Loading...
HomeMy WebLinkAboutReso 94-174 - Bypassing formal bidding process & authorize CM to negotiate & sign a contract with the Shasta County opportunity center for custodial services at all city locations & any new city locations that may be added, with exception of the Electric � t RESOLUTION NO. 94- /7 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING BYPASSING THE FORMAL BIDDING PROCESS PURSUANT TO REDDING MUNICIPAL CODE SECTION 4.20.080(A) (4) , AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN A CONTRACT WITH THE SHASTA COUNTY OPPORTUNITY CENTER FOR CUSTODIAL SERVICES AT ALL CITY LOCATIONS AND ANY NEW CITY LOCATIONS THAT MAY BE ADDED, WITH THE EXCEPTION OF THE ELECTRIC DEPARTMENT FACILITY ON HEATHER LANE. WHEREAS, in 1993 the Shasta County Opportunity Center was awarded the custodial services contract at all City locations, except the Electric Department facility on Heather Lane, which contract will expire June 30, 1994; AND WHEREAS, pursuant to the attached Report to City Council, staff has recommended. that the City negotiate a new one- year contract with the Shasta County Opportunity Center in the amount of $206,790; that any new City locations be added to said. contract at a compensation rate to be agreed upon between the parties; and that the contract contain two one-year options to renew at a price to be negotiated, subject to the City' s normal notice procedure for termination, default, etc. ; AND WHEREAS, it has been determined that it would be in the best interests of the City of Redding to negotiate a new contract with the Shasta County Opportunity Center along the lines set forth above; AND WHEREAS, the City Manager has requested, upon approval of City Council, that the bidding process be dispensed with, pursuant to Redding Municipal Code Section 4.20 .080(A) ( 4) , as the proposed services do not constitute a public works project; further, the City is not obligated to request bids under Assembly Bill 3742; AND WHEREAS, City Council has carefully studied the afore- said matter, and has determined that staff' s recommendation is in the best interests of the City; AND WHEREAS, it has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: i I 1 . That the foregoing recitals are true and correct. 2 . That, pursuant to Redding Municipal Code Section 4. 20. 080(A) ( 4) , the formal bidding process is hereby bypassed, and the City Manager is authorized to negotiate: ► a new one-year contract with the Shasta County Opportunity Center in the amount of $206,790 for all City locations except the Electric Department facility on Heather Lane; ► that any new City locations be added to said contract at a compensation rate to be agreed upon between the parties; ► and that the contract contain two one-year options to renew at a price to be negotiated and agreed upon between the parties, subject to the City' s normal notice procedure for termination, default, etc. 3 . That the City Manager is hereby authorized and directed to execute the necessary documentation on behalf of the City of Redding; and the City Clerk is hereby authorized to attest the signature of the City Manager and to affix the seal to the documentation when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 21st day of June , 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray, and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None OBERT C. ANDERSON, Mayor City of Redding A ST: FO APPROVED: ZZ CONNIE STROHMAYER City Clerk RAftALL A. HAY6, City Attorney 2 VII. Compliamc& Law. i Master Lessee covenants and agrees to comply with all statutes, laws, ordinances, regulations, orders, judgments, decrees, directions, and requirements of Lessor, and of all Federal, State, County, and City authorities now in force or which may hereafter be in force applicable to said leased Premises. Except that Master Lessee shall not be obligated to comply with any law that requires alterations, maintenance, or restoration to the Premises, unless the alterations, maintenance, or restoration are required as a result of Master Lessee's particular and specific use of the Premises at the time. Lessor shall make any alterations, maintenance, or restoration to the Premises required by such laws that Master Lessee is obligated to make. The judgment of any Court of competent jurisdiction or the admission of Master Lessee in any action or proceeding against Master Lessee whether Lessor be a party thereto or not, that any such ordinance or statute has been violated in the use of the Premises shall be conclusive of the fact as between Lessor and the offending party and shall subject this Lease Agreement to immediate termination at the option of Lessor, subject to Master Lessee's right to cure any default of this Lease Agreement as hereinafter set forth. VIII. Services to the Public. Master Lessee shall make its activities and services available to area residents without discrimination as to race, color, creed, religion, sex, age, or national origin, and shall refrain from imposing or levying excessively discriminatory or otherwise unreasonable ndes, charges, or fees for any use of the facilities or activities; provided, however, that Master Lessee shall have the privilege to refuse admittance to any person or persons for just cause, but not to discriminate by virtue of race, color, creed, religion, sex, age, or national origin. IX. Waste: Ouiet Conduct. Master Lessee shall not commit nor suffer to be committed any waste upon said Premises, nor any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or use of Lessor's adjoining Premises. X. Maintenance. A. By entry hereunder, Master Lessee accepts the Premises as being in good condition and repair, and shall, upon termination of this Lease Agreement or earlier cancellation thereof, leave said Premises in as good a condition and repair as the same are now, reasonable use and wear thereof excepted. B. Master Lessee shall at all times keep the building and improvements in a safe, clean, neat, and sanitary condition, subject to the limitation hereinabove set forth in Section VII, and shall comply with all laws, ordinances, and regulations pertaining to health and safety. B. All alaons, exterior decorations, additions, or9provements, including wall-to-wall ' carpet, upon the Premises (whether with or without the prior written consent of Lessor), but excluding Lessee's fixtures, equipment, furniture, and furnishings, shall, at the election of Lessor, remain upon the Premises and become the property of Lessor and be surrendered with the Premises at the expiration or termination of this Lease Agreement without disturbance, molestation, or injury. Should Lessor elect that alterations, exterior decorations, additions, or improvements made by Master Lessee upon the Premises, including telephone or computer cabling, security systems, conduit, or wiring, may be removed upon expiration or termination of this Lease Agreement, Master Lessee hereby agrees to cause same to be removed at Master Lessee's sole cost and expense. Should Master Lessee fail to remove the same, Lessor may cause same to be removed at Master Lessee's expense, and Master Lessee hereby agrees to reimburse Lessor for the cost of such removal, together with any and all damages which Lessor may suffer and sustain by reason of the failure of Master Lessee to remove the same. C. Master Lessee shall indemnify and hold Lessor harmless from and against any and all expenses, liens, claims, or damages to persons or property which arise directly or indirectly by reason of the making of any such alterations, exterior decorations, additions, or improvements. If any such work is done without the prior written consent of Lessor, Lessor may correct or remove the same, and Master Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. All alterations, exterior decorations, additions, or improvements in or to the premises or the building made by either parry shall immediately become the property of Lessor, and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or termination of the term hereof without disturbance, molestation, or injury; provided, however, that if Master Lessee is not in default in the performance of any of their obligations under this Lease Agreement, Master Lessee shall have the right to remove, prior to expiration of the term hereof, all movable fixtures, furniture, furnishings, or equipment installed in the Premises at the expense of Master Lessee. If such property of Master Lessee is not removed by Master Lessee prior to the expiration or termination of this Lease Agreement, the same shall become the property of Lessor and shall be surrendered with the Premises as a part thereof. XII. figns. Master Lessee shall be limited to a maximum of two (2) common identification signs, listing all tenants, to be approved by Lessor, which approval will not be unreasonably withheld. One sign may be placed on the exterior of the building at a location near the principal entrance door of the common reception area, and shall not exceed five (5) square feet. A second sign not exceeding five (5) feet in height nor six (6) square feet in area may be placed near the walkway leading to the principal entrance door of the common reception area. The freestanding sign shall be made entirely of wood or concrete to coordinate with the building. XIII. Property of Master Lessee. Fixtures, equipment, and personal property of Master Lessee shall be removed by same within a reasonable time after termination or earlier cancellation of this. Lease Agreement; provided, however, that any fixtures which cannot be removed without damaging said Premises shall become the property of Lessor. D. It is *er understood and agreed as a conditionZf this Lease Agreement that should Master Lessee hire an employee or employees, the hiring entity will provide workers' compensation insurance on its employees as required by the Labor Code, and shall furnish Lessor with a Certificate evidencing such insurance. To obtain an exemption from this requirement should Master Lessee have no employees, the entity having no employees shall provide the Risk Manager of Lessor with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however, that should the entity later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. XV. Assignment or Subletting. Master Lessee shall not assign this Lease Agreement or any interest therein, and shall not sublet the Premises or any part thereof, nor any right or privilege pertinent thereto, nor suffer any other person (the officers, agents, employees, members, and invitees of Master Lessee excepted) to occupy or use said Premises, or any portion thereof, without the written consent of Lessor first had and obtained. A consent by Lessor to one assignment, subletting, occupancy, or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy, or use by the same or another party. Any such assignment, subletting, occupancy, or use without such consent shall be void and shall, at the option of Lessor, terminate this Lease Agreement. This Lease Agreement or any interest therein shall not be assignable as to the interest of Master Lessee, by operation of law, without the written consent of Lessor. Lessor will not unreasonably withhold its consent to a sublease or assignment by Master Lessee. XVI. Inspection and Notice. Insofar as the same may be necessary for the protection of Lessor's rights, Lessor or its agents shall, during normal business hours, have the right to go upon and inspect the ground area and improvements hereby leased and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon; and also to serve, or to post and keep posted thereon, or on any part thereof, any notices provided in Section 1183.1 of the Code of Civil Procedure of the State of California, or any other section of the Code of Civil Procedure of the State of California, or any other notice or notices that may at any time be required or permitted by law. XVII. Material Breach. Upon written notice from Lessor to Master Lessee that the Master Lessee is committing a material breach of a term, covenant, or condition of this Lease Agreement, the Master Lessee shall forthwith cure such breach. In the event that Master Lessee has not commenced good faith efforts to cure such material breach within sixty (60) days following the date of mailing such written notice thereof to Master Lessee by Lessor, Lessor shall have the right to enter and take over the demised Premises and exclude Master Lessee therefrom. If this Leasgreement is terminated in either manner*einabove provided, Lessor shall be entitled to the entire award or compensation for the land in such proceedings, but the rent and other charges for the last month of Master Lessee's occupancy shall be prorated and Lessor / agrees to refund to the vacating parry any unused portion of said rent or other charges paid in advance.. Master Lessee's right to receive compensation or damages for its improvements, fixtures, personal property, and for the moving or relocation expenses shall not be affected in any manner hereby, and Master Lessee reserves the right to bring an action for such compensation or damages, including loss of business, leasehold interest, and other reasonable damages. M. Bankruptcy or Insolvency. If Master Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings, or should be the subject of any proceedings to stay the enforcement of obligations against it in the form of reorganization or otherwise under and pursuant to any existing or future laws of the Congress of the United States, or if Master Lessee shall discontinue business or fail in business, or abandon or vacate said real property, or make an assignment for the benefit of creditors, or if said real property should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control, or care of said property, Lessor shall have the option to forthwith terminate this Lease Agreement, and re-enter the property and take possession thereof. In no event shall this Lease Agreement be deemed an asset of Master Lessee after adjudication in bankruptcy. XXII. Cancellation. This Lease Agreement may be cancelled by either parry at any time subsequent to the first ten (10) years of the term of this Lease Agreement upon giving proper written notice six (6) months in advance of such cancellation. XXIH. Surrender. At the termination of this Lease Agreement by lapse of time or otherwise, Master Lessee shall surrender possession of the Premises to Lessor; deliver all keys to the Premises and all locks therein to Lessor; make known to Lessor the combination of all combination locks in the Premises; and return the Premises and all equipment and fixtures of Lessor therein to Lessor in broom-clean condition and in as good a condition as when Master Lessee originally took possession, ordinary wear and tear excepted, failing which Lessor may restore the Premises and such equipment and fixtures to such condition and Master Lessee shall pay the cost thereof to Lessor on demand. XXIV. Settlement of Disputes. It is hereby agreed by Lessor and Master Lessee that in cases of unresolved disputes between the occupants of the Premises which involve the Premises, such dispute shall be referred to the City Manager of the City of Redding, whose decision thereon shall be final. - 12 - _, i9212 239: OCi36 0012 I XXXII. CEOA. • • Lessor has determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in the presence of their respective officers duly authorized in that behalf on the day and year set forth above. rY ING B IE MOSS, M or SHASTA REGION BIG BROTHERS/ BIG TERS, INC. B f By: By- ATTEST: AONNIE STRO MAYER, CiV&rki FORM APPROVED: ALL A. HA , Qty Attorney A:\leasenpp.bbs - 14-