HomeMy WebLinkAbout26-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
Subject:
Resolution authorizing the Mayor to enter into a
contract with the Central City Company, LLC, to
allow use of City owned restroom facilities at
Carousel Mall
Dept: Facilities Management
Date: March 8, 2004
6RisiNAL
MICC Meetin~ Date:
March 15, 2004
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt resolution.
Contact person: James Sharer
d
James W. Sharer
Director of Facilities Management
Phone: 384-5244
Supporting data attached: Staff Report, Contract
Ward(s):
I
FUNDING REQUIREMENTS:
Amount:
Source::
Barbara Pachon
Director of Finance
Council Notes:
(4-SC/~7li;lt-l<:'
2/15/()If
Agenda Item No. a~
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL
ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the Mayor to enter into a contract with the Central City
Company, LLC, to allow use of City owned restroom facilities at Carousel Mall.
BACKGROUND
The Carousel Mall is located 295 North E Street in the City of San Bernardino.
The Mall was built as a redevelopment project in 1970, to help revitalize the
downtown. With the closure of JC Penneys, there are currently no ADA accessible
restrooms available to the general public. The Mall has determined that this
situation must be addressed to keep customers and tenants, and has approached the
City and asked to use the City restrooms located in the City owned section of the
west mall court.
On December 2, 2003, the Central City Company, LLC sent a request to the City
outlining how the agreement could be made feasible. The Central City Company
would at their expense:
. renovate and make the restrooms ADA compliant
. assume all maintenance responsibility, including supplies for the
restrooms
. assume all liability for the use of the restrooms, and provide insurance
naming the City and Economic Development Agency as additional
insureds
. install a security access system for controlled use of the restrooms, if.
needed.
The attached contract identifies the role of each party and their responsibilities.
Staff has reviewed the project and the contract and recommends approval.
FINANCIAL IMPACT
None
RECOMMENDATION
Adopt resolution.
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[MAL~
CENTRAL CITY COMPANY / LLC
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December 2, 2003
Mr. Jim Sharer
Facilities Management
300 North "D" Street
San Bernardino, CA 92418
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FACILITIES
MANAGEME.NT
RE: Carousel Mall Public Restrooms
Dear Jim:
I previously sent you a copy of a drawing with specifications to convert the City's
restrooms at Carousel Mall to meet ADA requirements, and also cosmetically remodel
the restrooms to give them a fresh appearance. I am enclosing herewith proposals from
two contractors to accomplish the work outlined on the plans. The low bidder is
Huisken Construction Co. at a cost of $21,000.
As we previously discussed, Penney's is now closed, and there are currently no public
restrooms available to the general public at the mall. This creates a number of
problems that we previously discussed. In trying to determine how to make this work for
all concerned, I have given consideration to the issues you raised and have
incorporated them in the following.
I hereby formally request that we move ahead as quickly as possible to allow Central
City Company, LLC to convert the restrooms to meet ADA requirements and make them
available, with controlled access, for the general public and mall tenant use. I
understand that this will have to go to the Mayor and Council for approval of an
agreement between the City and Central City Company, LLC that would set out our
responsibilities.
I would appreciate it if that could be expedited as much as possible so that we can
provide these facilities of common decency to the public. I n order to accomplish this
with no cost or risk to the City, I propose the following.
1. Central City Company, LLC pay for the full cost of the restrooms remodel to
meet ADA standards and cosmetic upgrade, as outlined on the plans
previously submitted.
2. Central City Company, LLC assume all maintenance responsibility, including
supplies, for the restrooms.
~d(
Member 01
International Council
of ShoppinQ Centers
.
3. Central City Company, LLC would assume the liability for any use of the
restrooms and provide a certificate of insurance naming the City and its
Economic Development Agency as additional insureds.
4. The City's Director of Facilities Management would approve any controlled
access system that would be installed. If such system is installed, it would be
at Central City Company, LLC's cost.
Please let me know if you need anything further to move this forward.
Yours truly,
Salvatore F. Catalano, CSM
General Manager
SFC:rls
Enclosures
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RESOLUTION NO.1[; 0 fP 11
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO ENTER INTO A
CONTRACT WITH THE CENTRAL CITY COMPANY, LLC, TO ALLOW
USE OF CITY OWNED RESTROOM FACILITIES AT CAROUSEL
MALL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino owns restroom facilities within
the public portions of the Carousel Mall. The Central City Company, LLC wishes
to use these restrooms for Carousel Mall customers and tenants. The Mayor is
hereby authorized and directed to execute said contract on behalf of the City; a
copy of the contract is attached hereto as Exhibit A and incorporated herein.
SECTION 2. Any amendment or modification thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall not be
implied from any act or course of conduct of any party. This resolution is
rescinded if the parties to the contract fail to execute it within sixty (60) days of
the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO ENTER INTO A
CONTRACT WITH THE CENTRAL CITY COMPANY, LLC, TO ALLOW
USE OF CITY OWNED RESTROOM FACILITIES AT CAROUSEL
MALL.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of
2004, by the following vote, to wit:
ABSTAIN
ABSENT
NAYS
Council Members:
AYES
ESTRADA
LONGYILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
Me'CAMMACK
Rachel G, Clark, City Clerk
The foregoing resolution is hereby approved this
2004,
day of
Judith Valles, Mayor
City of San Bernardino
23
24
25 Approved as to form and legal content:
26
27
28
'1 it-
-'~ -~
~jes F, Penman, City Attorney
"Exhibit A"
AGREEMENT
(License for Use of Facilities)
THIS AGREEMENT is entered into this _ day of 2004, by and between the
CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and
CENTRAL CITY COMPANY, LLC, referred to as "Licensee".
City and Licensee agree as follows:
I. Recitals.
(a) Licensee has requested permission from City to convert the City ovmed restrooms to meet
ADA requirements and make them available, with controlled access, to the public and the mall
tenants of the Carousel Mall (hereafter "ADA Restroom Improvements").
(b) City is willing to grant permission to Licensee for said construction to the extent that such
permission may be given by City, upon the conditions set forth in this agreement.
2. License Granted. City grants to Licensee permission to convert the restrooms to meet ADA
requirements and make them available, with controlled access, to the public and the mall tenants
of the Carousel Mall; said restroom improvements shall consist of updating the existing
restrooms to current code and ADA standards. The encroachment shall allow the Licensee to use,
operate and maintain the City owned restroom facilities.
The license granted herein is subject to any conditions as shall hereafter be imposed by the
Director of the Facilities Management Department of the City.
3. Construction. Licensee agrees to construct the ADA Restroom Improvements in accordance
with the drawings entitled "Carousel Mall I st Floor Common Restrooms", on file in the office of
the Director of Facilities Management. No alterations or changes in the drawings shall be made
without first receiving written approval of the Director of Facilities Management.
4. Rules and Regulations. Licensee shall observe all rules, regulations, ordinances and
enactments of City and all applicable laws of the State of California in install ing and
maintaining the restrooms.
5. Liability Insurance. Licensee agrees to procure and maintain in force during the term of this
agreement and any extension, at its expense, public liability insurance in companies and through
brokers approved by City, through its Risk Management Coordinator, adequate to protect the
City and its Economic Development Agency against liability resulting from, arising out of, or in
any way connected with, the construction, maintenance, or use of the ADA Restroom
Improvements by Licensee or 'any of its officers, contractors, agents, tenants, or employees, or
any member of the public in a minimum amount of at least $1,000,000 combined single limit.
Licensee shall provide to City's Risk Management Division a policy of insurance which
includes:
(a) The City of San Bernardino and its Economic Development Agency (hereafter "EDA"), as
additional named insured;
(b) The insurance company name, policy number, period of coverage and the amount of
Insurance;
(c) Condition that the Director of Facilities Management of the City of San Bernardino must be
given notice in writing at least 30 days prior to cancellation, material change or refusal to renew
the policy;
- I -
"Exhibit A"
(d) Condition that Licensee's insurance will be primary to any coverage the City of San
Bernardino may have in effect.
6. Title ofPropertv. Licensee acknowledges the title and paramount interest of City to the public
areas surrounding the Carousel Mall, and agrees never to assail or resist City's title or interest
therein. Licensee shall not obtain any prescriptive rights hereunder.
7. Indemnification. Licensee shall exercise its privileges under this license at its own risk.
Licensee shall indemnifY and hold harmless City and the EDA, their elective and appointive
boards, commissions. officers, agents and emp I oyees from liability resulting from, arising out
of, or in any way connected with, the construction or maintenance of any facilities referenced in
this license, the occupation or use of such facilities, both during and after the construction and
installation thereof, including but not limited to claims resulting from the conduct of Licensee or
City, their employees, invitees, guests, tenants or agents, or Licensee's failure to perform its
promises in connection herewith. Licensee shall defend City and the EDA, their elective and
appointive boards, commissions, officers, agents and employees from any suits or actions at law
or in equity for damages or injuries, including death, caused, or alleged to have been caused, by
reason of any of Licensee's operations under this agreement. City shall not be liable to Licensee
if Licensee's occupation or use of said facilities is hindered or disturbed.
8. Waiver. Waiver by City of any breach of any provision of this license does not waive any
subsequent breach of the same or any other provision.
9. Notice. All notices relating to this agreement/license shall be in writing and delivered in
person or sent by certified mail, postage prepaid, addressed as follows:
AS TO CITY: AS TO LICENSEE:
City of San Bernardino Central City Company, LLC
300 North "D" Street 295 Central City Mall
San Bernardino, CA 92418 San Bernardino, CA 9240 I
ATTENTION: Attention:
Director of Facilities Management General Manager
10. Assignment. No assignment of this license by Licensee, its successors, legal representatives
or assigns, or any subsequent assignee, shall be binding upon City without the prior written
consent of City in each instance. City shall not unreasonably withhold its consent.
11. Amendment. This license/agreement may be amended or modified only by written
agreement, signed by both parties.
12. Term. The term of this license/agreement shall be for a period of 30 (thirty) years,
commencing on March 2, 2004. This license/agreement will renew itself thereafter from year to
year, unless either party notifies the other, in writing, of termination at least fifteen (15) days
before the expiration of any such year.
13. Consideration. Licensee shall pay to City the sum of ONE HUNDRED DOLLARS ($100.00)
as consideration for the issuance of this license/agreement.
14. Maintenance. Licensee agrees to maintain the facilities, which are the subject of this
license/agreement, in good condition and repair at all times.
Central City Company, LLC shall pay for the full cost of the restroom remodel to meet ADA
standards and cosmetic upgrade, as outlined on the plans on file with the Director of Facilities
Management.
-2 -
"Exhibit A"
Central City Company, LLC shall assume all maintenance responsibility, including but not
limited to supplies and paper products, for the restrooms.
Any controlled access system that would be installed shall be subject to the approval of the
Director of Facilities Management. If said system is installed, it would be at the cost of Licensee.
All costs for maintenance of said system as well as the monitoring and granting of controlled
access shall be the responsibility of Central City Company, LLC.
15. Free of Liens. Licensee shall payor cause to be paid all costs of construction and/or
installation of the restroom improvements referred to above and shall keep the property free and
clear of any and all claims arising out of the performance of work or furnishing of materials for
said construction and installation.
16. Possessorv Interest. Licensee recognizes and understands that this license/agreement may
create a possessory interest subject to property taxation and that Licensee may be subject to the
payment of property taxes levied on such interest. Licensee agrees to and shall hold harmless the
City from any and all liability for any such taxes.
17. Conflict with Carousel Mall. City does not warrant or make any representation concerning its
full control over the Carousel Mall and surrounding public areas. City is lessee of such property
by Lease from the Redevelopment Agency of the City of San Bernardino; in addition, City is a
signatory with numerous other parties to a Reciprocal Easement Agreement, covering the
Carousel Mall. The existence of each of these documents is called to the attention of Licensee.
Each is a public record, duly recorded. In the event any party to either the Lease or said
Reciprocal Easement Agreement claims or has any rights to or control over or interest in the
portion of the public areas covered by this license/agreement, Licensee shall defend, indemnify,
and hold the City, the Economic Development Agency of the City of San Bernardino and the
Community Development Commission, and their officers, agents, and employees, harmless from
any claims, demands, suits or judgments arising from Licensee's occupancy of the areas covered
under this license, or for interruption thereof.
18. Non-Discrimination. During the term of this Agreement, Licensee agrees that Licensee shall
not discriminate on the grounds ofrace, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status,
sex or sexual orientation. Further, Licensee agrees to conform to the requirements of the
Americans with Disabilities Act during the term of this Agreement.
19. Standard of Performance. Licensee shall complete all work in conformance with Federal,
State, and local regulations and industry standards.
20. Severability. In the event this license, or any portion thereof, should be determined to be
void, illegal or improper, for any reason whatever, or Licensee's rights thereunder are set aside
through Court action or otherwise, all other portions of the license/agreement shall remain fully
enforceab I e to the extent possible after such determinations.
21. Complete Agreement/License. This document represents the total and complete agreement
regarding the License for Use of Facilities, and no other written and/or oral agreements exist in
this regard.
/////
/////
- 3 -
"Exhibit A"
AGREEMENT
LICENSE for Use of Facilities
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the date written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
Central City Company, LLC
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
III
III
- 4-
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 19,2004
TO:
James Sharer, Director of Facilities Management
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-76
At the Mayor and Common Council meeting of March 15,2004, the City of San Bernardino
adopted Resolution 2004-76 - Resolution authorizing the Mayor to enter into a contract with the
Central City Company, LtC, to allow use of City-owned restroom facilities at Carousel Mall,
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by May 14, 2004.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
e above mentioned documents.
Please sign and return
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3 - (5-ot Item # '2 (" Resolution #
Vote: Ayes I. 3, - "\ Nays ..f:r Abstain 0
2..0c::/1 - '1 Co
Absent :L
Change to motion to amend original documents 0
Companion Resolutions
Null/Void After: I~n days 1 5- I Lj-O'-l
Resolution # On Attachments: 0' Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 3- I Co." 0 'i
Date of Mayor's Signature: 3- )b-0~
Date of Clerk/CDC Signature: 3- (/- Oli
Reso. Log Updated:
Seal Impressed:
0'
g--
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
:3 1"1 -0'1
Date Returned: "S-\L1 ~ Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes ..L
Yes
Yes
Yes
Yes
No By
No ----.L- By
No -L By
No / /By
No L By
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities ff Parks & Recreation 0
City Attorney EJ Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: J.--
Notes:
Ready to File: _
Date:
Revised 12/18/03