HomeMy WebLinkAbout08.J- Parks, Recreation & Community Services RESOLUTION (ID#2173) DOC ID: 2173
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Budget Amendment
From: Kevin L. Hawkins M/CC Meeting Date: 01/22/2013
Prepared by: Harriet Myers, (909) 384-5233
Dept: Parks,Recreation&Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council Authorizing the City Manager to Exercise Year
Two of Four Optional Single Year Renewals of a Contractual Agreement Between the City of
San Bernardino and the San Bernardino City Unified School District — Public Safety Academy
for Shared Use of the Recreation Facilities at the Galaxy Building and Norton Recreation Center
for One Year August 1,2012 through July 31,2013.
Financial Impact:
PSA lease agreement payments of$90,000 annually are inclusive of utilities, water, electric,
natural gas and refuse for both buildings.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
9/7/2010 - Mayor and Common Council authorized the City Manager to execute a 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 for one year August 1,2010 through July 31,2011 with
four optional single year renewals
4/20/2009 -Mayor and Common Council authorized 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, and exercising the
one year renewal option from August 1, 2009 through July 31,2010.
8/6/2007 - Mayor and Common Council authorized execution of a 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 for the period August 1, 2007 through July 31, 2009,with a one-
year renewal option from August 1, 2009 through July 31, 2010.
Background:
On August 6, 2007, April 20, 2009, and again on September 7, 2010, the Mayor and
Common Council authorized the 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,
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Updated: 1/17/2013 by Shauna Britton
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fire service, and other public safety industries. The PSA has been using these facilities as
their primary campus (classes and offices) since the FY 2007/2008 School Year. In
exchange for the facilities use,the City receives $7,500 per month in revenue per contract
year.
The partnership originated from the proposed closure of the Norton Fitness Center and
Galaxy Ballroom at the February 17, 2009 city council meeting. Similar to other
proposed facility closures, the Department sought out willing community partners to
allow critical community facilities to remain open, while providing an ongoing revenue
stream.
The current agreement has proven to be mutually beneficial as PSA's funding allowed the
center to remain open to the public with no impact to the city's general fund, while
promoting an important learning center with a focus on public safety.
Despite the successful partnership and mutual satisfaction with the agreement, a recent
contract review discovered that during the transition in both PSA administration and Park
administration, the Year One renewal option was exercised; however, the item was not
approved via Mayor and Common Council resolution.
As a result, this action seeks to exercise the Year 2 option and also ratify any actions that
occurred between August 1, 2011 and the date of the attached resolution.
City Attorney Review:
Supporting Documents:
PSA Resolution 010713 (DOCX)
2010-292 (PDF)
Updated: 1/17/2013 by Shauna Britton
8.J.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL
3 AUTHORIZING THE CITY MANAGER TO EXERCISE YEAR 2 OF FOUR
OPTIONAL SINGLE YEAR RENEWALS OF A CONTRACTUAL AGREEMENT
4 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT — PUBLIC SAFETY ACADEMY FOR
5 SHARED USE OF THE RECREATION FACILITIES AT THE GALAXY
6 BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR AUGUST
1, 2012 THROUGH JULY 31,2013.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
8 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is hereby authorized to execute the contractual Z
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11 agreement with the City of San Bernardino and the San Bernardino City Unified School Distric N
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12 for shared use of the Galaxy Building and Norton Recreation Center, a copy of which is attache d
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13 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth al a
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length; and M
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SECTION 2: The term of this agreement is August 1, 2012 through July 31,2013 with
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17 the option of four, one-year renewals; therefore, any action taken between August 1, 2011 an o
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18 the date that this Resolution is executed is hereby ratified.; and 0-
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19 SECTION 3. That the authorization granted hereunder shall expire and be void and of n
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further effect if the agreement is not executed by both parties and returned to the office of the a
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City Clerk within sixty(60) days following the effective date of the resolution.
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Packet Pg. 411
�.. I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL
3 AUTHORIZING THE CITY MANAGER TO EXERCISE YEAR 2 OF FOUR
OPTIONAL SINGLE YEAR RENEWALS OF A CONTRACTUAL AGREEMENT
4 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT — PUBLIC SAFETY ACADEMY FOR
5 SHARED USE OF THE RECREATION FACILITIES AT THE GALAXY
6 BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR AUGUST
1, 2012 THROUGH JULY 31,2013.
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8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
9 Common Council of the City of San Bernardino at a Meeting, thereof,
10 held on the day of 2013,by the following vote to wit: zo
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1t COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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C14 JENKINS a.
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VALDIVIA M
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16 SHORETT
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17 KELLEY
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JOHNSON o
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MCCAMMACK
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21 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of 2012.
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Patrick J. Moms, Mayor
25 City of San Bernardino
26 Approved as to Form:
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James F. Penman, City Attorney
Packet Pg.412
1 RESOLUTION NO. 2010-292
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN
3 THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT
4 THE GALAXY BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR
AUGUST 1, 2010 THROUGH JULY 31, 2011 WITH FOUR OPTIONAL SINGLE YEAR
5 RENEWALS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the City Manager is hereby authorized to execute the contractual
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9 agreement with the City of San Bernardino and the San Bernardino City Unified School District r
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for shared use of the Galaxy Building and Norton Recreation Center, a copy of which is attached z°
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hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at j
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13 length; and r
14 SECTION 2: The term of this agreement is August 1, 2010 through July 31,2011 with N
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15 the option of four, one-year renewals; therefore, any action taken between August 1, 2010 and
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16 the date that this Resolution is executed is hereby ratified.; and
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17 SECTION 3. That the authorization granted hereunder shall expire and be void and of no 0
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further effect if the agreement is not executed by both parties and returned to the office of the
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20 City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION NO. 2010-292
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN
3 THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT
4 THE GALAXY BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR
AUGUST 1, 2010 THROUGH JULY 31, 2011 WITH FOUR OPTIONAL SINGLE YEAR
5 RENEWALS.
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7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular Meeting, thereof,
8 held on the 7th day of September 2010, by the following vote to wit:
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10 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT c
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it MARQUEZ x °
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12 DESJARDINS x
13 BRINKER x n
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1 SHORETT x (L
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KELLEY x
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JOHNSON x 0)
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18 MCCAMMACK x N
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Rachel G. Clark,City Clerk
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The foregoing resolution is hereby approved this 9�
21 -�-day of September 2010 a
atri c J. Mori , a)
i f San Bernardino
24 Approved as to Form:
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Packet Pg.414
2010-292
Exhibit A
AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE
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 the PUBLIC SAFETY ACADEMY (PSA) desire to
renew a Contractual Agreement for use of 1494 and 1554 E. Art Townsend Drive,
Buildings 178 & 812,
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NOW,THEREFORE,the parties agree as follows: m
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1. PREMISES: CITY hereby grants to PSA the lease rights, hereinafter G
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specified, to be exercised within the Premises, consisting of those portions of the z°
buildings, Building No. 178, commonly referred to as the Galaxy Building located at c
1494 E. Art Townsend Drive, and Building No. 182, commonly referred to as the Norton w
Recreation Center located at 1554 E. Art Townsend Drive.
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2. TERM: The term of this agreement shall be for a period of one (1) year,
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commencing August 1, 2010 with four 1-year options to renew with mutual written N
agreement by both parties. a
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3. RENT / UTILITIES: A rental fee of$7,500 will be charged monthly for N
the term of the lease agreement to be payable by PSA. The rental fee will be payable to N
the CITY by the first of each month. The monthly rental fee shall be inclusive of all O1
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internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and
refuse) for the Galaxy Building and Norton Recreation Center. CITY will bill PSA on a $
quarterly basis. PSA shall also continue to pay the cost of the existing burglar/fire alarm
system for the Galaxy and Norton Buildings. E
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4. RETURN OF PREMISES: PSA 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 PSA and CITY on an exclusive,
common or scheduled basis as described below:
a. The Galaxy Building will be used as follows:
Exhibit "A"
Page 1 of 11 Packet Pg 415
2010-292
Exhibit A
(1)PSA shall have exclusive use of the Galaxy Building, following
areas:
Entire Second Floor 7,007 sq. ft.
Stairs 149 sq. ft.
Emergency Exit 112 sq. ft.
Outside Kitchen Area 536 sq. ft.
First Floor Storage Room 170 sq. ft.
Windowed Office Area 261 sq. ft.
First Floor Classroom 1,144 sq. ft.
First Floor Classroom 770 sq. ft.
First Floor Classroom 805 sq. ft.
Total 10,954 sq. ft.
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(2)The CITY will have exclusive use of the following rooms on
the fast floor:
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Kitchen Area 408 sq. ft. z°
Kitchen Storage Room 173 sq. ft. o
Total 581 sq. ft. N
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(3) CITY and PSA shall have joint use of the first floor common
areas as follows: s
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Entry/Foyer 740 sq. ft. a
Reception Area 1,034 sq. ft.
Hallway Area 167 sq. ft. N
First Floor Windowed Office 137 sq. ft.
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Restrooms 402 sq. ft. N
Total 2,480 sq. ft.
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(4) CITY shall have exclusive control of the use of the Ballroom,
with the following exception. PSA may utilize the westernmost E
third of the Ballroom as a classroom Monday through Friday
during the hours 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 PSA. PSA 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 Recreation Center
Page 2 of 11 NNIMM
2010-292
Exhibit A
(1) PSA shall have exclusive use of the following areas to serve as
classroom space for academy students.
Northwest Classroom 660 sq. ft.
Northwest Classroom 861 sq. ft.
Fitness Room 2,047 sq. ft.
Weight Room 760. sq. ft.
PE Office 186 sq. ft.
Total 41514 sq. ft.
(2) PSA shall have the right to use the following areas, Monday through
Friday during the hours 7:00 a.m. to 3:00 p.m. with the exception of CITY
observed holidays: x
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Gymnasium 9,072 sq. ft.
Lobby 848 sq. ft. r
Men's/Women's Restrooms 426 sq. ft. C
Total 10,346 sq. ft. c
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(3) CITY shall have exclusive use of the areas in Paragraph 6 (b) (2)
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above, at all other times and:
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Storage room 634 sq. ft
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C. PSA shall have exclusive use of the Pool and Shower facilities directly ;
north of the Galaxy Building for future classroom use as may be required
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by PSA to accommodate growth in student enrollment.
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D. PSA will be responsible for repairing or replacing any damaged or missing d
items from the weight room and fitness room. N
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E. PSA may, at its own option and expense, place modular units to serve as E
classroom space in the vacant lot between the Galaxy Building and the
Racquetball Courts. Any and all permit acquisition and installation of
utility lines are the sole responsibility of the PSA. Upon termination of a
this Agreement, PSA shall remove said modules at its own expense and
leave the property in the same condition as it was at the time the modules
were placed there.
F. CITY shall maintain first right to facilitate and manage all rentals of the
Norton Gymnasium and Galaxy Ballroom.
(1) CITY shall supervise regular rentals of the Galaxy Ballroom and
Norton Gymnasium.
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2010-292
G. ASSIGNMENT: PSA shall not assign, sublet or lease any part or portion
of this Agreement without the prior written approval of CITY.
7. HEALTH SAFETY AND FIRE CODE REOUIREMENTS: CITY shall
assure the Premises meet the applicable requirements for 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: PSA will display from windows and/or marquee of the Premises, only
such signs that are not prohibited by law. —°
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9. MAINTENANCE: 0
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a. CITY at its cost shall maintain in good condition all portions of the o
Premises, including but not limited to the following: N
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(1) The structural parts of the buildings and other improvements that are a d
part of the Premises, which include the foundations, bearing and r
exterior walls (including exterior glass and doors), sub-flooring, and a
roof, a
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(2) Electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by the N
CITY lying outside the Premises, specifically structured to the street; N
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(3) Window frames, gutters and downspouts on the buildings that are part N
of the Premises;
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(4) Air Conditioning, heating and ventilating systems lying outside the
Premises; a
(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 PSA has no control; (2) acts or omissions of CITY,
or its authorized representatives.
(7) CITY will conduct monthly inspections of the facility and provide a
weekly audit form to PSA noting any areas of concern.
Page 4 of 11
2010-292
Exhibit A
b. PSA, at its cost shall be responsible for any and all routine maintenance in
and around the Galaxy and Norton Buildings throughout the calendar year,
independent of specific use, to include the parking lot areas, planter beds,
entranceways, and lawn areas. These areas will also include, but not be
limited to:
(1) Exterior
These items should be done on a set schedule at a minimum of once
per week. PSA agrees to provide the CITY with a monthly
maintenance schedule in writing by 1" working day of each month for
said month. Failure of PSA to perform routine maintenance as noted
within a 30-day cure date following notice by the CITY, could be x
terms for contract default.
(A)Paint over graffiti as required 0
(B)Mow and edge lawns o
(C)Weed flower and planter beds o
(D)Sweep and/or blow sidewalks and all parking lots N
(E) Trim bushes and low hanging tree branches D
(F) Clean windows
(G)Remove trash and leaves N
(H)Make minor irrigation repairs and adjustments a
(I) Remove dead/diseased plant materials, trees. Shrubs and/ or other a
vegetation.
2. Interior: Janitorial services/minor repairs, which shall include, but are
not limited to: N
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(A)Vacuum rugs N
(B) Clean and dust,mop floors
(C) Clean Restrooms and locker rooms £
(D)Provide janitorial supplies
(E) Remove trash =°
(F) Clean windows and walls a
(G)Repair inside plumbing,replace inside lighting
(H)Repair inside electrical
(I) Servicing of fire extinguishers
(J) Clean&maintain ventilating system inside the Premises
(K)Maintenance of burglar/fire alarm systems and the total costs
thereof, including the provision of an after-hours contact to the
fire/alarm dispatch.
PSA agrees to supply a custodian to maintain all of these items for the
Galaxy and Norton Buildings. PSA agrees to provide the CITY with a
monthly custodial schedule in writing by I' working day of each
Page 5 of 11
2010-292
Exhibit A
month for said month. Failure of PSA to perform routine custodial
services as noted within a 30-day cure date following notice by the
CITY, could be terms for contract default.
3. CITY property shall be maintained by PSA in the same condition as it
was upon commencement of this Agreement, reasonable wear and tear
excluded. PSA and CITY agree to inspect and indicate the condition of
property upon commencement of this agreement.
4.PSA will make repairs if damages are by(a)causes over which PSA has
control; (b) acts or omissions of PSA, or its authorized representatives; (c)
direct result of PSA use.
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10. ALTERATIONS: PSA 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 r
termination of this agreement. z°
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11. FIXTURES: PSA shall have the right during the term(s) of this agreement, to y
install shelving and fixtures, make interior, non-structural improvements or alterations in
the Premises. Such shelving, fixtures, improvements, and alterations shall remain the d
property of the PSA and may be removed by PSA during the term(s) of this agreement or N
within a reasonable time thereafter, provided PSA restores the Premises to the condition a
as it existed at the commencement of this agreement, reasonable wear and tear excluded, a
or PSA 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 PSA will not be
accountable for restoring the Premises. Any such election to surrender must be in writing,
but not be accepted by CITY to be effective. N
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12. KEYS: For joint use areas, CITY will maintain master key control. For exclusive N
areas, PSA will maintain master key control. PSA is required to submit to CITY, a copy
of exclusive area keys within 48 hours of any changes. CITY must be in possession of £
keys for all rooms.
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13. UTILITIES: CITY shall furnish to the Premises and pay all service charges and a
related taxes for electricity, water, sewer, gas and trash services. The monthly rental fee
shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and
natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center.
14. HOLD HARMLESS:
a. PSA 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
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2010-292
Exhibit A
incurred by the CITY on account of any claim thereof except where such
indemnification is prohibited by law.
b. CITY agrees to indemnify, defend(with board approved by PSA) and hold
harmless PSA, 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 PSA on
account of any claim thereof except where such indemnification is
prohibited by law.
15. INSURANCE: CITY and PSA acknowledges that each party is legally self-
insured for Worker's Compensation up to statutory limits. The CITY is self-insured for x
comprehensive general liability and automobile liability, and each party shall provide a
certificate of self-insurance to the other. The CITY and PSA accept such self-insurance as
satisfying the Premises liability insurance and worker's compensation requirements under
the contract. 0
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16. CITY'S DEFAULT: Except where another time limit is specifically provided, N
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 d
cured within ninety (90) days after notice of such default has been given by PSA to
CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not V)
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be in default of this agreement if CITY commences to cure the default within the ninety a
(909)day period and diligently and in good faith continues to cure the default. M
17. PSA REMEDIES ON CITY'S DEFAULT: PSA at anytime after CITY is in ='
default, can terminate this agreement or can cure the default at CITY's cost. If PSA at N
anytime, by reason of CITY's default, pays any sum or does any act that requires the o
payment of any sum, the sum paid by PSA shall be due from CITY to PSA within five N
(5) day notice of such sum (including charges for PSA employees and equipment), and if "
paid at a later date shall bear interest at the maximum rate PSA is permitted by law to
charge from the date the sum is paid by PSA until PSA is reimbursed by CITY.
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18. PSA DEFAULT: The occurrence of any one or more of the following events a
shall constitute a default and breach of this agreement by PSA:
a. The vacating for more than ninety (90) consecutive days or abandonment
of the Premises by PSA.
b. The failure by PSA 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 PSA; provided,
however, that if the nature of PSA's default is such that more than thirty
(30) days are reasonably required for its cure, PSA shall not be deemed to
be in default if PSA commences said cure within said thirty (30) day
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2010-292
Exlubit A
period and thereafter diligently prosecutes such core to completion. The
purpose of this notice requirement is to extend the notice requirements of
the unlawful detainer statutes of California.
19. CITY'S REMEDIES ON PSA DEFAULT: In the event of any material default
by PSA which is not cured by PSA, CITY may, at its election, terminate this agreement
by giving PSA 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 PSA only any amount, and court costs, necessary to
compensate CITY for all detriment proximately caused by PSA's default which CITY
proves could not have been reasonably avoided.
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20. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives -°
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shall have the right to enter the Premises at all reasonable times.
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21. NOTICES: z0
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a. Any notice, demand, request, consent, approval, or communication that N
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, 0
first-class mail. Any notice, demand, request, consent, approval, or
communication that either party desires or is required to give the other a
party or any other person shall be addressed to the other party at the a
address below. Either party may change its address by notifying the other
party of the change in address. Notice shall be deemed communicated two N
(2) PSA working days from the time of mailing if mailed as provided in
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this paragraph. N
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CITY's address: City of San Bernardino N
ATTN: Kevin Hawkins,Director
Parks,Recreation&Community Services Department 0
1350 S. `B"St.
San Bernardino, CA 92408
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PSA address: Public Safety Academy
ATTN: Mike Davis, Chief Financial Officer
1494 Art Townsend Drive.
San Bernardino,CA 92408
22. 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.
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Exhibit A
23. 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.
24. AMENDMENTS: No provision of this agreement may be amended or added
to except by an agreement in writing signed by both parties hereto or their respective
successor in interest, expressing by it terms an intention to modify this agreement.
25. SUCCESSORS: This agreement shall insure to the benefit of and be binding
upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
26. 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 x
shall be deemed severable from the remainder hereof and shall in no way affect or R
impair the validity of this lease or any other portion thereof.
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27. TIME OF ESSENCE: Time is of the essence of each provision of this o
agreement, which specifies a time, within which performance is to occur. In the absence o
of any specific time for performance, performance may be made within a reasonable N
time.
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28. QUIET ENJOYMENT: Subject to the conditions of this agreement and L
conditioned upon performance of all the provisions to be performed by PSA hereunder, V)
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CITY shall secure to PSA during the agreement term the quiet and peaceful possession of a
the Premises and all right and privilege appertaining hereto.
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29. PROVISIONS AND COVENANTS AND CONDITIONS: All provisions,
whether covenants or conditions, on the part of either party shall be deemed to be both N
covenants and conditions. o
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30. CONSENT: Whenever consent or approval of either party is required, that party
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shall not unreasonably withhold such consent or approval. 0
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31. EXHIBITS: All exhibits referred to are attached to this agreement and
incorporated by reference. a
32. LAW: This agreement shall be construed and interpreted in accordance with the
laws of the State of California.
33. 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
Page 9 of 11 MIMMM
2010-292
- Exhibit A
their best efforts to obtain a change of venue to the Central District of San Bernardino
County.
34. 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 fees. This paragraph shall not apply to those costs and
attorney fees directly arising from any third party legal action against a party hereto and
payable under Paragraph 13,"HOLD HARMLESS".
35. RIGHT TO TERMINATE: PSA or CITY shall have the right to terminate this
agreement at any time. PSA 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 entity terminates this agreement pursuant to this paragraph, neither entity x
will be required to compensate the other entity except for that which is included in
Paragraph 12, "UTILITIES".
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36. CAPTIONS. TABLE OF CONTENTS AND COVER PAGE: The paragraph 0
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captions, table of contents and the cover page of this lease shall have no effect on its c
interpretations.
37. SURVIVAL: The obligations of the parties which, by their nature, continue
beyond the term of this lease,will survive the termination of this lease.
38. INTERPRETATIONS: As this agreement was jointly prepared by both parties, a
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. N
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END OF AGREEMENT TERMS N
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Page 10 of 11
Packet Pg.424
2010-292
Exhibit A
AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE
PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO
By:
Mike Davis, Charles McNeeley
Chief Financial Officer,Public Safety Academy City Manager
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Approved as to form and legal content: G
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Page 11 of 11
Packef�P425
2010-292
AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE
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 the PUBLIC SAFETY ACADEMY (PSA) desire to
renew a Contractual Agreement for use of 1494 and 1554 E. Art Townsend Drive,
Buildings 178 & 812,
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NOW, THEREFORE, the parties agree as follows:
1. PREMISES: CITY hereby grants to PSA the lease rights, hereinafter 0
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specified, to be exercised within the Premises, consisting of those portions of the z°
buildings, Building No. 178, commonly referred to as the Galaxy Building located at c
1494 E. Art Townsend Drive, and Building No. 182, commonly referred to as the Norton H
Recreation Center located at 1554 E. Art Townsend Drive.
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2. TERM: The term of this agreement shall be for a period of one (1) year,
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commencing August 1, 2010 with four 1-year options to renew with mutual written �¢
agreement by both parties. a
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3. RENT / UTILITIES: A rental fee of$7,500 will be charged monthly for
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the term of the lease agreement to be payable by PSA. The rental fee will be payable to w
the CITY by the first of each month. The monthly rental fee shall be inclusive of all N
internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and
refuse) for the Galaxy Building and Norton Recreation Center. CITY will bill PSA on a
quarterly basis. PSA shall also continue to pay the cost of the existing burglar/fire alarm
system for the Galaxy and Norton Buildings. E
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4. RETURN OF PREMISES: PSA agrees that it will, upon any a
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 PSA and CITY on an exclusive,
common or scheduled basis as described below:
a. The Galaxy Building will be used as follows:
Page 1 of 11 EXHIBIT"A"
Packet Pg.426
2010-292
(1) PSA shall have exclusive use of the Galaxy Building, following
areas:
Entire Second Floor 7,007 sq. ft.
Stairs 149 sq. ft.
Emergency Exit 112 sq. ft.
Outside Kitchen Area 536 sq. ft.
First Floor Storage Room 170 sq. ft.
Windowed Office Area 261 sq. ft.
First Floor Classroom 1,144 sq. ft.
First Floor Classroom 770 sq. ft.
First Floor Classroom 805 sq. ft.
Total 10,954 sq. ft.
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(2)The CITY will have exclusive use of the following rooms on
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the first floor:
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Kitchen Area 408 sq. ft. 0
Kitchen Storage Room 173 sq. ft. w
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Total 581 sq. ft. "m
(3) CITY and PSA shall have joint use of the first floor common d
areas as follows: t
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Entry/Foyer 740 sq. ft. a
Reception Area 1,034 sq. ft. M
Hallway Area 167 sq. ft.
First Floor Windowed Office 137 sq. ft.
Restrooms 402 sq. ft. N
Total 2,480 sq. ft. o
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(4) CITY shall have exclusive control of the use of the Ballroom,
with the following exception. PSA may utilize the westernmost v
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third of the Ballroom as a classroom Monday through Friday
during the hours 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 PSA. PSA 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 Recreation Center
Page 2 of 11
Packet,Pg.427
2010-292
(1) PSA shall have exclusive use of the following areas to serve as
classroom space for academy students.
Northwest Classroom 660 sq. ft.
Northwest Classroom 861 sq. ft.
Fitness Room 2,047 sq. ft.
Weight Room 760. sq. ft.
PE Office 186 sq. ft.
Total 4,514 sq. ft.
(2) PSA shall have the right to use the following areas, Monday through
Friday during the hours 7:00 a.m. to 3:00 p.m. with the exception of CITY
observed holidays: x
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Gymnasium 9,072 sq. ft.
Lobby 848 sq. ft. r
Men's/Women's Restrooms 426 sq. ft. z°
Total 10,346 sq. ft. c
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(3) CITY shall have exclusive use of the areas in Paragraph 6 (b) (2)
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above, at all other times and:
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Storage room 634 sq. ft
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C. PSA 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.
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D. PSA will be responsible for repairing or replacing any damaged or missing o
items from the weight room and fitness room. �°,
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E. PSA may, at its own option and expense, place modular units to serve as d
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classroom space in the vacant lot between the Galaxy Building and the ra
Racquetball Courts. Any and all permit acquisition and installation of
utility lines are the sole responsibility of the PSA. Upon termination of a
this Agreement, PSA shall remove said modules at its own expense and
leave the property in the same condition as it was at the time the modules
were placed there.
F. CITY shall maintain first right to facilitate and manage all rentals of the
Norton Gymnasium and Galaxy Ballroom.
(1) CITY shall supervise regular rentals of the Galaxy Ballroom and
Norton Gymnasium.
Page 3 of 11
Packet Pg.428
2010-292
G. ASSIGNMENT: PSA shall not assign, sublet or lease any part or portion
of this Agreement without the prior written approval of CITY.
7. HEALTH SAFETY AND FIRE CODE REOUIREMENTS: CITY shall
assure the Premises meet the applicable requirements for 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: PSA will display from windows and/or marquee of the Premises, only x
such signs that are not prohibited by law.
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9. MAINTENANCE: 0
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a. CITY at its cost shall maintain in good condition all portions of the o
Premises, including but not limited to the following: N
(1) The structural parts of the buildings and other improvements that are a
part of the Premises, which include the foundations, bearing and N
exterior walls (including exterior glass and doors), sub-flooring, and
roof; a
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(2) Electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by the
CITY lying outside the Premises, specifically structured to the street; N
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(3) Window frames, gutters and downspouts on the buildings that are part N
of the Premises;
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(4) Air Conditioning, heating and ventilating systems lying outside the
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Premises; a
(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 PSA has no control; (2) acts or omissions of CITY,
or its authorized representatives.
(7) CITY will conduct monthly inspections of the facility and provide a
weekly audit form to PSA noting any areas of concern.
Page 4 of 11 MEOW
2010-292
b. PSA, at its cost shall be responsible for any and all routine maintenance in
and around the Galaxy and Norton Buildings throughout the calendar year,
independent of specific use, to include the parking lot areas, planter beds,
entranceways, and lawn areas. These areas will also include, but not be
limited to:
(1) Exterior
These items should be done on a set schedule at a minimum of once
per week. PSA agrees to provide the CITY with a monthly
maintenance schedule in writing by I" working day of each month for
said month. Failure of PSA to perform routine maintenance as noted
within a 30-day cure date following notice by the CITY, could be k
terms for contract default. °
(A)Paint over graffiti as required 0
(B)Mow and edge lawns C
(C)Weed flower and planter beds c
(D)Sweep and/or blow sidewalks and all parking lots w
(E) Trim bushes and low hanging tree branches
(F) Clean windows 0
(G)Remove trash and leaves r
(H)Make minor irrigation repairs and adjustments
(I) Remove dead/diseased plant materials, trees. Shrubs and/ or other o`c.
vegetation.
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2. Interior: Janitorial services/minor repairs, which shall include, but are
not limited to: N
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(A)Vacuum rugs
(B) Clean and dust,mop floors
(C) Clean Restrooms and locker rooms E
(D)Provide janitorial supplies
(E) Remove trash =°
(F) Clean windows and walls a
(G)Repair inside plumbing, replace inside lighting
(H) Repair inside electrical
(I) Servicing of fire extinguishers
(J) Clean &maintain ventilating system inside the Premises
(K) Maintenance of burglar/fire alarm systems and the total costs
thereof, including the provision of an after-hours contact to the
fire/alarm dispatch.
PSA agrees to supply a custodian to maintain all of these items for the
Galaxy and Norton Buildings. PSA agrees to provide the CITY with a
monthly custodial schedule in writing by I" working day of each
Page 5 of 11
Packef Pg.430
2010-292
month for said month. Failure of PSA to perform routine custodial
services as noted within a 30-day cure date following notice by the
CITY, could be terms for contract default.
3. CITY property shall be maintained by PSA in the same condition as it
was upon commencement of this Agreement, reasonable wear and tear
excluded. PSA and CITY agree to inspect and indicate the condition of
property upon commencement of this agreement.
4. PSA will make repairs if damages are by(a) causes over which PSA has
control; (b) acts or omissions of PSA, or its authorized representatives; (c)
direct result of PSA use.
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10. ALTERATIONS: PSA 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 o
termination of this agreement. o
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11. FIXTURES: PSA shall have the right during the term(s) of this agreement, to v
install shelving and fixtures, make interior, non-structural improvements or alterations in D
the Premises. Such shelving, fixtures, improvements, and alterations shall remain the d
property of the PSA and may be removed by PSA during the term(s) of this agreement or
within a reasonable time thereafter, provided PSA restores the Premises to the condition a
as it existed at the commencement of this agreement, reasonable wear and tear excluded, a
or PSA 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 PSA will not be
accountable for restoring the Premises. Any such election to surrender must be in writing,
but not be accepted by CITY to be effective. rn
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12. KEYS: For joint use areas, CITY will maintain master key control. For exclusive N
areas, PSA will maintain master key control. PSA is required to submit to CITY, a copy
of exclusive area keys within 48 hours of any changes. CITY must be in possession of
keys for all rooms. a
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13. UTILITIES: CITY shall furnish to the Premises and pay all service charges and a
related taxes for electricity, water, sewer, gas and trash services. The monthly rental fee
shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and
natural gas, sewer, and refuse)for the Galaxy Building and Norton Recreation Center.
14. HOLD HARMLESS:
a. PSA 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
Page 6 of 11 MMMMM
2010-292
incurred by the CITY on account of any claim thereof except where such
indemnification is prohibited by law.
b. CITY agrees to indemnify, defend(with board approved by PSA) and hold
harmless PSA, 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 PSA on
account of any claim thereof except where such indemnification is
prohibited by law.
15. INSURANCE: CITY and PSA 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 a
certificate of self-insurance to the other. The CITY and PSA accept such self-insurance as c�
satisfying the Premises liability insurance and worker's compensation requirements under r
the contract. o
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16. CITY'S DEFAULT: Except where another time limit is specifically provided, N
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 d
cured within ninety (90) days after notice of such default has been given by PSA to N
CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not a
be in default of this agreement if CITY commences to cure the default within the ninety a
(909) day period and diligently and in good faith continues to cure the default.
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17. PSA REMEDIES ON CITY'S DEFAULT: PSA at anytime after CITY is in
default, can terminate this agreement or can cure the default at CITY's cost. If PSA at o
anytime, by reason of CITY's default, pays any sum or does any act that requires the d
payment of any sum, the sum paid by PSA shall be due from CITY to PSA within five N
(5) day notice of such sum (including charges for PSA employees and equipment), and if
paid at a later date shall bear interest at the maximum rate PSA is permitted by law to E
charge from the date the sum is paid by PSA until PSA is reimbursed by CITY.
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18. PSA DEFAULT: The occurrence of any one or more of the following events a
shall constitute a default and breach of this agreement by PSA:
a. The vacating for more than ninety (90) consecutive days or abandonment
of the Premises by PSA.
b. The failure by PSA 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 PSA; provided,
however, that if the nature of PSA's default is such that more than thirty
(30) days are reasonably required for its cure, PSA shall not be deemed to
be in default if PSA commences said cure within said thirty (30) day
Page 7 of 11
Packet Pg.432
2010-292
period and thereafter diligently prosecutes such core to completion. The
purpose of this notice requirement is to extend the notice requirements of
the unlawful detainer statutes of California.
19. CITY'S REMEDIES ON PSA DEFAULT: In the event of any material default
by PSA which is not cured by PSA, CITY may, at its election, terminate this agreement
by giving PSA 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 PSA only any amount, and court costs, necessary to
compensate CITY for all detriment proximately caused by PSA's default which CITY
proves could not have been reasonably avoided.
20. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives
shall have the right to enter the Premises at all reasonable times.
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21. NOTICES: o
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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, v
first-class mail. Any notice, demand, request, consent, approval, or s
communication that either party desires or is required to give the other
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party or any other person shall be addressed to the other party at the a
address below. Either party may change its address by notifying the other
party of the change in address. Notice shall be deemed communicated two
(2) PSA working days from the time of mailing if mailed as provided in
this paragraph.
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CITY's address: City of San Bernardino N
ATTN: Kevin Hawkins, Director
Parks,Recreation&Community Services Department £
1350 S. "E"St.
San Bernardino, CA 92408
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PSA address: Public Safety Academy
ATTN: Mike Davis, Chief Financial Officer
1494 Art Townsend Drive.
San Bernardino, CA 92408
22. 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.
Page 8 of 11
Packet Pg. 433
2010-292
23. 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.
24. AMENDMENTS: No provision of this agreement may be amended or added
to except by an agreement in writing signed by both parties hereto or their respective
successor in interest, expressing by it terms an intention to modify this agreement.
25. SUCCESSORS: This agreement shall insure to the benefit of and be binding
upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
26. 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 m
impair the validity of this lease or any other portion thereof.
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27. TIME OF ESSENCE: Time is of the essence of each provision of this 0
agreement, which specifies a time, within which performance is to occur. In the absence o
of any specific time for performance, performance may be made within a reasonable H
time. M
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28. QUIET ENJOYMENT: Subject to the conditions of this agreement and r
conditioned upon performance of all the provisions to be performed by PSA hereunder,
CITY shall secure to PSA during the agreement term the quiet and peaceful possession of a
the Premises and all right and privilege appertaining hereto.
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29. PROVISIONS AND COVENANTS AND CONDITIONS: All provisions, N
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whether covenants or conditions, on the part of either party shall be deemed to be both rn
covenants and conditions. N o
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30. CONSENT: Whenever consent or approval of either party is required, that party
shall not unreasonably withhold such consent or approval.
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31. EXHIBITS: All exhibits referred to are attached to this agreement and m
incorporated by reference. a
32. LAW: This agreement shall be construed and interpreted in accordance with the
laws of the State of California.
33. 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
Page 9 of 11
PackelPg.434,.
2010-292
their best efforts to obtain a change of venue to the Central District of San Bernardino
County.
34. 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 fees. This paragraph shall not apply to those costs and
attorney fees directly arising from any third party legal action against a party hereto and
payable under Paragraph 13,"HOLD HARMLESS".
35. RIGHT TO TERMINATE: PSA or CITY shall have the right to terminate this
agreement at any time. PSA or CFFY 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 entity terminates this agreement pursuant to this paragraph, neither entity x
will be required to compensate the other entity except for that which is included in
Paragraph 12, "UTILITIES".
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36. CAPTIONS. TABLE OF CONTENTS AND COVER PAGE: The paragraph z°
captions, table of contents and the cover page of this lease shall have no effect on its o
interpretations. d
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37. SURVIVAL: The obligations of the parties which, by their nature, continue °?
beyond the tern of this lease,will survive the termination of this lease. r
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38. INTERPRETATIONS: As this agreement was jointly prepared by both parties, a
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.
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END OF AGREEMENT TERMS N
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Packet Pg.435
2010-292 BJ.b
AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE
PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDI O
c.EC'c By
Mike Davis, arles McNeeley
Chief Financial Officer, Public Safety Academy V City Manager
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Dated: c,- L2-'.J i J Dated: 9 iZI-16 A
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Approved as to form: zo
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