REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 4, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator, Sheriff’s Department
SUBJECT
Title
Intergovernmental Agreement with the Arizona State Parks Board for Office Space and Boat Dock Space in Lake Havasu City
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of an Intergovernmental Agreement with the Arizona State Parks Board for office space and boat dock space, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve Intergovernmental Agreement with the Arizona State Parks Board, for three Tier I reserved boat slips and three Tier II reserved boat slips, 512 square feet of dedicated office space and storage space, located within the Lake Havasu State Park Water Safety and Information Center in Lake Havasu City, for an initial period of three years and eight months, from May 1, 2025 through December 31, 2028, in the amount of $55,000, plus four additional three-year options to extend, including a permitted month-to-month holdover period from February 1, 2020, through April 30, 2025, at a cost of $14,415, for a new total contract amount of $69,415.
3. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
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 require Discretionary General Funding (Net County Cost). The total cost for the three-year, eight-month period is $69,415, which includes a permitted month-to-month holdover period amount of $14,415. The Sheriff/Coroner/Public Administrator's (Sheriff) annual cost is $15,000 and quarterly payments of $3,750 will be made from the Sheriff's budget (4430001000). Sufficient appropriation is included in the 2025-26 Sheriff's budget and will be included in future recommended budgets. Annual costs are as follows:
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Year |
Lease Cost |
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*February 1, 2020 - April 30, 2025 |
$14,415 |
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**May 1, 2025 - June 30, 2025 |
$2,500 |
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July 1, 2025 - June 30, 2026 |
$15,000 |
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July 1, 2026 - June 30, 2027 |
$15,000 |
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July 1, 2027 - June 30, 2028 |
$15,000 |
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July 1, 2028 - December 31, 2028 |
$7,500 |
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Total Cost |
$69,415 |
*Holdover Period
**Two months of the quarter fees are due
BACKGROUND INFORMATION
This item requests Board of Supervisors (Board) approval of a new Intergovernmental Agreement (Agreement) with the Arizona State Parks Board (ASPB) for the continued use of office space and boat dock space located at the Lake Havasu State Park Water Safety and Information Center in Lake Havasu City, Arizona. The Agreement has an initial term of three years and eight months, from May 1, 2025, through December 31, 2028, and includes four additional three-year extension options.
On April 5, 2011 (Item No. 57), the Board approved Intergovernmental Agreement No. 11-192 with ASPB for two boat slips and three dry storage spaces at the same location. The agreement commenced on April 1, 2011, was amended once, and expired on February 1, 2020. Continued occupancy was necessary to maintain Sheriff’s operations. However, execution of a new agreement was delayed due to staffing changes within Arizona State Parks and impacts from the COVID-19 pandemic. As a result of these delays, the ASPB determined that a new agreement should be drafted to formally define the Sheriff’s use of the office space and boat dock space.
The Sheriff's Marine Enforcement Unit (Unit), based at the Colorado River Station, is responsible for patrolling 90 miles of County waterway, which attracts approximately 17 million visitors annually. The Unit enforces boating regulations, assists distressed boaters, and conducts search and rescue/recovery operations.
At the Sheriff's request, the Real Estate Services Department (RESD) negotiated the terms of a new intergovernmental agreement with ASPB to support continued operations. The Agreement outlines the responsibilities of both parties related to the use of the facilities. The quarterly costs of $3,750 cover utilities, trash service, janitorial, landscaping, and routine maintenance and repair. RESD confirmed that the annual cost is consistent with comparable facilities and services in the surrounding Arizona and California areas.
This Agreement includes terms that differ from the standard County contract. The non-standard terms include the following:
1. The Agreement will be governed and interpreted by the laws of the State of Arizona.
• The County’s standard contract is governed by the law of the State of California, and venue is in San Bernardino County.
• Potential Impact: The Agreement will be interpreted under Arizona law. Any questions, issues or claims arising under this contract will require the County to hire outside counsel competent to advise on Arizona law, which may result in fees that exceed the total contract amount. Having a venue in Arizona may result in additional expenses that exceed the amount of the contract.
2. The Agreement requires disputes to be resolved by arbitration.
• The County’s standard contract does not require arbitration but may include non-binding arbitration as a form of dispute resolution.
• Potential Impact: The contract may require binding arbitration for all disputes between the parties. Disputes that might otherwise be settled in small claims or limited civil court would incur arbitration costs that could exceed the costs of a small claims or limited civil action. Arbitration decisions are not appealable.
County staff recommends the approval of this Agreement, including non-standard terms, for the continued use of office space and boat dock space located at the Lake Havasu State Park Water Safety and Information Center in Lake Havasu City, Arizona because it best fits the current needs of the Sheriff and serves a public safety need.
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 Terms |
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Lessor: |
Arizona State Parks Board Eleda Greenfield, Chief Contract Officer |
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Location: |
Lake Havasu Water Safety Center 1801 Highway 95, Lake Havasu City, AZ 86403 |
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Size: |
512 square feet of office space six boat docks (three Tier I docks and three Tier II docks) |
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Term: |
May 1, 2025, through December 31, 2028 |
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Options: |
Four three-year extension periods |
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Rent: |
Quarterly: $3,750 |
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Annual: $15,000 |
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* Mid-range for comparable facilities in the Lake Havasu area per the competitive set analysis on file with RESD |
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Annual Increases: |
None; however, the annual cost in subsequent years may be adjusted based on previous year’s actual costs and usage by the Sheriff |
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Improvement Costs: |
None |
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Custodial: |
Provided by County |
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Maintenance: |
Provided by Lessor |
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Utilities: |
Provided by Lessor |
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Insurance: |
Both parties are self-insured public entities |
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Holdover: |
None |
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Right to Terminate: |
Either party has the right to terminate with 60-days’ notice |
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Parking: |
Sufficient for County needs |
PROCUREMENT
County Policy 12-02 shall not apply to leases of real property owned by a federal agency, the State, a city, a county, a school district, special district, or other public entity. The Board shall, as required by law, approve all such leases.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II and Grace Parsons, Deputies County Counsel, 387-5455) on October 24, 2025; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on August 21, 2025; Sheriff (Jose Torres, Administrative Manager, 387-3648) on October 8, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 8, 2025; and County Finance and Administration (Erika Rodarte, 387-4919, and Eduardo Mora, 387-4376, Administrative Analysts) on October 15, 2025.
(BR: 531-2674)