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HomeMy WebLinkAboutContracts & Agreements_135-2000FOR County USE ONLY County of San Bernardino FAS CONTRACT TRANSMITTAL E M X X New Change Cancel Vendor Code SC Dept. ((,....7...„))p County Department Dept. Orgn. Real Estate Services Contractor's Licens o. County Department Contract Representative Ph. Ext. JOHN YUHAS, Real Property Manager 7-7830 Amount of Contract Fund AAA Dept. RNT Organization RNT 1_ Appr. 200 Obj/Rev Source 2905 t Activity GRC/PROJ/JOB Number N31596 Commodity Code Estimated Payment Total by Fiscal Year FY Amount VD FY Amount I/D Project Name Redlands - Public Health - WIC CONTRACTOR CITY OF REDLANDS, a municipal corporation Birth Date Federal ID No. or Social Security No. Contractor's Representative DENNY SATTLER Address P.O. Box 3005, REDLANDS, CA 92373 Nature of Contract: (Briefly describe the general terms of the contract) Phone (909) 798-7572 This facility use agreement contract is for a period of three years with three (3) one-year options to extend. The facility use agreement premises consist of the use of a multi -purpose room and small classroom. Rent is $247.00 per month. The City of Redlands shall provide all interior and exterior maintenance to include grounds, roof, wall, foundation, plumbing, parking lot maintenance and exterior lighting. The City will pay water, trash, repair, janitorial, fire alarm service, sewer, electricity and gas. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Approved as to Legal Form I► SEE SIGNAGURE PAGE County Counsel Date Reviewed as to Affirmative Action 1• Date Reviewed for Processing Agency Administrator/CAO Date FACILITY USE AGREEMENT Preamble This Facility Use Agreement is made and entered into this 5th day December 2000, by and between the City of Redlands, a Municipal Corporation, ("Landlord"), and San Bernardino County ("Tenant"). - Landlord, for and in consideration of the rent to be paid by Tenant and of the covenants and provisions to be kept and performed by Tenant under this Facility Use Agreement, hereby Facility Use Agreement to Tenant, and Tenant agrees to Facility Use Agreement from Landlord, the following: the multi -purpose room and small class room, consisting of approximately 2,450 square feet, located at 111 West Lugonia Avenue, Redlands, California ("the Premises"). ARTICLE 1. TERM OF FACILITY USE AGREEMENT Section 1.01. This Facility Use Agreement shall be for a term of three (3) years, upon commencement, with three (3) one-year options to extend, unless terminated by either Landlord or Tenant by providing written notice of such termination to the other ninety (90) days prior to the date of the end of the term. ARTICLE 2. RENT Section 2.01. Tenant shall pay to Landlord a fixed rental for the use and occupancy of the Premises (the "Rent"). The amount of Rent payable for each month during the Term (including option) shall be $247.00. The Rent shall be paid monthly, commencing upon execution of this Facility Use Agreement through the three (3) year term. Landlord shall submit to Tenant a written invoice identifying Tenant's specific dates of use, and the Rent. Rent for the optional term shall be paid in the same manner. Rent for partial calendar months occurring at the commencement and termination of the term of this Facility Use Agreement shall be prorated 1 accordingly. Upon termination or cancellation of this Facility Use Agreement by either party, the unused portion of rent shall be reimbursed to Tenant. ARTICLE 3. USE OF PREMISES Permitted Use Section 3.01. During the term of this Facility Use Agreement the Premises shall be used for the exclusive purpose of operating and conducting the San Bernardino County's Department of Public Health, WIC (Women -Infant -Children) programs, for uses normally incident to that purpose, and for no other purpose. Tenant shall not use or permit the Premises to be used for any other purpose without prior written consent to Landlord. Operation of Business Section 3.02. During the term of this Facility Use Agreement, Tenant shall, unless prevented by conditions beyond Tenant's control, conduct business of the type and nature specified in Section 3.01 of this Facility Use Agreement on the Premises in a diligent and business like manner. The Premises shall be used the first, second, third and fourth Wednesday and Thursday of every month, from 7:30 a.m. to 4:30 p.m. In the event that scheduling modifications are necessary, Tenant shall make a forty-five (45) day advance schedule change request to Landlord indicating the proposed modification. Landlord shall respond to such requests within two (2) weeks of receipt. Landlord shall allow Tenant to have data cabling and electrical outlets installed on the Premises. Tenant shall bear all costs attendant to this installation. In addition, Landlord shall allow Tenant to install a locking cabinet in the Electrical Room for storage of controller and modem. Tenant shall have unrestricted access to this cabinet. Landlord shall allow Tenant to place a freestanding storage unit outdoors, between the Multi -purpose room and senior center. 2 Tenant shall assume full responsibility for personal property and shall hold Landlord harmless for any theft, damage and/or other incidents relating to Tenant's personal property. Insurance Hazards Section 3.03. Tenant shall not commit or permit the commission of any acts on the Premises, nor use or permit the use of the Premises, in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. Tenant shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises. Waste or Nuisance Section 3.04. Tenant shall not commit or permit the commission by others of any waste on the Premises. Tenant shall not maintain, commit or permit the maintenance of commission of any nuisance on the Premises, and Tenant shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 3.05. Tenant shall, at Tenant's sole coast and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to Tenant's use and occupancy of the Premises for Tenant's operation of business as stated in Section 3.02 whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgement of any court of competent jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this Facility Use Agreement by Landlord. 3 ARTICLE 4. TAXES AND UTILITIES Utilities Section 4.01. Landlord shall pay, and hold Tenant free and haiiiiless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities to the Premises during the term of this Facility Use Agreement. Telephone usage will be such that all calls to WIC staff shall be limited frequency and of an urgent nature. Outgoing calls made by the on site WIC staff shall be made by pay telephone. Computers Section 4.02. Tenant shall pay, and hold Landlord free and harmless from, all changes for using and maintaining WIC computers and ancillary computer equipment. ARTICLE 5. INDEMNITY AND INSURANCE Section 5.01. Tenant is a self -insured public entity. The County of San Bernardino shall defend, indemnify and hold harmless Landlord, its elected officials, officers, employees, agents and volunteers from any and all liabilities for injury to persons and damage to property arising out of any negligent act or omission of the County, its officers, employees, agents or volunteers in connection with the WIC program. Landlord is a self -insured public entity. The City of Redlands shall defend, indemnify and hold harmless the County of San Bernardino, its officers, employees, agents and volunteers from any and all liabilities for injury to persons and damages to property arising out of any negligent act or omission of the City, its officers, employees, agents or volunteers in connection with the WIC program. 4 ARTICLE 6. MISCELLANEOUS Restriction Against Subletting or Assignment Section 6.01. Tenant shall not encumber, assign, or otherwise transfer this Leas, any right or interest in this Facility Use Agreement, or any right or interest in the Premises or any improvements that may now or hereafter be constructed or installed on the Premises without first obtaining the express written consent of Landlord. Tenant shall not sublet the Premises or any part of the Premises or allow any other person, other than Tenant's agents, servants and employees, to occupy the Premises or any part of the Premises without the prior written consent of Landlord. The consent by Landlord to one assignment, on subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Landlord, whether voluntary or involuntary, by operation of law or otherwise, is void and shall at the option of Landlord results in the immediate termination of this Facility Use Agreement. The consent of Landlord to any assignments of Tenant's interest in this Facility Use Agreement or the subletting by Tenant of the Premises or parts of the Premises shall not be reasonably withheld. Notices Section 6.02. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Facility Use Agreement or by law to be served on or given to either party to this Facility Use Agreement by the other party to this Facility Use Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first-class postage pre -paid, addressed to Tenant at County of 5 San Bernardino, Real Estate Services, 825 East Third street, Room 207, San Bernardino, CA 92415-0832 or to Landlord at 111 West Lugonia Avenue, P. O. Box 3005, Redlands, CA 92373. Either party, Tenant or Landlord, may change its address for the purpose of this section by giving written notice of that change to the other party in the manner provided in this section. Entire Agreement Section 6.03 This Facility Use Agreement constitutes the entire agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and the Facility Use Agreement term created under this Facility Use Agreement, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the Premises or their leasing by Landlord to Tenant not expressly set forth in this Facility Use Agreement are null and void. Attorney's Fee Section 6.04. In the event any action is commenced to enforce or interpret the terms of conditions of this Facility Use Agreement, the prevailing party shall, in addition to any costs and other relief be entitled to the recovery of its reasonable attorney's fees. 6 Time of Essence Section 6.05. Time is expressly declared to be of the essence in this Facility Use Agreement. Executed on Dec. 5, 2000 , at Redlands, California COUNTY OF SAN BERNARDINO Jon D. Mikels, Chairman, Board of Supervisors Dated SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of the County of San Bernardino. By Deputy Approved as to Legal Form: ALAN K. MARKS, County Counsel B Dated: G / / t2 CITY OF REDLANDS Mayor Pat Gilbreath. ATTEST: By Cit Clerk (/(jLorrie Poyzer Dated December 5, 2000 Title City of Redlands Address P. O. Box 3005 Redlands, CA 92373 7 Resolution No. 5822 - DBE Program - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5822, a resolution of the City of Redlands establishing a Disadvantaged Business Enterprise (DBE) Program, appointing a DBE liaison officers, and establishing DBE goals for the period October 1, 2000, through September 30, 2001. State and federal agencies require this program prior to performing street construction of transportation related projects using federal and/or state highway monies. Agreement - WIC Program - On motion of Councilmember Peppler, seconded by Councilmember Freedman, the City Council unanimously approved an amended Community Center facility use agreement with San Bernardino County. Women -Infant -Children (WIC) program and authorized the Mayor and City Clerk to execute the agreement on behalf of the City, with the understanding Police Chief Bueermann will explore a possible relocation of this program to the Healthy Families Center. Agreement - Boys and Girls Club of Redlands - Councilmember George asked for an update on the status of a permanent home for the Boys and Girls Club of Redlands. Public Works Director Mutter reported staff is working with them, but that their directors need to make some decisions before proceeding Councilmember George moved to approve a Community Center facility use agreement with the Boys and Girls Club of Redlands and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Motion seconded by Councilmember Haws and carried unanimously. Agreement - Junior All American Football - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a rental agreement with Junior All American Football for use of Community Park fields and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Settlement Agreement - Osborn - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a settlement and release agreement with Mark and Karen Osborn, San Bernardino Superior Court Case No. SCVSS 61552, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Funds - AB 2766 Subvention Funds - Website - Councilmember George explained the City has been awarded grant funding for the acquisition and implementation of an alternative fuel trolley system for downtown Redlands. However, the grant funding does not provide for the ongoing operation of the project. Fortunately, the project does meet the criteria to be funded with AB 2766 subvention allocations. These annual allocations, which must be used to reduce pollution, are currently used by the City to fund the rideshare program December 5, 2000 Page 2