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HomeMy WebLinkAbout32-Parks & Recreation ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL Dept: Parks, Recreation& Community AUTHORIZING THE MAYOR TO Services Department EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Date: December 11, 2006 THE PUBLIC SAFETY ACADEMY FOR USE OF THE NORTON RECREATION CENTER GYMNASIUM FOR THE PERIOD OF JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN JANUARY 1, 2007 AND THE APPROVAL OF THE RESOLUTION. MICC Meeting Date: January 22, 2007 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. Sign ure Contact person: Curtis Bown Phone: 5130 Supporting data attached: Staff Report-Reso.&Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) II (Acct. Description) Finance: Council Notes: U/OU�.�y �r�.-� x`02/ / zz O'7 -7j Agenda Item No. CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION Staff Report i Subject: Resolution of the Mayor and Common Council authorizing the Mayor to execute an agreement between the City of San Bernardino and the Public Safety Academy for use of the Norton Recreation Center Gymnasium for the period of January 1, 2007 through December 31, 2007 and ratifying all action taken between January 1, 2007 and the approval of the resolution. Background: The Parks, Recreation and Community Services Department is proposing to enter into an agreement with the Public Safety Academy for use of the Norton Recreation Center Gymnasium during inclement weather. The Public Safety Academy is a San Bernardino City Schools Public Charter School, founded in the year 2000. 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. Their campus is located at the San Bernardino International Airport. The Academy's proximity to the Norton Recreation Center Gymnasium makes it an ideal location in which to foster the physical education portion of the Academy's curriculum. The agreement includes the Academy's use of the Center's gym, lobby, restrooms, and foyer area, Monday through Friday from 8:30 a.m. to 11:00 a.m. In return for use of the Gymnasium, the group will provide regular maintenance of the interior and grounds of the Norton Recreation Center. Financial Impact: None. Recommendation: Adopt Resolution. 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN 'I BERNARDINO AND THE PUBLIC SAFETY ACADEMY FOR USE OF THE 4 NORTON RECREATION CENTER GYMNASIUM FOR THE PERIOD OF JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN JANUARY 1, 2007 AND THE APPROVAL OF THE RESOLUTION. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 3 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute an 9 i agreement with the Public Safety Academy for use of the Norton Recreation Center Gymnasium, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein i by reference as fully as though set forth at length. SECTION 2: The term of this agreement is January 1, 2007 through December 31, 2007 with the option of a one-time, one-year renewal; therefore, any action taken between 5 January 1, 2007 and the date that this Resolution is executed is hereby ratified. 16 SECTION 3. The authorization granted hereunder shall expire and be void and of no 17 further effect if the agreement is not executed by both parties and returned to the office of the 18 City Clerk within sixty(60) days following the effective date of the resolution. �l 20 21 2,2 av HI 24 HI 20 26 28 I 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING 2 THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PUBLIC SAFETY ACADEMY FOR USE OF THE 3 NORTON RECREATION CENTER GYMNASIUM FOR THE PERIOD OF JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN JANUARY 1, 2007 AND THE APPROVAL OF THE RESOLUTION. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Iand Common Council of the City of San Bernardino at a meeting thereof, held ?' r on the day of , 2007, by the following vote, to wit: r; Council Members: AYES NAYS ABSTAIN ABSENT 10 { ESTRADA 11 BAXTER 12 BRINKER DERRY 14 KELLEY ib JOHNSON 1� MC CAMMACK I 1� i I 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 2007. I 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 26 , James F. Penman, City Attorney 27 V 28 i I1 EXHIBIT "A" CONTRACTUAL AGREEMENT WHEREAS, the City of San Bernardino (herein referred to as the "CITY") and the Public Safety Academy (herein referred to as the "PSA") desire to enter into a contractual agreement for the PSA's use of a portion of the real property located at 1554 E. Art Townsend Drive, Building 182, San Bernardino, California ("Premises") for physical education instruction of its students during inclement weather. NOW, THEREFORE, the parties agree as follows: 1. PREMISES: CITY hereby grants to the PSA the lease rights, hereinafter specified, to be exercised within the Premises, consisting of those portions of the building, Building No. 182, commonly referred to as the Norton Gym, including the following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feet. Attached hereto and incorporated herein as Exhibit A, labeled "Premises" depict the lease areas and the facilities and equipment therein. 2. TERM. The term of this agreement shall be for a period of ONE year, commencing January 1, 2007, and end on December 31, 2007, with a ONE year option to renew the contractual agreement with written mutual agreement of both the CITY and the PSA. 3. RENT: In lieu of monetary compensation for the use of facilities, the PSA will provide five (5) volunteer hours of service per week for 36 weeks annually to the Norton Recreation Center interior and exterior irregardless of days of use due to inclement weather with a total of up to 99 participating students in the Physical Education Program. See "9. MAINTENANCE". 4. RETURN OF PREMISES: The 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: The Norton Gymnasium (10,639 square feet) will be used as follows: The PSA will have rights to use of the gymnasium (9,072 sq. ft.; lobby area = 848 sq. ft.; foyer area = 293 sq. ft.; and men's/women's restrooms = 426 sq. ft.) thus totaling 10,639 square feet. The PSA will have usage of these facilities Monday through Friday from 8:15 a.m. to 9:15 a.m. only during inclement weather, with the exception of City observed holidays. 7. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: CITY will insure the Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. The PSA shall provide and maintain for City a direct single source contact for facility concerns pertaining to health, safety and fire requirements and maintain a single, up-to-date contact at all times. 8. SIGNS. The PSA will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. 9. MAINTENANCE: a. CITY at its cost shall maintain in good condition all portions of the Premises, including but not limited to the following: Page t of 6 (1) The structural parts of the building and other improvements that are a part of the Premises, which include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises; (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; (4) Air conditioning, heating, and ventilation systems servicing the Premises; (5) Outside security and parking lighting, major irrigation repairs, tennis court nets and windscreens; (6) CITY at its cost shall repair the Premises if they are damaged by causes over which the PSA has no control or by acts or omissions of CITY or its authorized representatives. b. The PSA, at its cost, shall provide volunteer services to the Norton Recreation Center to include, but not be limited to: (1) Interior (A) Paint over graffiti as required; (B) Vacuum carpet and rugs; (C) Dust mop and clean floors; (D) Empty trash containers; (E) Clean windows and walls; I (F) Clean exercise equipment and move equipment as needed. (2) Exterior gill (A) Remove trash and leaves on a daily basis; (B) Paint over graffiti as required; (C) Remove weeds once-a-week as needed; (D) Empty exterior trash containers into large 3-yard bins as needed. These items will be done on a set schedule at a minimum once per week. The PSA agrees to provide the CITY with a monthly maintenance schedule in writing by the 1St working day of each month for said month (ex: Monday, January 3, 2007 for month of January 2007). C. Personal property shall be maintained by the PSA in the same condition as it was upon commencement of this agreement, reasonable wear and tear excluded. Page 2 of 6 The PSA and CITY agree to inspect and indicate the condition of personal property, if any, upon commencement of this agreement. d. The PSA will make repairs if damages are by (a) causes over which the PSA has control; (b) acts or omissions of the PSA, or its authorized representatives; (c) direct result of the PSA'S use. All such repairs must meet with the approval of CITY representative. 10. ALTERATIONS: The 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 termination of the agreement. 11. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. 12. HOLD HARMLESS: a. The 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 incurred by the CITY on account of any claim therefore except where such indemnification is prohibited by law. b. CITY agrees to indemnify, defend (with counsel approved by the PSA) and hold harmless the 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 the PSA on account of any claim therefore except where such indemnification is prohibited by law. 13. INSURANCE: CITY and the 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 certificate of self-insurance to the other. The CITY and the PSA accept such self-insurance as satisfying the premises liability insurance and workers' compensation requirements under the contract. 14. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such default has been given by the PSA to CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety- (90) day period and diligently and in good faith continues to cure the default. 15. The PSA'S REMEDIES ON CITY'S DEFAULT: The PSA, at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. If the PSA at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by the PSA shall be due from CITY to the PSA within five (5) days of notice of such sum (including charges for the PSA's employees and equipment), and if paid at a later date shall bear interest at the maximum rate the PSA is permitted by law to charge from the date the sum is paid by the PSA until the PSA is reimbursed by CITY. 16. The PSA'S DEFAULT: The occurrence of any one or more of the following events shall continue a default and breach of this agreement by the PSA: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by the PSA. Page 3 of 6 b. The failure by the PSA to perform any material provisions of this agreement to be performed by the PSA where such failure shall continue for a period of thirty (30) days after notice by CITY to the PSA; provided, however, that if the nature of the PSA's default is such that more than thirty (30) days are reasonably required for its cure, then the PSA shall not be deemed to be in default if the PSA commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 17. CITY'S REMEDIES ON THE PSA'S DEFAULT: In the event of any material default by the PSA which is not cured by the PSA, CITY may, at its election, terminate this agreement by giving the 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 the PSA only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by the PSA's default which CITY proves could not have been reasonably avoided. 18. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. 19. NOTICES a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) PSA working days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bernardino ATTN: Lemuel P. Randolph, Director Parks, Rec. &Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 PSA's address: Public Safety Academy ATTN: Michael Dickinson 165 South Leland Norton Way San Bernardino, CA 92408 20. 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. 21. 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. 22. AMENDMENTS: No provision of this agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. Page 4 of 6 23. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 24. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 25. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 26. QUIET ENJOYMENT: Subject to the provisions of this agreement and conditioned upon performance of all the provisions to be performed by the PSA hereunder, CITY shall secure to the PSA during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 27. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 28. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold such consent or approval. 29. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by reference. 30. LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 31. VENUE: The parties acknowledge and agree that this agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this agreement will be in San Bernardino County. Each party hereby waives any law or rule of court, which would allow them to request or demand a change of venue. If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District of San Bernardino County. 32. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorney's fees. This paragraph shall not apply to those costs and attorney's fees directly arising from any third party legal action against a party hereto and payable under Paragraph 12, "HOLD HARMLESS". 33. RIGHT TO TERMINATE: The PSA or CITY shall have the right to terminate this agreement at any time. The 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 will be required to compensate the other entity except for that which is included in Paragraph 12, "UTILITIES". 34. CAPTIONS, TABLE of CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 35. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the termination of this lease. 36. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. END OF AGREEMENT TERMS. Page 5 of 6 PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO Chief Executive Officer By: Dated: Title: Mayor Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED Attest: TO THE CHIEF EXECUTIVE OFFICER. By: Title: City Clerk Dated: Approved As To Form: James F. Penman, City Attorney Page 6 of 6