HomeMy WebLinkAbout12- SBETA CITY aF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ernest B. Dowdy Subject: Addendum I to Sublease
Dept: San Bernardino Employment and Training Agency ORIGINAL
Date: June 3, 1998
Synopsis of Previous Council action:
On March 4, 1998, Council approved Sublease by and between the County
of San Bernardino and the City of San Bernardino Employment and
Training Agency for the San Bernardino One Stop Employment Center,
Resolution No. 98-75.
Recommended motion:__
Adopt Resolution.
Signature
Contact person: Ernest B. Dowdy Phone: (909) 888-7881
Supporting data attached: Staff report Ward:
FUNDING REQUIREMENTS: Amount: NSA Source:
Finance:
Council Notes:
-7I tDLgg
75-0262 Agenda Item No. /a
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Su 'ed Addendum to Sublease for the San Bernardino One Stop Employment Center.
Background On March 4, 1998, Council approved a Sublease by and between the County
of San Bernardino and the City of San Bernardino Employment and Training Agency for
the San Bernardino One Stop Employment Center.
Fiscal Impact Addendum references mutual indemnification by both parties. There is
no cost associated with this addendum to the sublease.
Recommendation: Adopt resolution approving an Addendum to the Sublease by and
between the County of San Bernardino and the City of San Bernardino Employment and
Training Center.
• I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO
3 SIGN ADDENDUM I TO THE SUBLEASE DATED MARCH 4, 1998 BY AND BETWEEN
THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO
4 EMPLOYMENT AND TRAINING AGENCY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
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authorizes the Mayor of the City of San Bernardino to sign Addendum I to the Sublease dated
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March 41 1998 by and between the County of San Bernardino and the City of San Bernardino
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Employment and Training Agency. A copy of said Addendum I is attached hereto marked Exhibit
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"A" and incorporated herein by reference as fully as though set forth at length.
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HTC/js[SBETA.RESj 1 June 25, 1998
• I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO
2 SIGN ADDENDUM I TO THE SUBLEASE DATED MARCH 4, 1998 BY AND BETWEEN
THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO
3 EMPLOYMENT AND TRAINING AGENCY.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting
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thereof, held on the day of 1998, by the following vote, to
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wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA
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LIEN
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ARIAS
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SCHNETZ
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DEVLIN
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IS ANDERSON
MILLER
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CITY CLERK
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The foregoing Resolution is hereby approved this day of
20 1998.
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22 JUDITH VALLES, Mayor
City of San Bernardino
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24 Approved as to form and
legal content:
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JAMES F. PENMAN,
26 City Attorney
• 27
28 By: � ,
HTC s[SBETA.RESI June 25, 1998
• ADDENDUM I
HOLD HARMESS:
15. City agrees to indemnify and hold harmless the Sublessor from and against all
claims, damages or other injury suffered by the Sublessor, its officers, agents and
employees as a result of the City's negligent acts or wrong act in connection with the
City's occupancy of the premises.
Sublessor agrees to indemnify and hold harmless the City from and against all
claims, damages or other injury suffered by City, its officers, agents and employees as a
result of the negligence or wrongful act of Sublessor, or any of Sublessor's agents,
contractors or other representatives.
INSURANCE:
City is a self insured public entity.
Sublessor is a self-insured public entity.
• CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
Employment and Training Agency
By By rf�
Title Mayor Judith Valles Title
Dated Dated S/,("f��
Approved as to Legal Form : Approved as to Legal Form :
JAMES PENMAN, City Attorney ALAN K. MARKS, County Counsel
City of San Bernardino, California San Berm 'no Count r California
I r �
By 2 .� i "> — By
Dat o7 S ti, ! W Dated S
•
• ADDENDUM 1
HOLD HARMESS:
15. City agrees to indemnify and hold harmless the Sublessor from and against all
claims, damages or other injury suffered by the Sublessor, its officers, agents and
employees as a result of the City's negligent acts or wrong act in connection with the
City's occupancy of the premises.
Sublessor agrees to indemnify and hold harmless the City from and against all
claims, damages or other injury suffered by City, its officers, agents and employees as a
result of the negligence or wrongful act of Sublessor, or any of Sublessor's agents,
contractors or other representatives.
INSURANCE:
City is a self-insured public entity.
Sublessor is a self-insured public entity.
• CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
Employment and Training Agency
By By //DSz��
Title Mayor Judith Valles Title ire, T7 ►yL
Dated DatedfZE
Approved as to Legal Form: Approved as to Legal Form :
JAMES PENMAN, City Attorney ALAN K. MARKS, County Counsel
City of San Bernardino, California San Ber o Count ^ alifornia
By By
Dat Dated
•
• ADDENDUM I
HOLD HARMESS:
15. City agrees to indemnify and hold harmless the Sublessor from and against all
claims, damages or other injury suffered by the Sublessor, its officers, agents and
employees as a result of the City's negligent acts or wrong act in connection with the
City's occupancy of the premises.
Sublessor agrees to indemnify and hold harmless the City from and against all
claims, damages or other injury suffered by City, its officers, agents and employees as a
result of the negligence or wrongful act of Sublessor, or any of Sublessor's agents,
contractors or other representatives.
INSURANCE:
City is a self-insured public entity.
Sublessor is a self-insured public entity.
• CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
Employment and Training Agency
By By
Title Mayor Judith Valles Title irec- *�'�
Dated Dated
Approved as to Legal Form: Approved as to Legal Form:
JAMES PENMAN, City Attorney ALAN K. MARKS, County Counsel
City f San Bernardino, California San Be ar8h County, California
By By
Da e 5 iSyY Dated .S�_6'
•
• File No. 7f-2f
SUBLEASE
THIS SUBLEASE, made and entered into this f1dQCy 9 �9ay of
by and between the County of San Bernardino, here after
called Sublessor, and the City of San Bernardino Employment and Training
Agency, by and through its duly elected Mayor, hereinafter called City.
The parties hereto mutually agree as follows:
WITNESSETH:
1. ) This is a Sublease of that certain Master Lease dated
October 21, 1997, by and between the County of San Bernardino and Sedlak
Family Trust.
2. ) Sublessor hereby subleases unto City who hereby hires
from Sublessor those certain premises situated in the City of San Bernardino,
County of San Bernardino, State of California, and more particularly described
• as follows:
Approximately 620 net usable square feet of office space on
the ground floor of the building located at 646 North Sierra Way as outlined
in red on the attached Exhibit "A" Plan, together with Specifications marked
Exhibit "B" . said Exhibits "A" and "B" , being incorporated by reference into
this Lease, and including an unlimited use of the building' s common facilities,
including available parking in the adjacent lot, all on a share and share alike
basis.
3. ) To have and hold said leased premises, together with the
appurtenances, rights, privileges, and easements thereunto belonging or apper-
taining unto Sublessor, for a term commencing on the first day of March 1, 1998,
and ending on the February 28th day of 2003, with such rights of termination as
are hereinafter set forth, with rental payable by City in arrears as follows:
Mar. 1, 1998 thru Feb. 28, 1999 - monthly payments of $1,777.00.
Mar. 1, 1999 thru Feb. 28, 2000 - monthly payments of $1,830.00.
Mar. 1, 2000 thru Feb. 29, 2001 - monthly payments of $1,885.00.
Mar. 1, 2001 thru Feb. 28, 2002 - monthly payments of $1,942.00.
Mar. 1, 2002 thru Feb. 28, 2003 - monthly payments of $2,000.00.
4. ) City agrees to pay the aforesaid rental to Sublessor at
the address specified herein, or to such other address as the Sublessor may
designate by a notice in writing to the:
• City of San Bernardino Employment and Training Agency
599 North Arrowhead Avenue
San Bernardino, California 92401
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• 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 to the Sublessor at:
County of San Bernardino
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
and to the City at the address indicated in Paragraph 4. Nothing herein con-
tained shall preclude the giving of any such written notice by personal service.
6. ) Either party may terminate this Sublease at any time by
giving notice to the other at least thirty (30) days prior to the date when
such termination shall become effective.
7. ) Sublessor shall furnish to City during the Sublease term.
at Sublessor's sole cost, the following services and utilities:
A. Janitorial services, including but not limited to,
regular cleaning of offices and restrooms, toilet
supplies and waste disposal .
• B. All utilities.
8. ) Sublessor reserves the right to enter and inspect the
leased premises, at reasonable times, and to have made any necessary repairs
to the premises.
9. ) In the event the subleased premises or any essential
part thereof shall be destroyed by fire or other casualty, this Sublease shall ,
in the case of total destruction of the subleased premises, immediately termi-
nate. In case of partial destruction or damage, City may elect to terminate
by giving written notice setting forth the date of termination to the Sub-
lessor within twenty-five (25) days after such fire or casualty, and no rent
shall accrue or be payable to the Sublessor after such termination. In the
event of any such destruction where the City remains in possession of said
premises, whether for the remainder of the term or temporarily pending termi-
nation, the rental as herein provided shall be reduced by the ratio of the
floor space City is precluded from occupying to the total floor space of the
subleased premises.
10. ) Rental payable hereunder for any period of time less
than that for which periodic rental is payable shall be determined by pro-
rating the rental due for the applicable period of occupancy.
11. ) During the performance of this Sublease, the Sublessor
• 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
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•discriminate unlawfully against any employee or applicant for employment be-
cause of race, religion, color, national origin, ancestry, physical handicap,
mental disability, medical condition, or marital status. Sublessor shall
insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination.
Sublessor 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 City agency
to implement such article.
12. ) In no event shall the term of this Sublease continue
beyond the expiration of the Master Lease.
13. ) In the event of a conflict between the provisions of
this Sublease and the afore-specified Master Lease, the provisions of the
Lease shall prevail , and the parties to this Sublease shall be bound
accordingly.
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14. ) The Sublessor may unilaterally amend this Sublease to
ring it into conformity with the Master Lease and City's Sole remedy to such
amendment shall be limited to termination in accordance with Paragraph 6 .
Sublessor shall have no liability for consequential or other damages which
may be suffered by City in the event of such amendment resulting in
termination of this Sublease.
IN WITNESS WHEREOF, this Sublease has been executed by the
parties hereto as of the date first above written.
CITY OF SAN BERNARDINO
Employment and Training Agency COUNTY OF SAN BERNARDINO
Title qyo= Judith Valleys p T#tle t c�ci
Dat �l(du� 1910 Hated S
�pproved as to Legal Form: Approved as to Legal Form:
JAMES PENMAN, City Attorney ALAN K. MARKS, County Counsel
City of San Bernardino, California San Bernardino County, California
gy By d
De
,y� , /
Dated �yZ�,�G 3 Dated S=G
•
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ENIMIT_
• SAN BERNARDINO ONE-STOP SPACE ALLOCATION-3% INCREASE
TOTAL LEASABLE SPACE: 7,225
Work Area Space:
Office (3) 120 x 3 = 360
Reception (3) 33 x 3 = 99
Work Stations (35) 35 x 49 = 1.715
Total Staff Space 2,171
Exclusive Use Spaces:
Office Reception Work Stations
EDD (1) 120 sf (1) 33 sf (14) 686 sf= 839=39%
• SBETA (1) 120 sf (1) 33 sf (6) 284 sf=446 =20%
Co. JTPA (1) 120 sf (1) 33 sf (15) 735 sf= 888 =41%
EDD 7,225 sf x 39%=2,817.75 x$1.23 sf = $3,465.83 mo.
SBETA 7,225 sf x 20%= 1,445.00 x $1.23 sf = $1,777.35 mo.
Co. JTPA 7,225 sf x 41%=2,962.25 x $1.23 sf = 3 643.57 mo.
7,225 sf x $1.23 sf = $8,886.75 mo.
•
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