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HomeMy WebLinkAbout2004-1481 2 3 4 5 8 9 10 11 RESOLUTION NO. 2004-148 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2005. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized to execute a contractual agreement with the County of San Bernardino for the Norton Air Force Base Recreation Facilities, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within one hundred twenty (120) days following the effective date of the resolution. 18 19 20 21 22 HI 23 /// 24 25 26 /// 27 28 2004-148 1 2 3 4 5 71 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2005. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regularmeeting thereof, held on the 7 th day of June , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT loll ESTRADA LONGVILLE 1911 MC GINNIS 13 14 15 16 17 18 19 20 21 22 23 DERRY KELLEY JOHNSON ■►UGIV:1&UVExels M Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this 9'M day of June 2004. ''/,� ( 6�� � "- Wencj�( cCammack, Mayor Pro Tem City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: 2004-148 'CR101hr��, FOR COUNTY USE ONLY County of San Bernardino FAS CONTRACT TRANSMITTAL New ' Change Cancel Vendor Code �SlC Dept. Contract Nu bar County Department Dept. Orgn. Real Estate Services Department Contractor's -License No. County Department Contract Representative Telephone David H. Slaughter, Director 387-7832 Total Contract Amount Contract Type ❑ Revenue IXXI Encumbered ❑ Unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund AAA Dept. RNT Organization RNT Appr. 200 Obj/Rev Source 2905 GRC/PROJ/JOB No. N31216 Amount 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 SAN BERNARDINO - Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Probation - 1494 & 1554 E. Art Townsend Dr., Buildings 178 & 182 Contract type 2 d CONTRACTOR Citv of San Bernardino Federal ID No. or Social Security No. Contractor's Representative Parks & Recreation Department Address 547 N. Sierra Way, San Bernardino, CA 92410-4816 Phone (909) 384-5160 Nature of Contract: (Briefly describe the general terms of the contract) This Agreement is for one 1 year with one 1 one-year option to ext n `� r g O y O y p t= �' ��„term. COUNTY will reimburse CITY for ninety percent (90%) of all utility costs for building No. 178 andiorljr-eight percent (48%) of all utility costs for building No. 182.. COUNTY and CITY shall provide its own telep)iorie service. (Attach this transmittal to all contracts not prepared ©M6 "Standard Contract" form.) , s %- Approved as to Legal Form (sign in blue ink) ReviO4ed as to Contract Compliance Presented OS for Signatur l ► SEE SIGNATURE PAGE ► ► " County Counsel Departifient Head _. Auditor/Controller-Recorder Use Only ❑ Contract Database O FAS Input Date 1777 N 2004-148 CONTRACTUAL AGREEMENT ORIGINAL WHEREAS, the City of San Bernardino ("CITY") received title to certain real property from the United States of America by quit claim deed recorded March 17, 1995: and, WHEREAS, the CITY and County of San Bernardino ("COUNTY") desire to enter into a contractual agreement for COUNTY's use of a portion of the real property located at 1494 & 1554 E. Art Townsend Drive, Buildings 178 & 812, San Bernardino, California ("Premises"). NOW, THEREFORE, the parties agree as follows: 1. PREMISES: CITY hereby grants to COUNTY the lease rights, hereinafter specified, to be exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly referred to as the Galaxy Building, including the following: exclusive use of the second floor, stairs, emergency exit, ALL three first floor classrooms, two storage rooms and the windowed office area, totaling 10,590 square feet; Building No. 182, commonly referred to as the Norton Gym, including the following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feet. Attached hereto and incorporated herein as Exhibit A, labeled "Premises' depict the lease areas and the facilities and equipment therein. 2. TERM: The term of this agreement shall be for a period of ONE year, commencing July 1, 2004, and end on June 30, 2005, (with a one-year option to renew the contractual agreement with written mutual agreement of both CITY and COUNTY). 3. RENT: See Utilities # 12. 4. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination of this agreement, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted. 5. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 6. USE: The buildings shall be used by COUNTY and CITY on an exclusive, common or scheduled basis as described below: a. The Galaxy Building will be used as follows: (1) COUNTY shall have the exclusive use of the Galaxy Building, following areas: Second Floor Storage room Stairs Emergency Exit Storage room Windowed office area First Floor Classroom First Floor Classroom First Floor Classroom Total = 7,006 sq. ft. 170 sq. ft. 149 sq. ft. 112 sq. ft. 173 sq. ft. 261 sq. ft. 1144 sq. ft. 770 sq. ft. 805 sq. ft. 10,590 square feet (2) The CITY will have exclusive rights of the following on the first floor — Kitchen area 408 sq. ft. First floor office 143 sq. ft. First floor office 137 sq. ft. The Ballroom 4,700 sq. ft. Page 1 of 8 2004-148 Total square footage = 5,388 square feet (3) COUNTY and CITY will jointly use first floor common areas consisting of Entry foyer 740 sq. ft. Reception area 1,034 sq. ft. Outside kitchen area 536 sq. ft. Hallway area 167 sq. ft. Restrooms 402 sq. ft. Total square footage = 2,879 square feet (4) The CITY will have control of the use of the "Ballroom". COUNTY may use the "Ballroom" on a scheduled basis, by contacting the CITY first. CITY usage may include weddings, receptions, business meetings and/or other uses by third parties. Citizens renting the "Ballroom" will be responsible to leave it in the condition received and remove all trash from the property. CITY will limit the scheduling of the Galaxy Building between the hours of 8:OOam to 5:OOpm, Monday through Friday for business uses only. (5) COUNTY will have exclusive use of the areas outlined in 6a (1) for business purposes only; Monday through Friday from 6:00 a.m. — 8:00 p.m. with the exception of CITY observed holidays. b. Gymnasium — 10,639 total square feet to be utilized as follows: (1) COUNTY will have rights to the gymnasium (9072 sq. ft.; lobby area — 848 sq. ft.; foyer area — 293 sq. ft.; and men's/woman's restrooms — 426 sq. ft.) thus totaling 10,639 square feet. COUNTY will have usage of these facilities Monday through Friday from 1:00 p.m. to 3:00 p.m., with the exception of CITY observed holidays. CITY will have exclusive rights of these facilities at all other times. 7. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: CITY will insure the Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. 8. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. 9. MAINTENANCE: a. CITY at its cost shall maintain in good condition all portions of the Premises, including but not limited to the following: (1) The structural parts of the building and other improvements that are a part of the Premises, which include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises; Page 2 of 8 2004-148 (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; (4) Air conditioning, heating and ventilating systems servicing the Premises, and; (5) Outside lighting, major irrigation repairs, tennis court nets and windscreens. (6) CITY at its cost shall repair the Premises if they are damaged by (1) causes over which COUNTY has no control, (2) acts or omissions of CITY, or its authorized representatives. b. COUNTY, at its cost, shall be responsible for any and all routine maintenance in and around the Galaxy Building AND Norton Recreation Center, to include the parking lot areas, planter beds, entranceways, and lawn areas. These areas will also include, but not be limited to: (1) Exterior (A) Paint over graffiti as required. (B) Mow and edge lawns. (C) Weed flower & planter beds. (D) Sweep and/or blow sidewalks and all parking lots (E) Trim bushes and low hanging tree branches. (F) Clean windows. (G) Remove trash and leaves. (H) Make minor irrigation repairs and adjustments. (1) Remove dead/diseased plant materials, trees, shrubs and/or other vegetation. These items will be done on a set schedule at a minimum once per week. COUNTY agrees to provide the CITY with a monthly maintenance schedule in writing by the 13tworking day of each month for said month (ex: Monday, July 5, 2004 for month of July 2004). (2) Interior: Janitorial services/minor repairs which shall include, but are not limited to: (A) Vacuum rugs. (B) Clean and dust, mop floors. (C) Clean restrooms and provide janitorial supplies. (D) Remove trash. (E) Clean windows and walls. (F) Make minor repairs, e.g., unplugging a stopped toilet, Page 3 of 8 2004-148 Replacing light bulbs, which do not require ladders and replacing grommets in a leaking faucet. (G) The servicing of fire extinguishers. (H) Maintenance of burglar and fire alarm systems and the total costs thereof, including the provision of an after-hours contact to the fire/alarm company dispatch. COUNTY agrees to supply a 33% FTE Oob classification — custodian) to maintain all of these items for the Galaxy Building. COUNTY agrees to supply CITY with a weekly work schedule of hours that this custodian is working (in writing) on a weekly basis according to the following timeline (ex: provide a work schedule for work week of Monday, July 5, 2004 thru Sunday, July 11, 2004 by 4:00pm, Friday, July 2, 2004). (3) Personal property shall be maintained by COUNTY in the same condition as it was upon commencement of this agreement, reasonable wear and tear excluded. COUNTY and CITY agree to inspect and indicate the condition of personal property upon commencement of this agreement. (4) COUNTY may use supervised juveniles, such as those assigned hours of community service, for maintenance and janitorial work. (5) COUNTY will make repairs if damages are by (a) causes over which COUNTY has control; (b) acts or omissions of COUNTY, or its authorized representatives; (c) direct result of COUNTY'S use. 10. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without CITY's written consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of the agreement. 11. FIXTURES: COUNTY shall have the right during the term(s) of this agreement to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the term(s) of this agreement or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this agreement, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case COUNTY will not be accountable for restoring the Premises. Any such election to surrender must be in writing, but need not be accepted by CITY to be effective. 12. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. CITY to determine the cost per square foot for both buildings for utility services on an annual basis. CITY will bill county on a quarterly basis. COUNTY shall reimburse CITY for 90% of all utility costs (i.e. water, electrical and natural gas) for the Galaxy Building and 48% of the utility costs for the Norton Recreation Center (Gymnasium use). 13. HOLD HARMLESS: a. COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred by the CITY on account of any claim therefore except where such indemnification is prohibited by law. Page 4 of 8 2004-148 b. CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred by the COUNTY on account of any claim therefore except where such indemnification is prohibited by law. 14. INSURANCE: CITY and COUNTY acknowledges that each party is legally self -insured for Worker's Compensation up to statutory limits. The CITY is self -insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The CITY and the COUNTY accept such self-insurance as satisfying the premises liability insurance and workers' compensation requirements under the contract. 15. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such default has been given by COUNTY to CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety- (90) day period and diligently and in good faith continues to cure the default. 16. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. IF COUNTY at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum (including charges for COUNTY's employees and equipment), and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by CITY. 17. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall continue a default and breach of this agreement by COUNTY: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by COUNTY. b. The failure by COUNTY to perform any material provisions of this agreement to be performed by COUNTY where such failure shall continue for a period of thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences Such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 18. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this agreement by giving COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the agreement for default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's default which CITY proves could not have been reasonably avoided. 19. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. Page 5 of 8 2004-148 20. NOTICES a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give 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. CITY's address: City of San Bernardino ATTN: Lemuel P. Randolph, Director Parks, Rec. & Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 COUNTY's address: Public Works Group Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 21. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 22. WAIVERS: No waiver by either party of any provisions of this agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 23. AMENDMENTS: No provision of this agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. 24. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 25. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 26. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 27. QUIET ENJOYMENT: Subject to the provisions of this agreement and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 28. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 29. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold such consent or approval. Page 6 of 8 2004-148 30, EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by reference. 31. LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 32. VENUE: The parties acknowledge and agree that this agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this agreement will be in 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 agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District of San Bernardino County. 33. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorney's fees. This paragraph shall not apply to those costs and attorney's fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 34. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to terminate this agreement at any time. COUNTY or CITY shall give the other notice of any termination pursuant to this paragraph at least thirty (30) days prior to the date of termination. In the event either party terminates this agreement pursuant to this paragraph; neither party will receive any compensation from the other party except that which is outlined in Paragraph 12, "UTILITIES". 35. CAPTIONS. TABLE of CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 36. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the termination of this lease. 37. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. END OF AGREEMENT TERMS. COUNTY OF SA ERNAT�DI /lip./ Dennis s erge Chairman, Board of Supervisors Dated: JUL 2 0 2004 CITY OF SAN BERNARDINO Title: Mayor Pro Tem Dated: G I -t 16 4 Page 7 of 8 2004-148 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. J. Ren Of L-A Da Ap County to sei By: Print Name: rq�cA- L4t-p Dated:a� Attest: Title: City Clerk Dated: APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN City Attorney �7 �% By: Gri>r> T, X -, Dated: / Zooy (Contractual Agreement County of San Bernardino Probation and City of San Bernardino (Norton Recreation Center & Galaxy - As of June 7, 2004) Page 8 of 8 2004-148 ' Fnn 93 R f 7007 csol e vsu9) CAI< A q?o 0 '0.50 CA Sal 46 C-72.�C6 !36 G'I tht+, Ce CA C EXHIBIT "A' PRF.1-- FLOOR PLAN ,�t���� BUILDING (I§L FLU 13,075 SQUARE FEET Page 1 of 6 2004-148 ✓� EXHIBIT "A" GALA LDING,.- 2ND FLOOR 7,006.5 square feet. �- COUNTY EXCLUSIVE USE - 7,066.5 sq. ft. Page 2 of 6 2004-148 LM18IT •A' SES • FLOOR f wTWASIUM/ FITNESS. .r..HT ROCKS 20.982.75 SQUARE FEET cpuor,f 0r 5A,J &R-PAiLD/ova T i Co- r /90O 0 9o72- L'�M =NIv r V \ 3Ca- 1 512.750 Cl?`I-EX _ a.> « 0 T v 5-C6 3` I� + z 30% 4h �f{Kc zsr rf . I U6 �>� Coil iio� n,4ytN1 29Z.516 (14 h ! `- II Aa� 77 it r III ' 1i iItOk'Y •r. o„, J32 a � ) I - fY''JI � � � ✓,� VI , Page 3 of 6 uskA 2004-148 -Y'7oo EXHIBIT -A' PRE: -- FLOOR PLAN( BUILDING 15� T gL Q 13,075 SQUARE FEET 2 „4s]J 7 c o-= - ioa.sr6 CA; �Gi p 531.15!� � `- CA/R �a/ L l7a i 1�05 C A/R n s �IiY4:Ni Page 4 of 6 2004-148 EXHI81i •A' ISES FLOOR 1 TMNSIUM/ FITNESS, T ROCKS 20.982.75 SQUARE FEET c,ra OF Sad a6eNAR�,NO �Sa "56 e co i 1 Page 5 of b S,,L✓) l�l��lc�✓dnc� C ` f So h bc.✓hc d, i�; 01 04-141 n EXHIBIT -A' PRE'.�c_ Ir I'ZI FLOOR PLAN �- BUILDING 1S/ T gI Q• I - - -- ui 13,075 SQUARE FEET „� 3 /V �i�T1:71i cA/ 1 l l hol.s :� ! 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