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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL@ctft~ N A L
From: Kevin Hawkins, Director
Subject: Resolution authorizing the Interim
City Manager to execute Amendment No. I
to the Contractual Agreement between the
City of San Bernardino and the San
Bernardino City Unified School District for
shared use of the recreation facilities at the
Galaxy Building and Norton Recreation
Center, and exercising the one-year renewal
option from August I, 2009 through July 31,
2010.
Dept: Parks, Recreation & Community
Services Department
Date: March 30, 2009
MICC Meeting Date: April 20, 2009
Synopsis of Previous Council Action:
August 6,2007 - Council adopted Resolution No. 2007-321 which authorized execution ofa
Contractual Agreement between the City of San Bernardino and the San Bernardino City Unified
School District for shared use ofthe recreation facilities at the Galaxy Building and Norton
Recreation Center for the period August 1,2007 through July 31, 2009, with a one-year renewal
option from August 1,2009 through July 31, 2010.
Recommended Motion:
Adopt Resolution.
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Signature:)
Contact person:
Kevin Hawkins
Phone:
384-5030
Supporting data attached: StafTRo.port Reso & Amendment No. I Ward:
To Contractual Agreement.
FUNDING REQUIREMENTS: Amount: No net impact to the General Fund.
Source: (Acet. No.)
(Acct. Description)
Council Notes:
Finance:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council authorizing the Interim City Manager to execute
Amendment No. I to Contractual Agreement between the City of San Bernardino and the San
Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy
Building and Norton Recreation Center, and exercising the one year renewal option from August
1,2009 through July 31, 2010.
Backeround:
On August 6, 2007, Council authorized execution of a Contractual Agreement with the San
Bernardino City Unified School District on behalf of the Public Safety Academy (PSA) for use
of portions of the Galaxy Building and Norton Recreation Center Gymnasium. The Public
Safety Academy is a San Bernardino City Unified Schools Public Charter School. The purpose
of the Public Safety Academy is to provide students with a quality high school education with an
emphasis on preparation for careers in law enforcement, fire service, and other public safety
industries. The Public Safety Academy has been using these facilities as their primary campus
(classes and offices) for the 2007/2008 and 2008/2009 School Years. In exchange for the
facilities use, the City receives $48,000 in revenue per contract year.
In response to the City's budgetary realities, the Interim City Manager proposed closure of the
Norton Fitness Center and Galaxy Ballroom at the Council's February 2, 2009 meeting, and
subsequently approved by Council on February 17, 2009. It was anticipated that closure of the
facilities, effective April 1,2009, would net the City savings in the amount of $40,025 in FY
08/09, and $160,100 in FY 2009/10. Two full time positions and three part time positions were
impacted by this action.
The proposed Amendment to the Agreement would serve to minimize job loss, while preserving
services to the public at the facility. The expanded tenant agreement with the Public Safety
Academy (PSA) will afford the Academy increased usage of the facility. Under the proposed
Amendment, PSA will fund 100% of the cost of utilities (water, electric, natural gas and refuse)
for both buildings. The rental fee paid by the PSA will remain the same at $48,000 annually.
PSA will hire existing part time city personnel at comparable rates to supervise the Norton
Recreation Center operations Monday through Friday, 11 :00 a.m. to 8:00 p.m. and Saturdays
from 9:00 a.m. to 2:00 p.m.
The City will continue to employ one 'l4 Recreation Coordinator, paid from the General Fund, to
manage facility rentals, cash handling, and coordinated equipment and facility repairs. Regular
rentals of the Galaxy Ballroom and Norton Recreation Center amenities will remain under the
City's supervision. Revenue received from programming and rentals, collected by PSA would
continue to be funneled to the City's General Fund.
The proposed Amendment to the Agreement is of mutual benefit to both the City and PSA. PSA
has been a reliable tenant of the GalaxylNorton facilities for nearly two school year terms. The
Department views this partnership as imperative to the continuation of City parks, recreation and
community services for the San Bernardino populace. The City will be able to continue to meet
the needs of a number of daily gym users, class patrons, tennis/racquetball players, fitness
members, renters, and health enthusiasts, while continuing to provide much needed revenue to
the City.
Financial Impact:
The current lease agreement provides $48,000 annually ($4,000 per month) in revenue, which is
already factored into the FY 08/09 budget. Prior to this proposal, the City had been receiving
90% reimbursement of utility cost for Galaxy and 48% for Norton from PSA (water, electric,
natural gas and refuse). The City share was 10% and 52% respectively totaling about $24,000 to
$28,000 annually. The proposed Amendment to the Agreement would stipulate that in addition
to the monthly lease payments of $4,000, the PSA will reimburse the City for the remainder of
the utility costs (approximately $2,000 to $2,300 per month). The City will then utilize this
savings to fund a:y., time Recreation Coordinator position at an estimated annual cost of $26,300.
Recommendation:
Adopt Resolution.
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RESOLt:TION NO. 2009-
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BER"IARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
FOR SHARED USE OF THE RECREATION FACILITIES AT THE GALAXY BUILDING
AND NORTON RECREATION CENTER, A.1\ID EXERCISING THE ONE YEAR RENEW AL
OPTION FROM AUGUST 1, 2009 THROUGH JULY 31,2010.
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7 WHEREAS, the City of San Bernardino and the San Bernardino City Unified School
8 District have an existing Agreement for use of1494 and 1554 E. Art Townsend Drive, Buildings 178
9 & 812, San Bernardino, which expires on July 31, 2009, with a one-year option to renew ("the
10 Agreement") which was approved by Resolution No. 2007-321; and,
11 WHEREAS, the Parties wish to amend the Agreement to allow for the PSA's expanded
12 use of the Premises; and,
13 WHEREAS, the Parties wish to exercise their option to renew the Agreement for an
14 additional year;
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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17 SECTION 1. The Interim City Manager is hereby authorized and directed to execute the
18 First Amendment to Agreement Between the San Bernardino City Unified School District and the City
19 of San Bernardino for Use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 & 812, San
20 Bernardino ("the Amendment"), a copy of which is attached hereto and incorporated in full herein as
21 Exhibit "A."
22 SECTION 2. Inasmuch as the parties have agreed to exercise their option to extend the
23 Ab'Teement one-year, the new termination date of the Agreement. as amended, is July 31, 2010.
24 SECTION 3. The effective date of the Amendment is April 21. 2009; therefore, any
25 payments or responsibilities of the parties due in the month of April, 2009, shall be prorated
26 accordingly.
27 SECTION 4, The authorization to execute the Amendment if it is not executed by both
28 parties and returned to the city Clerk within 60 days of the passage of this Resolution.
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1 RESOLUTION AUTHORIZING THE INTERIM CITY MA!\'AGER TO EXECUTE
AMENDME!\'T NO.1 TO THE CO!\'TRACTVAL AGREEMENT BETWEEN THE CITY OF
2 SAN BER."iARDINO AND THE SA!\' BERI\'ARDINO CITY VNIFlED SCHOOL DISTRICT
FOR SHARED USE OF THE RECREA nON FACILITIES AT THE GALAXY BUILDING
3 AND NORTON RECREATION CENTER, A!\'D EXERCISING THE ONE YEAR RE!\'EWAL
OPTION FROM JULY 1, 2009 THROUGH JUNE 30, 2010.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Conunon Council of the City of San Bernardino at a
meeting thereof. held on the _day
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of
, 2009. by the following vote, to wit:
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COUNCIL MEMBERS: AYES
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ESTRADA
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BAXTER
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MC CAMMACK
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NAYS
ABSTAIN ABSENT
Rachel Clark. City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2009.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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By:
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- SpecIal ounsel
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FIRST A.I\1ENDMENT TO AGREEMENT BETWEEN
SAl'I BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 and 1554 E. ART TOWNSE!'iD DRIVE
WHEREAS, the City of San Bernardino ("City") and San Bernardino City Unified
School District ("S.B.U.S.D.") have an Agreement for use of 1494 and 1554 E. Art Townsend
Drive, Buildings 178 & 812, San Bernardino("Prernises"), which expires on July 31,2009, with a
one-year option to renew ("the Agreement"), approved by Resolution No. 2007-391; and,
WHEREAS, the Premises are to be used by and for the Public Safety Academy("PSA"), a
charter school; and,
WHEREAS, the Parties wish to amend the Agreement to allow for the PSA's expanded
use of the Premises;
WHEREAS, the Parties wish to exercise their option to renew the Agreement for an
additional year; and,
NOW, THEREFORE, the parties agree to amend the following paragraphs in the
Agreement to read as follows:
"1. PREMISES: CITY hereby grants to S.B.C.U.S.D. the right to use portions of
Building No. 178 ("Galaxy Building") located at 1494 E. Art Townsend Drive
and portions of Building No. 812 ("Norton Recreational Center" or "Norton
Gym") located at 1554 E. Art Townsend Drive, for the PSA as set forth in
Paragraph 6, below."
"2. TERM: This Agreement, as amended, is effective beginning April 21, 2009 and
continuing through July 31,201 0, with a one-year option to renew with the mutual
agreement of both CITY and S.B.C.U.S.D.
"3. RENT: S.B.C.U.S.D. shall pay monthly rent to CITY in the amount of$4,000,
payable to "City of San Bernardino" by the first of each month.
"6. USE and SUPERVISION: The Premises shall be used by S.B.C.U.S.D. and
CITY on an exclusive, joint or scheduled basis as follows:
a. The Galaxy Building:
(i) CITY will have exclusive use of the following areas on the
first floor:
Kitchen area
First floor office
First floor office
Total
408 sq. ft.
143 sq. f1.
137sq.ft.
688 sq. ft.
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FIRST AMENDMENT TO AGREEMENT BETWEE!';
SA!'; BER."iARDINO CITY Ul'\IFIED SCHOOL DISTRICT
AND CITY OF SAN BER.NARDINO
FOR LSE OF 1494 and 1554 E. ART TOWNSEND DRIYE
(ii) S.S.C.U.S.D. shall have exclusive use of the following
areas:
Entire Second Floor
Stairs
Emergency Exit
First floor storage room
First floor storage room
Windowed office area
First floor classroom
First floor classroom
First floor classroom
Total
7,007 sq. ft.
149 sq. ft.
112 sq. ft.
170 sq.ft.
173 sq. ft.
261 sq. ft.
1,144 sq. ft.
no sq. ft.
805 Sq. ft.
10,591 sq. ft.
(iii) CITY and S.B.C.U.S.D. shall have joint use of the first
floor common areas consisting of:
Entry/foyer
Reception area
Outside kitchen area
Hallway area
Restrooms
Total
740 sq. ft.
1,034 sq. ft.
536 sq. ft.
167 sq. ft.
402 sq. ft.
2,879 sq. f1.
(iv) CITY shall have exclusive control of the use of the
"Ballroom," with the following exception. S.B.C.U.S.D.
may utilize the westernmost third of the Ballroom as a
classroom Monday through Friday during the hours of 7:00
a.m. to 2:00 p.m. The classroom shall be portable to
accommodate CITY uses as needed, said accommodation to
be made by S.B.C.U.S.D. S.B.C.U.S.D.shall repair or
replace and maintain the folding partition door that
separates the westernmost third from the remainder of the
Ballroom. CITY's usage may include weddings,
receptions, business meetings and/or other uses by third
parties. Whichever party has use of the area shall leave it
clean and in its original condition prior to the other party's
use thereof.
b. The Norton Recreational Center
(i) S.B.C.U.S.D. shall have exclusive use of the following
areas to serve as classroom space for PSA students:
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FIRST AMENDMENT TO AGREEMEI\'T BETWEEN
SAN BER."i'ARDINO CITY UNIFIED SCHOOL DISTRICT
AND CITY OF SAcl'li BER.l'IiARDINO
FOR USE OF 1494 and 1554 E. ART TOWNSEND DRIYE
Northwest storage room
Northwest meeting room
Total
660 sq. ft.
861 Sq. ft.
1,521 sq. ft.
(ii) S.B.CU.S.D. shall have the right to use of the following
areas on Monday through Friday from 7:15 a.m. to 3:00
p.m., with the exception of CITY observed holidays:
Gymnasium
Lobby area
Foyer
Men's & Women's restrooms
Total
9,072 sq. ft.
848 sq. ft.
293 sq. ft.
426 Sq. ft.
10,639 sq. ft.
(iii) CITY shall have exclusive use of the areas in Paragraph
6(b)(ii), above, at all other times.
c. Pool and shower facilities directly north of the Galaxy Building
S.B.CU.S.D. shall have exclusive use of the pool and shower
facilities directly north of the Galaxy Building for future classroom
use as may be required by PSA to accommodate growth in student
enrollment.
d. Vacant lot between Galaxy Building and Norton racquetball courts
S.B.CU.S.D. may, at its option and its own expense, place
modular units to serve as classroom space in the vacant lot between
Galaxy Building and Norton racquetball courts. Any and all permit
acquisition and installation of utility lines are the sole
responsibility ofS.B.C.U.S.D. Upon termination of this
Agreement, S.B.CU.S.D. shall remove said modules at its own
expense and leave the property in the same condition as it was at
the time such modules were placed there."
e. Supervision of Norton Recreational Center and Galaxy Building
shall be as follows:
(i) PSA shall hire existing part-time CITY personnel, at rates
comparable to what they currently receive from CITY, to
supervise the Norton Recreational Center operations
Monday through Friday, II :00 a.m. to 8:00 p.m., and
Saturday, 9:00 a.m. to 2:00 p.m.
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FIRST Al'\1ENDMENT TO AGREEMEl\'T BETWEEl'\
SAN BER.","ARDINO CITY UNIFIED SCHOOL DISTRICT
A","ID CITY OF SAN BER.","ARDINO
FOR USE OF 1494 and 1554 E. ART TOW:'\SEND DRIVE
(ii) CITY shall supervise regular rentals of the Galaxy
Ballroom and Norton Recreational Center amenities.
(iii) Revenue received from programming and rentals shall'
continue to be collected by PSA and deposited to the
CITY's general fund.
(iv) CITY shall continue to employ one 75% FTE in the
Recreation Coordinator classification to manage facility
rentals, handle cash and coordinate equipment and facility
repaIrs. "
"12. UTILITIES: CITY shall furnish to the Premises and pay all service charges and
related taxes for electricity, water, sewer gas and refuse services. S.B.C.U.S.D.
shall reimburse CITY for 100% of all utility costs (i.e., water, electric, refuse and
natural gas) for both the Galaxy Building and the Norton Gym. CITY will bill
S.B.C.U.S.D. on a quarterly basis. S.B.C.U.S.D. shall also continue to pay the
cost of the existing burglar/fire alarm system for the Galaxy Building."
THE PARTIES FURTHER AGREE that all other terms and conditions of the Agreement
shall remain the same.
This Amendment is effective on April 21, 2009.
IN WITNESS THEREOF, the parties have executed this Agreement as set forth below.
Dated:
,2009
Dated:
,2009
CITY OF SAN BERNARDINO
SAl'\ BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
Approved as to form:
Special Cou I for
City of San Bernardino
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