HomeMy WebLinkAbout9/17/2003 - STAFF REPORTS (10) DATE: September 17, 2003
TO: City Council
FROM: City Clerk
COUNCIL CHAMBER LEASE AGREEMENT
Recommendation: That the Council approve a lease agreement with the State
of California, Department of Industrial Relations for the purpose of conducting
Worker's Compensation Hearings.
BACKGROUND:
The State of California, Department of Industrial Relations has been leasing the
Council Chamber since 1995 to conduct Worker's Compensation Hearings. The
term of this lease is July 1, 2003 through June 30, 2006 at a rental rate of$62.00
per meeting.
PATRICIA A. SANDERS
City Clerk
APPROVED
City Manager
Attachment: Minute Order
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DELEGATED SHORT FORM LEASE
LEASE COVERING PREMISES LOCATED AT
3200 E.Tahquitz Canyon Way,Palm Springs,CA 92263
File No.: DIR2004.001
LESSOR'S FED,TAX.I.D NO.OR SOCIAL SECURITY NO. Project No.:
95-6000757
TENANT AGENCY
Department of Industrial Relations/
Division of Workers'Compensation
THIS LEASE,made and entered into this 1st day of July 2003, by and between
City of Palm Springs
City Hall
hereinafter called Lessor, and the State of California, by and through its duly appointed, qualified and acting Director of the
Department of Industrial Relations,hereinafter called State.
The parties hereto mutually agree as follows:
WITNESSETH:
1. Lessor hereby.leases unto State and State hereby hires from Lessor those certain premises situated in the City of Palm Springs,
County of Riverside. State of California, and more particularly described as follows:
The City of Palm Springs agrees to provide a hearing room to the State in conforming with the rates and
schedule listed in Exhibits A, A-1, and A-2, and with the construction and code requirements listed in
Exhibit B, which is attached and incorporated herein by this reference.
2. The term of this lease shall commence on July 1, 2003, and shall end on June 30, 2006, with such rights of termination as may
be hereinafter expressly set forth.
3. This contract may be terminated by either party upon thirty(30)days advance written notice.
4. Rental shall be paid by the State in arrears on the last day of each month during said term as follows:
$268.67 per month($62.00 per day'$62.00 per week)
5. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully
given when made in writing and deposited in the United States mail certified and postage prepaid,and addressed as follows:
To the Lessor at City of Palm Springs Phone: (760)323-8230
City Hall
P.O.Box 2743
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92263
and to State at Department of Industrial Relations Phone: (510)622-3087
Division of Administration—Facilities Fax: (510)622-3090
1515 Clay St., Ste. 1503
Oakland, CA 94612
Nothing herein contained shall preclude the giving of any such written notice by personal service.
6. Lessor agrees that,prior to July 1.2003, the leased premises will be made ready for State's occupancy in full compliance with
Exhibit "A", consisting of three (4) sheets titled, "'Scheduled Meeting Periods' and 'Holidays' and in accordance with Exhibit "B",
consisting of one (i) page, titled "'Construction and Code Requirements: which Exhibits "A" and "B" are by this reference
incorporated herein. ?)qQw
7. Lessor shall furnish to State,during the lease term, at Lessor's sole cost,the following services and utilities:
A. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies and waste
disposal.
B. All utilities except telephone.
8. During the lease term, Lessor shall maintain the leased preen ses together with appurtenances,rights,privileges, and easements
belonging or appertaining thereto, in good repair and tenantable condition, except in case of damage arising from the negligence of
State's agents,invitees or employees.
9. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any necessary repairs to the
premises.
10. Lessor agrees that State, keeping and performing the covenants and agreements herein contained on the part of State to be kept
and performed, shall at all times during the existence of this lease peaceably and quietly, have hold and enjoy the leased premises,
without suit, trouble or hindrance from Lessor,or any person claiming under Lessor.
11. In the event the leased premises or any essential part thereof shall be destroyed by fire or other casualty, this lease, shall, in the
case of total destruction of the leased premises, immediately terminate. In case of partial destruction or damage State may elect to
terminate by giving written notice setting forth the date of termination to the Lessor within fifteen(15)days after such fire or casualty,
and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the State
remains in possession of said premises, whether for the remainder of the term or temporarily pending termination, the rental as herein
provided shall be reduced by the ratio of the floor space State is precluded from occupying to the total floor space of the leased
premises.
12. Rental payable hereunder for any period of time less than that for which periodic rental is payable shall be determined by
prorating the rental due for the applicable period of occupancy.
13. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein demised premises, Lessor
releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer.
14. During the performance of this lease, the Lessor shall not deny benefits to any person on the basis of religion, color, ethnic
group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition,
marital status, age, or sex. Lessor shall insure that the evaluation and treatment of employees and applicants for employment are free
of such discrimination.
Lessor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5), and the regulations or
standards adopted by the awarding State agency to implement such article.
15. In the event the State remains in possession of the premises after the expiration of the lease term, or any extension thereof, this
lease shall be automatically extended on a month-to-month basis, subject to thirty (30)days termination by either party, and otherwise
on the terms and conditions herein specified,so far as applicable.
16. Lessor hereby warrants and guarantees that the space leased to the State will be operated and maintained free of hazard from
Asbestos Containing Constructions Materials.
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17. Lessor hereby represents and certifies that it has fully complied and covenants to remain in compliance during the term of this
lease, with Disabled Veteran Business Enterprise (DVBE) participation goals or has made good faith efforts, as the case may be, as
required by Public Contract Code Section 10115 et seq., and further agrees that the State or its designees will have the right to review,
obtain,and copy all records pertaining to the contract. Lessor agrees to provide the State or its designee with any relevant information
requested and shall permit the State or its designee access to its premises,upon reasonable notice,during normal business hours for the
purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant
to a matter under investigation for the purpose of determining compliance with this requirement. Lessor further agrees to maintain
such records for a period of three(3)years after final payment under the contract.
Upon completion of this lease,Lessor agrees to submit a final report identifying all DVBEs used in providing services or supplies to
this lease. Efforts to include DVBEs in this contract do not end with the award of a lease, but continue for as long as the Lessor is
purchasing materials and supplies and needs subcontractors in meeting its obligations to State pursuant to this lease.
IN WITNESS WHEREOF,this lease has been executed by the parties hereto as of the date first above written.
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS LESSOR
By By
Karen Wong,Staff Services Manager
David H. Re iy City Manager
(Print Name and Title)
ATTEST:
City Clerk
.,;� ,��,1.5:�r{i:�a1�lSili,•4{ri�t,Z; ,alfN _ ,� 9cr¢^.;:_._
APPROVED AS To roRl�"
i'i t4orney
Page 1 of A
EXHIBIT A
Scheduled Meeting Periods
1. Location: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
2. Contact Person: Velma Burnell (760.323.8204)
3. Rate: $15.50 per hour
$62.00 per day(4 hours/day)
Estimated number of Mondays during contract period (7/01/03-06/30/06):
156 Mondays x $62.00 per day= $9,672.00
Estimate amount to cover possible schedule changes 1,000.00
Grand Total $10,672.00
Possible schedule changes:
1. There may be times when hearings can extend beyond the regular hours.
2. The contractor, contingent on the availability of hearing room space, may hold meetings
on different days other then Mondays upon approval.
3. Meeting room facilities are not available on the following holidays:
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Page 2 of 4
Exhibit A-1
HOLIDAYS
7/1/03—6130104
HOLIDAY OBSERVANCE DATE
Independence Day July 4, 2003 (Friday)
Labor Day September 1, 2003 (Monday)
Columbus Day October 13, 2003 (Monday)
Veterans' Day November 11, 2003 (Tuesday)
Thanksgiving Day November 27, 2003 (Thursday)
Day after Thanksgiving November 28, 2003 (Friday)
Christmas Day December 25, 2003 (Thursday)
New Year's Day January 1, 2004 (Thursday)
Martin Luther King Jr. Day January 19, 2004 (Monday)
Lincoln's Birthday February 12, 2004 (Thursday)
Washington's Birthday February 16, 2004 (Monday)
Cesar Chavez Day March 31, 2004 (Wednesday)
Memorial Day May 31, 2004 (Monday)
Page 3 of 4
Exhibit A-1
HOLIDAYS
7/1/04—6/30/05
HOLIDAY OBSERVANCE DATE
Independence Day July 5, 2004 (Monday)
Labor Day September 6, 2004 (Monday)
Columbus Day October 11, 2004 (Monday)
Veterans' Day November 11, 2004 (Thursday)
Thanksgiving Day November 25, 2004 (Thursday)
Day after Thanksgiving November 26, 2004 (Friday)
Martin Luther King Jr. Day January 17, 2005 (Monday)
Washington's Birthday February 21, 2005 (Monday)
Cesar Chavez Day March 31, 2005 (Thursday)
Memorial Day May 30, 2005 (Monday)
X 7
Page 4 of 4
Exhibit A-1
HOLIDAYS
7/1/05—6/30/06
HOLIDAY OBSERVANCE DATE
Independence Day July 4, 2005 (Monday)
Labor Day September 5, 2005 (Monday)
Columbus Day October 10, 2005 (Monday)
Veterans' Day November 11, 2005 (Friday)
Thanksgiving Day November 24, 2005 (Thursday)
Day after Thanksgiving November 25, 2005 (Friday)
Martin Luther King Jr. Day January 16, 2006 (Monday)
Washington's Birthday February 20, 2006 (Monday)
Cesar Chavez Day March 31, 2006 (Friday)
Memorial Day May 29, 2006 (Monday)
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7/7
ESTIMATED COST FOR HEARING ROOM SITE
LESSOR LOCATION INDEX PCA BREAKDOWN MO RENT % LEASE DATE LEASE X
City of PalmSprings City of PahnSprings 3013 31100 $620.871 $620.87 100%OD 7/1/95 Tr#9703701
P.O.Be.2743 City Hall(Hearing Room) TO 6/30/01
Palm Springs,CA 92263-2743 13200 Tah uitz Wa
I.D.No.:95-6000757 PALM SPRINGS
`NOTE:Conseil Chamber Rental—Meetings at this location are one day a week,usually 5 times in a month at$62 per meeting,depending on the month.
08/19/2003
MINUTE ORDER NO.
APPROVING THE STATE OF
CALIFORNIA, DEPARTMENT OF
INDUSTRIAL RELATIONS, LEASE OF
THE PALM SPRINGS COUNCIL
CHAMBER FOR THE PURPOSE OF
CONDUCTING WORKER'S COMPEN-
SATION HEARINGS FROM JULY 1, 2003
THROUGH JUNE 30, 2004, IN THE
AMOUNT OF $62.00 PER MEETING.
------------------
I HEREBY CERTIFY that this Minute Order, approving the State of California,
Department of Industrial Relations. lease of the Palms Springs Council Chamber
for the purpose of conducting Worker's Compensation Hearings from July 1,
2003 through June 30, 2004, in the amount of $62.00 per meeting, was adopted
by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 17`h day of September, 2003.
PATRICIA A. SANDERS
City Clerk