REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 9, 2022
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Use Permit Agreement with the American Cancer Society, Inc., for Use of Land at the Sheriff’s Regional Training Center in San Bernardino
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RECOMMENDATION(S)
Recommendation
1. Approve a no fee four-day Use Permit agreement with the American Cancer Society, Inc., for the period of October 28, 2022 through October 31, 2022, for the use of approximately 5.73 acres of San Bernardino County-owned land for the Construction vs. Cancer Event, incorporating static displays and operational demonstrations of heavy construction equipment, a static display of Sheriff’s equipment, a children’s activity area, vendor and sponsor display areas, and parking areas at the San Bernardino County-owned Sheriff’s Regional Training Center in the Glen Helen area of San Bernardino.
2. Authorize the waiver of reimbursement charges set forth in County Policy 12-06 for the event in Recommendation No. 1 for the period of October 28, 2022 through October 31, 2022.
(Presenter: Terry W. Thompson, Director, 387-5000)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). There is no revenue to be received by San Bernardino County (County) for the use of approximately 5.73 acres of land at the Sheriff’s Regional Training Center (SRTC) for this four-day Use Permit agreement. The American Cancer Society, Inc. (ACS) is responsible for all costs for the Construction vs. Cancer Event (Event). ACS will provide a display area to the County, at no cost, for the static display of Sheriff/Coroner/Public Administrator (Sheriff) equipment at the Event. The cost to set up the display of the Sheriff’s equipment is minimal and will be paid from the Sheriff’s 2022-23 Budget (4431121000).
BACKGROUND INFORMATION
The recommended action will approve a new, four-day Use Permit agreement with ACS for the period of October 28, 2022 through October 31, 2022, for the non-exclusive use of approximately 5.73 acres of land at the County-owned SRTC located at 18958 Institution Road in the Glen Helen area of San Bernardino. The event includes static displays of heavy construction equipment, demonstrations of a large crane operated solely by licensed operators, demonstrations of small excavators and scissor lifts operated by licensed operators in conjunction with Event attendees, vendor and sponsor display areas, static display area of Sheriff equipment, such as a helicopter and a specialized rescue vehicle, children’s activity area, and parking areas.
ACS has staged two previous Events at the SRTC to provide public awareness of ACS programs and advertising opportunities for those sponsors of ACS to display their services to event attendees. On December 18, 2018, the Board of Supervisors (Board) approved three-day Use Permit Agreement No. S19-027 with ACS, for the period of January 11, 2019 through January 13, 2019, for the use of approximately 7.4 acres of County-owned land at the SRTC for the 2019 Event. On February 11, 2020, the Board approved three-day Use Permit No 20-88, for the period of March 6, 2020 through March 8, 2020, with ACS for the use of approximately 9.8 acres of County-owned land at the SRTC for the 2020 Event.
The Sheriff requested the Real Estate Services Department (RESD) prepare a Use Permit agreement to provide for the use of approximately 5.73 acres of land, comprising of various unpaved and paved parking areas (Use Area) of the SRTC by ACS for the 2022 Event. The agreement provides static displays and operational demonstrations of heavy construction equipment presently located on the SRTC and owned and operated by the Operating Engineers Funds, Inc. (OE). OE occupies approximately 38.01 acres of County-owned land at the SRTC and provides in-kind construction services to the County under the provisions of Lease Agreement No. 03-390, which was last approved by the Board on November 5, 2019 (Item No. 29).
ACS will utilize volunteer, licensed operators from OE to perform demonstrations of large equipment, small excavators, and scissor lifts to be operated by licensed operators in conjunction with Event attendees. The Use Permit agreement requires ACS to indemnify the County for the Event and to provide an increased general liability insurance limit as requested by Risk Management. In addition, all attendees who desire to participate in the operation of the small excavators and scissor lifts will be required to execute a release and waiver of liability for high-risk activity that releases ACS and the County from liability for any injury to persons or damage to property resulting from attendee’s participation in these demonstrations. ACS also plans to have a children’s activity area, vendor and sponsor display areas, and parking areas. ACS is responsible for all costs associated with the Event including clean-up and restoration of the Use Area at the conclusion of the Event.
The Use Permit agreement also provides for automatic cancellation of the permit if local, state, or federal laws and regulations governing COVID-19 do not permit the Event to be held during the period of use or any portion of the period of use. ACS shall be solely responsible for establishing and implementing health and safety protocols during the Event in response to COVID-19, including cleaning, sanitation, and disinfection procedures, prevention measures, and screening of its employees, contractors, agents, and volunteers in compliance with all current laws and guidance.
County Policy No. 12-06 - Use of County Facilities by Non-County Organizations (Policy 12-06) requires that reimbursement charges be paid by non-County organizations for the use of County-owned or County-leased premises to cover expenses incurred by the County over and above normal operating expenses. Policy 12-06 also provides that requests to waive these charges may only be approved by the Board. Given that the Event provides a benefit to the community of San Bernardino County and that RESD and Sheriff anticipate minimal County operational costs will be incurred for this use, RESD and Sheriff request that the Board waive any reimbursement or use fees and approve a no-fee Use Permit agreement for ACS for the Event for the period of October 28, 2022 through October 31, 2022.
Staff has reviewed the recommended action pursuant to the California Environmental Quality Act (CEQA) and has determined that it does not constitute a project. Accordingly, no further action is required under CEQA.
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Summary of Use Permit Terms |
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Permitee: |
American Cancer Society, Inc. (Julie Pizzitola, Senior Development Manager) |
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Location: |
The Sheriff’s Regional Training Center (SRTC), Glen Helen area of San Bernardino |
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Size: |
Approximately 5.73 acres of land |
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Term: |
Four days, commencing October 28, 2022 through October 31, 2022 |
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Use Fee: |
None; a display area for Sheriff’s equipment will be provided |
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Improvement Costs: |
None |
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Utilities: |
None |
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Insurance: |
The Certificate of Liability Insurance, as required by the use permit, is on file with RESD |
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Right to Terminate: |
Either party may terminate with one-day written notice for default; the permit will be automatically cancelled if local, state, or federal laws and regulations governing COVID-19 do not permit the event to be held during any day of the use period. |
PROCUREMENT
The Use Permit was procured pursuant to San Bernardino County Code of Ordinances Section 18.0103 given that the duration does not exceed five years, the monthly rental does not exceed five thousand dollars ($5,000), and the Use Permit agreement is not renewable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, and Rick Luczak, Deputy County Counsel, 387-5455) on June 6, 2022; Sheriff (Jose Torres, Administrative Manager, 387-3648) on May 25, 2022; Purchasing Department (Bruce Cole, Supervising Buyer, 387-2148) on May 10, 2022; Finance (Tom Forster, Administrative Analyst, 387-4635, and Carl Lofton, Administrative Analyst, 387-5404) on July 18, 2022; and County Finance and Administration (Diana Atkeson, Deputy Executive Officer, 387-4376) on July 18, 2022.
(KB: 677-7961)