any and all claims, demands and actions
in law or equity (including attorney's fees and litigation expenses), arising or alleged to have
risen directly or indirectly from the negligent or intentional acts or omissions or willful
misconduct of FMFCD or any of its officers, officials, employees, agents or authorized
volunteers in the performance of this Agreement.
In the event of concurrent negligence on the part of CCF or any of its officers, officials,
employees, agents or volunteers, FMFCD or any of its officers, officials, employees, agents, or
volunteers and City or any of its officers, officials, employees, agents or authorized volunteers,
the liability for any and all such claims, demands and actions in law or equity for such losses,
fines, penalties, forfeitures, costs and damages shall be apportioned under the State of
California's theory of comparative negligence as presently established or as may be modified
hereafter.
This section shall survive termination or expiration of this Agreement.
3. INSURANCE. It is understood and agreed that CCF, FMFCD and City shall
maintain insurance policies or self-insurance programs to fund their respective liabilities.
Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall not be
required of either party under this Agreement.
4. ATTORNEY'S FEES. If any party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this MOU, each party shall
pay its own attorney's fees and legal expenses.
5. EXHIBITS. All exhibits attached hereto are hereby incorporated into this MOU
as if set forth in full herein. In the event of any conflict between the body of this MOU and any
exhibit or attachment hereto, the terms and conditions of the body of this MOU shall control and
take precedence over the terms and conditions expressed within the exhibit or attachment.
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6. INTEGRATION. Each party acknowledges that they have read and fully
understand the contents of this MOU. This MOU represents the entire and integrated agreement
between the parties with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. No other commitment other
than those outlined in this MOU is made relative to the donation by CCF.
7. DURATION. This MOU shall be in effect upon its full execution by the parties
through the complete rendition of the services and acceptance of all deliverables by each of the
parties hereunder.
8. MODIFICATION. This MOU may be modified only by written instrument duly
authorized and executed by all the parties.
IN WITNESS WHEREOF,the parties hereto have caused this MOU to be executed this
44"� day of ,2009.
CLOVIS COMMUNITY FOUNDATION FRESNO METROPOLITAN FLOOD
A California Nonprofit Corporation CONTROL DISTRICT, A Public Corporation
By: By:
Bob Van Wyk, General Manager-Secretary
Its: C-4 Z11, '.3
By;
Its:
CITY OF FRESNO
A Municipal Corporation
By.
APPROVED AS TO FORM: ATTEST:
James C. Sanchez Rebecca K. Klisch
City A me City Clerk
By: B G�
Deputy Katherine E. Bradley Deputy+' 7110�
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i
' NOTE:
Trail Portion A: Wathen- THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
Castano-Mazmanian Trail
V6
- - - --------
Trail Portion B: (not
part of Wathen-
Castano-Mazmanian
Traill
I
LEGEND
Landscape Improvements:Trees
0 Landscape Improvements:Turf&Irrigation System
0 Lower Floor Pond Area
Walks&Pavilions-Not Landscape Improvements
BASIN "AC"
LANDSCAPE IMPROVEMENTS
EXHIBIT 1 DRAINAGE AREA:"AC"
F RLSNO ' METROPOLITAN FLOOD CONTROL DISTRICT
DRAWN BY:Iw DATE IV170
KUWomMWO5WE)W101r3M N5ACIBazM Undsope(FOR)d'7
REVISED BY; — DATE —
+• of
�111�
r1!`1i� ■'� iA►` REPORT TO THE CITY COUNCIL AGENDA ITEM NO. K
COUNCIL MEETING 41 I a 5Jo9
APPROVED BY
f
June 25, 2009 ��
DEPARTMENT DIRECTOR
CITY MANAqEFC
FROM. PATRICK N. WIEMILLER, Director
Public Works Department
BY: SCOTT L. MOZIER, PE, City Engineer /Assistant Director `Public Works Department, Engineering Division /
/A
SUBJECT: ADOPT A RESOLUTION (1) APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE FRESNO METROPOLITAN FLOOD
CONTROL DISTRICT AND CLOVIS COMMUNITY FOUNDATION AND (2)
AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGEE TO SIGN
ON BEHALF OF THE CITY OF FRESNO
RECOMMENDATION
Adopt a resolution approving a Memorandum of Understanding (MOU) with the Fresno
Metropolitan Flood Control District and Clovis Community Foundation and authorizing the Public
Works Director or his designee to sign the MOU on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On August 19, 2008, the Council approved an "Agreement for Joint Development and Operation
of New Drainage Basin Park, Basin AC" with the Fresno Metropolitan Flood Control District. The
City has acquired land adjacent to the northern boundary of Basin AC for development into a
City Park and plans to construct a walking trail, within the upper floor of Basin AC for access
between Figarden Elementary School and the new City park. The walking trail represents a
small portion of the overall contract work awarded by the Council to Granite Construction
Company on November 18, 2008, in the amount of $3,904,456. The Clovis Community
Foundation has expressed its desire to fund a portion of the walking trail in the amount of
$24,200. In exchange for their monetary donation, small signs along the walking trail will identify
it as the "Wathen-Castanos-Masmanian Trail". The MOU memorializes the understanding
between the Fresno Metropolitan Flood Control District, Clovis Community Foundation and City
of Fresno with regard to the walking trail and small signs recognizing the donation.
BACKGROUND
On August 19, 2008, the City Council approved an "Agreement for Joint Development and
Operations of New Drainage Basin Park AC", located at the former intersection of abandoned
West Escalon and North Santa Fe Avenues.
On November 18, 2008, the City Council awarded a $3,904,456 contract to Granite Construction
Company for construction of the Figarden Baseball complex. The proposed recreation features
Presented to City CTIAnil .
Date ,5110
Disposition
i
Report to the City Council
Adopt Resolution Approving MOU with Fresno Metropolitan Flood Control District
and Clovis Community Foundation - New Drainage Basin Park Walking Trail
June 25, 2009
Page 2
include an adult sized baseball field, concessions and restroom building, picnic pavilion, tot lot,
water splash/spray feature, turf play areas, walking trails, parking and landscaped areas.
A portion of the proposed walking trail will be a connection between Figarden Elementary School
with the proposed new City park.
The MOU has already been signed by officials representing the Fresno Metropolitan Flood
Control District and Clovis Community Foundation.
FISCAL IMPACT
There will be no impact to the City's General Fund. Funding for the walking trail construction will
be from the Park Impact Fee Bond. The low bid for the trail work amounted to only $41,472 out
of the $3,904,456 overall park construction contract awarded by the Council on November 18,
2008. The $24,200 being donated by the Clovis Community Foundation will reduce the City's
overall cost for the walking trail to $17,272.
PNW/SLM/CJK/eam
Adopt Reso Appry MOU FMFCD&Clovis Comm Foundation 6-25-09
Attachments: Resolution
Memorandum of Understanding