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HomeMy WebLinkAboutContracts & Agreements_74-2001REAL ESTATE SERVICES DIVISION 825 East Third Street • San Bernardino, CA 92415-0832 • Fax (909) 387-7833 Administration (909) 387-7813 Property Management (909) 387-7832/7825 Right -of -Way (909) 387-7829/7843 July 23, 2001 City of Redlands P.Q. Box 3005 Redlands, CA 92373 Attention: Denny Sattler, Comm8nity Services Superintendent Dear Mr. Sattler: Re: Redlands - DAAS - 111 West Lugonia Avenue Lease Agreement No. 95-400 A-2 `�NO SAN BERNARDINO COUNTY OF SAN BERNARDINO INTERNAL SERVICES GROUP Enclosed is an approved copy of the lease amendment for the above -referenced facility for your records and file. If you have any questions, please call me at (909) 387-7816. Very truly yours, Michele D. Cohn Real Property Agent MDC:bas Enclosure SL-02 7-a s-01 aictki CLetrK W Lai,; r;. r i,.IEi LPH County Administrative Officer 3. All other portions of the Lease Agreement, Contract No. 95-400, as previously amended, shall remain the same. END OF SECOND AMENDMENT. COUNTY OF SAN BERNARDINO ► �I�'G2�! %��i'I•-fit John Michae/1son, Transitional Admin. Of'icer Dated '7/7 3/' / IGNED AND CERTIFIED THAT A COPY OF THIS OCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN F THE BOARD. Ierk of the Board of Supervisors of the County of San ernardino. By Deputy CITY OF REDLANDS PAT GILBREATH, MAYOR By 0. Dated May 15, 2001 Title Mayor Address P.O. Box 300C,, Redlands, CA 92373 Attest: Beatrice Sanchez, Deputy City Clerk Approv a aI Fo County Co sel Date Cl 2 -d/ Reviewed as to Affirmative Action Jo - Date Reviewed for Processing ► Agency Administrator/CAO Date Page 2 of 2 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION 40 March 13, 2001 Agreement 01-191 FROM: JOHN YUHAS, Real Property Manager Real Estate Services DOUG HALLEN, Interim Public Health Program Administrator Public Health Department SUBJECT: LEASE AGREEMENT WITH THE CITY OF REDLANDS RECOMMENDATION: Approve a three year lease agreement with the City of Redlands to provide 2,450 square feet of office space for the Public Health Department's Woman, Infant and Children Program (WIC) in Redlands from December 5, 2000 to November 26, 2003, in the amount of $8,892. BACKGROUND INFORMATION: The Public Health Department (PHD) requested Real Estate Services (RES) to prepare and process a lease agreement for 2,450 square feet for a multi- purpose room and small classroom for the WIC program located at 111 West Lugonia Avenue, Redlands. This program prevents and reduces the incidence of nutrition -related problems during critical periods of growth and development in low-income pregnant, breast feeding, and/or postpartum women, infant and children. Participants receive nutrition assessment, nutrition and health counseling, health education classes and vouchers to purchase nutritious foods. WIC serves approximately 55,000 participants per month at 17 clinic locations throughout the County. The City of Redlands site is one of the clinic locations. The WIC clinic has been at phis location since 1985 and the rental payment was previously paid by blanket purchase orders.:„ To be in compliance with County Lease Policy No. 08-02-01, negotiations were conducted with the City of Redlands for a new lease agreement. Extensive legal review by the City of Redlands resulted in this lease agreement being finalized in December 2000. WIC can terminate this agreement by giving 90 days notice to the landlord. The negotiated rate of $.10 per square foot is in the low range for the area. This lease agreement falls under the current County Lease Policy No. 08-02-01 for Short Term Proposals (STP). Board approval is required since the lease agreement includes three (3) one- year options. REVIEW BY OTHERS: This agenda item has been reviewed by Public Health, the County Administrative Office (Administrative Analyst Lynn Chacon), and approved as to legal form by Chief Deputy County Counsel Rex Hinesley on November 1, 2000 cc: RES-Yuhas PHD-Hallen w/agreement Contractor w/agreement c/o PHD Auditor w/agreement SBD w/agreement ISD File w/agreement sg Rev 07/97 MOTION AYE 1 J. REN =AST BY Record of Action of the Board of Supervisors AGREEMENT 01-191 APPROVED BOARD OF SUPERVISORS COUNTY: OF SAN BERNARDINO SECOND. =- AVE AYE MOVE • a_ 4 5 At1, It t ERK OFHE BOARD DATED: March 13, 2001., ITEM 040 BOARD OF SUPERVISORS Lease Amendment with the City of Redlands March 13, 2001 Page Two FINANCIAL IMPACT: Total cost of this three-year lese agreement is $8,892. The monthly lease payments of $247 ($.10/square foot/full service) effective December 1, 2000, will be paid from the County Rents Budget (AAA-RNT-2905) and reimbursed from the PHD's Budget (AAA-PHL-2905). The current budget year lease cost is $1,729 (seven months at $247). Annualized costs of the lease are as follows: Year: Annual Cost: December 1, 2000 - November 30, 2001 $2,964 December 1, 2001 - November 30, 2002 $2,964 December 1, 2002 - November 30, 2003 $2,964 There are sufficient appropriations in the PHD's Fiscal Year 2000/01 budget for rental payments (December 1, 2000 - June 30, 2001). No ongoing general fund support is requested as a result of this action. SUPERVISORIAL DISTRICT: Third PRESENTER: John Yuhas MC: 7-7816 bas: 7-7830 40 County of San Bernardino FAS CONTRACT TRANSMITTAL FOR Cotuuv USE ONLY E M X X — New Change Cancel Vendor Code �� Dept. Contract Number M1 , 1' County Department Dept. Orgn. Real Estate Services Contractor's License No. County Department Contract Representative Ph. Ext. JOHN YUHAS, Real Property Manager 7-7830 Amount of Contract Fund AAA Dept. RNT Organization RNT i Appr. 200 ObjiRev Source 2905 t Activity GRGPROJ/JOB Number N31596 Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/D 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. t (Attach this transmittal to all contracts not prepared on the "Standard Contract " form.) Approved as to Legal Form SEE S(GNAGURE PAGE County Counsel Date Reviewed as to Affirmative Action Date Reviewed for Processing Agency AdministratoriCAO 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. 1 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 s .. 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. 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 1 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 harmless 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. a 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 s 4. in connection with the WIC program. Landlord is a self -insured public entity. The City of Redlands shall defend, indemnifi 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. MIISCELLANEOUS 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 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. 1 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. 1 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 S a AVRDI Fred Board CITY OF REDLANDS of Supvs. Mayor Pat Gilbreath' SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervises of the County of San Bernardino. By ..1 �Oeputy�,- Approved as to Legal'Farn' N. ALAN K. MARKS, County Counsel By: Deputy Dated: G /— 767 Aguiar, Chairman, MAR 13 2001 a.TTi= -r: Dated By ) City Clerk)Lorrie Poyzer Dated December 5, 2000 TAR City of Redlands Address P. O. Box 3005 Redlands, CA 92373 7 Agreement - San Bernardino County WIC Program - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved an amended Facility Use Agreement for use of the Community Center between the City and San Bernardino County Women - Infant -Children Program and authorized the Mayor and City Clerk to execute the agreement. Mutual Water Company Stock Lease - On motion of Councilmember Haws, seconded by Councilmember Peppier, the City Council approved a lease for 16 shares of Crafton Water Company stock to Peter Buoye for the 2001-02 water delivery season, with Councilmember Gilbreath abstaining due to a potential conflict of interest. Task Force of Water Agencies - A task force was formed to coordinate the activities of the water agencies involved in the Federal Energy Regulatory Commission (FERC) relicensing process of Southern California Edison's hydroelectric power generating facilities on the Santa Ana River, Mill Creek and Lytle Creek. Since the City derives a significant portion of its water supply from the Santa Ana River and Mill Creek and the FERC process has the potential to affect the supply. The San Bernardino Valley Municipal Water District agreed to pay half of the costs of consultants hired to develop strategies for the task force. Redlands, nine other water agencies were asked to fund the remaining half at a cost of $20,000 each. On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved funding the City's participation in the task force of water agencies supporting the FERC relicensing of Southern California Edison's hydroelectric power generating stations on Mill Creek and the Santa Ana River. Agreement - Electricity Cogeneration Facility at Wastewater Treatment Plant - On January 16, 2001, the Council approved a preliminary design contract to investigate the options for constructing an electricity cogeneration facility at the City's Wastewater Treatment Plant located at 1950 Nevada Street. The engineering services agreement presented this date covers the engine generator and associated facilities design and construction management services. On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved and authorized execution of an agreement with Janechek & Associates to furnish engineering services with Janechek & Associates to support the proposed electricity cogeneration facility to be located at the City's Wastewater Treatment Plant. Agreement - Recycled Water Project - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved and authorized execution of an agreement with ZENON Environmental Corporation to furnish engineering services to support the proposed Redlands Recycled Water Project. May 15, 2001 Page 4