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HomeMy WebLinkAbout05.G- Parks, Recreation & Communty Services RESOLUTION(ID#2282) DOC ID: 2282 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Kevin L. Hawkins M/CC Meeting Date: 03/04/2013 Prepared by: Harriet Myers, (909) 384-5233 Dept: Parks,Recreation&Community Ward(s): 6 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Amendment to the Standard Facility Lease Agreement with the County of San Bernardino, for the Second of Five One-Year Options to Operate a Family Resource Center at Nicholson Community Center. Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: 001-380-xxxx-2012-0074 Balance as of: 3/4/13 - $0.00 Balance after approval of this item: $49,152 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred but not yet processed. CSBPD would pay an amended annual lease fee of$49,152 ($4,096 monthly) for partial use and co-operation of the Nicholson Community Center. The reduced lease revenue would continue to fund the entire City recreational component at the center totaling $49,150 for FY12/13. Motion: Adopt the Resolution; and authorize the Director of Finance to amend the FY 2012-2013 Parks &Recreation budget as outlined in the staff report. 10-18-2010-Resolution authorizing the City Manager to execute a standard Facility Lease Agreement with the County to create and operate a Family Resource Center at Nicholson Community Center. 9-8-2009 - Partial Lease of Delmann Heights Community Center to San Bernardino County Preschool Services Department. 2-2-2009 - Mayor and Common Council approved a budget savings scenario that resulted in the closure of Nicholson Community Center as well as several other facilities. Background: As part of over $2 million in budget reductions to the Parks, Recreation and Community Services department, the Nicholson Community Center was closed for city programming on April 1, 2009. Despite the general fund savings, the closure resulted in significant service interruptions to the community, including traditional facility reservations, contract classes, community programs and park maintenance. In an effort to revitalize programming and services at this site, yet maintain the proposed Updated:3/1/2013 by Georgeann"Gigi"Hanna I Packet Pg. 152 2282 savings to the general fund, staff proposed a lease agreement with the County of San Bernardino, Preschool Services Department(CSBPSD), to co-operatively utilize facilities at Nicholson Community Center. Through negotiations, CSBPSD expanded their existing Family Resource Center Programs in the County, identifying the Nicholson site as a qualifying target location for the federally funded programming. In exchange for use, CSBPSD subsidized the operation of the Nicholson facility through lease payments totaling $55,000 annually ($4,584 monthly). This agreement allowed for the reopening of the center and continuation of regular recreational community center activities since FY10/11 (with an option of five single additional years thereafter). The initial agreement commenced September 1, 2010 and concluded August 31, 2011, with five (5) one-year options to extend the terms. Due to the City's bankruptcy, facility supplies, maintenance repairs and landscape maintenance have been a challenge at the site. During FY 2011-2012, CSBPD undertook the following maintenance activities on behalf of the City at the referenced site: Back Flow prevention $ 573.22 2 County Lawn Maint workers @$25.36/hour 1.75 hours per week $4,616.00 156 gallons fuel @ $4.28/gallon 668.07 Total Expenses: $ 5,857.29 /12 months = $488.10/month As CSBPSD supplemented City efforts/funding, staff agreed to revisit a lease adjustment ® during the renewal period to compensate for the maintenance costs the County undertook during FY 2011-2012. The proposed new lease payment for the term of December 1, 2012 through November 30,2013 is as follows: Previous payment amount $4584.00/month= $55,008 annually Less Maintenance ($488/month) = $5.856 annually Proposed New monthly payment $4,096.00/month= $49,152 annually In order to maximize participation and community involvement, the County continues to stipulate that the City provide a recreation component at the facility similar to the level of programming present before the April 2009 closure. Lease payments would cover the cost of salaries, materials and supplies to co-operate the Nicholson Community Center by City and CSBPD staff. The annual revenue and expense balance resulting from approving the agreement would be: $ 49,152 Lease payments revenue (Dec 12-Nov 13) ($ 25,000) Personnel Services (3 part time staff) ($ 5,000) Maintenance and Operations (recreation supplies and materials) ($ 19.150) Internal Service Charges (utilities and maintenance to operate building) $ 0,000 General Fund obligation City Attorney Review: Sunnortina Documents: Updated: 3/1/2013 by Georgeann"Gigi"Hanna 2282 reso 2282 (PDF) CContract with County re Nicholson.2013 (PDF) C C Updated:3/l/2013 by Georgeann"Gig?Hanna I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE STANDARD FACILITY LEASE 4 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, FOR THE SECOND OF FIVE ONE-YEAR OPTIONS TO OPERATE A FAMILY 5 RESOURCE CENTER AT NICHOLSON COMMUNITY CENTER. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 7 OF SAN BERNARDINO AS FOLLOWS: v 8 SECTION 1. That the City Manager is hereby authorized to execute a revised Leas 9 E Agreement with the County of San Bernardino for the lease of the Nicholson Community Cente 10 to be used in part as a Family Resource Center, a copy of which is attached hereto, marked O ll 0 U 12 Exhibit"1"and incorporated herein by reference as fully as though set forth at length; and z M 13 SECTION 2. That the Director of Finance is hereby authorized to amend the Fiscal r v 14 v Year 2012-2013 General Fund budget and increase the expense allocation for the Park 15 ' Department line item budget; and. �°� 16 17 SECTION 3. That the authorization granted hereunder shall expire and be void and o LL 18 no further effect if the agreement is not executed by both parties and returned to the office of the N N 19 City Clerk within ninety(90)days following the effective date of the resolution. N CO 20 O 21 m 22 C d 23 m 24 25 26 27 ® 28 Packet Pg. 155 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O 3 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE STANDARD FACILITY LEASE AGREEMENT WITH THE 4 COUNTY OF SAN BERNARDINO, FOR THE SECOND OF FIVE ONE-YEAR 5 OPTIONS TO OPERATE A FAMILY RESOURCE CENTER AT NICHOLSO COMMUNITY CENTER. 6 i m 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayo 8 and Common Council of the City of San Bernardino at a Meeting, L 9 thereof, held on the day of 2013, by the following vote tc E wit: U 10 G COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT N 11 0 12 MARQUEZ Z is 13 JENKINS v G v 14 VALDIVIA 15 SHORETT 0 0 N d 16 � KELLEY 17 E M 1s JOHNSON `` N W t9 MCCAMMACK N 20 N O 21 Georgeann Hanna, City Clerk 22 v The foregoing resolution is hereby approved this day of 2013. 23 v m 24 a 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 JAME PENMAN, City Attorney © 28 By: Packet Pg. 156 FOR COUNTY USE ONLY New FAS Vendor Code Dept. Contract Number f`iie[y"'o Change CITYOFF772 tssc RNT A 10-1041 A-2 04 Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. y Real Estate Services RNT RNT m County Department Contract Representative Telephone Total Contract Amount U County of San Bernardino David H.Slaughter, Director (909)387-5252 $161,460.00 FAS Contract Type E EI E Revenue Encumbered Unencumbered Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: IJ SECOND AMENDMENT r_ Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount O N 96164 12/1/2012 11/30/2013 $112,308.00 $49,152.00 r Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 8525 59002833 $ ? M Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ C N Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount U $ v Project Name Estimated Payment Total by Fiscal Year San Bernardino-PSD- FY Amount I/D FY Amount I/D vi 2750 W.2" Street- _ City of San Bernardino Parks _ _1 and Recreation Department E R LL THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter calle, N the County, and N Name City of San Bernardino hereinafter called LANDLORD Address ° N 201 North "E" Street, Suite 301 c v, San Bernardino, CA. 92401 C t Telephone Federal ID No.or Social Security No. _V (909) 384- 5030 Z m IT IS HEREBY AGREED AS FOLLOWS: 0 WHEREAS, the COUNTY and LANDLORD have previously entered into a Lease Agreement, Contract INC U 10-1041, Dated November 16, 2010, wherein LANDLORD agreed to lease certain real property to COUNTY; and, 3 WHEREAS, the COUNTY and LANDLORD, now desire to amend the Lease Agreement, Contract No. 1C 1041, dated November 16, 2010, to reflect the COUNTY's use of the second of five (5) one-year options to extern c the term from December 1, 2012 through November 30, 2013. ° U NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree th Lease Agreement, Contract No. 10-1041 is amended as follows: E v m 1. EXTEND the term of the Lease set forth in Paragraph 3, TERM, as provided in Paragraph E a OPTION TO EXTEND TERM, from December 1, 2012 through November 30, 2013. Auditor-Controller/Treasurer Tax Collector Use Onl ❑Contract Database ❑FAS Input Date Keyed By Pace 1 of 2 Packet Pg:"157 5.G.b 2. EFFECTIVE December 1, 2012, CHANGE that portion of Paragraph 4, RENT, which now readE "...thru November 30, 2012- monthly payment of $4,584.00." to read: "...thru November 30, 2013 — monthl payment of$4,096.00." ar Y 3. All other provisions and terms of the Lease Agreement, Contract No. 10-1041, as previousl w amended shall remain the same and are hereby incorporated by reference. v c END OF SECOND AMENDMENT E E 0 U # # # # # * C O N O s v # # # # # # Z m d Y m U d U # # # # # # 0 O N d T # # # # # # 10 LL N # # # # # # CO COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO M r ► By ► N C Janice Rutherford, Chair, Board of Supervisors 0 0 Dated: Name Allen J. Parker t U_ 2 SIGNED AND CERTIFIED THAT A COPY OF THIS d DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager CHAIRMAN OF THE BOARD Laura H.Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino Approved as to Form: .3 By By Deputy City Attorney 0 Address: 201 North "E" Street ci Y San Bernardino CA. 92401 E Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature Y Y Alan Green,Deputy County Counsel Department Head Date Date Date Revised 1/8/13 ' p8 st. 9. 158