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HomeMy WebLinkAboutReso 1975-7750r'orm No. 3~t Rev... 3/74 RESOLUTION N0. 7750 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR USE OF CIVIC CENTER FACILITIES IN THE CITY OF CHULA VISTA AND AUTfiORIZING THE MAYOR 'TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, TEEREFORF, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, for use of Civil Center facilities in the City of Chula Vista, dated the 21st day of May , 19 75 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE I:T FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista< Presente by Paul Desrochers, Community Develop- ment Director ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of May _ 1975 by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton; ~IUde NAYES: Councilmen None ABSENT: Councilmen Hobel ~~~~~~~ /~Q~ '~ Mayor of the CLty of. Chula Vista J / ATTEST't,~7L7t<' ~/ ~,( City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIESU) ss. CITY OF CHULA "JISTA) of Chula true and not been Approved as to form by ~ _ ~ F ~i 1 ~~ ~~ // George D. Lindberg, City Atto~iey I, CLty Clerk of the G.ty Vista, CalLfornia, DO HEREBY CERTIFY that the above is a full, correct copy of Resolution No. and that the same has amended cr repealed. DATED City C1erx AGREEMENT BETWEEN TI{E COU?dTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES THIS AGREE64,NT, made and entered into this ~~ day of ('(~~, 1975, by and between the COUNTY OF SAN DIEGO, apolitical subdiv-isi~on~"of the State of California, hereinafter referred to as "County", and the CITY OP CHULA VISTA,, a municipal corporation, hereinafter referred to as "City". WI9'NES S GTH: WHEREAS, City is the orarer of real property hereinafter referred to as "Civic Center", and more part.i.cularly the "Council Chambers" therein, the City Jail, and other facilities as shown on Exhibit "A" attached hereto and by this reference incorporated herein; and 14;IEREAS, Legislation has been enacted by the State of California establishing the South Bay Municipal Judicial District; and iYHEREAS, it is necessary for the County to provide Municipal Court facilities for the District so created; acrd WHEREAS, there is no space currently available to the County, and City desires, on a temporary basis, to provide for ioint use o£ City's Council Chambers and other facilities; and IYf1EREA5, the parties hereto agree that time is of the essence of this Agreement. NOIY THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein set forth, City and County do agree as follows: 1. ADMINIST[LITION. This Agreement shall be administered on behalf of County by the Director, Department of Real Propert}•, Public VYorks Agency, COUNTY OF SAN DIEGO CONTRACT 350 E NUnM1bi;R Q03~'S (P,e:ererce above number in each conLmunication 7 7 ~ _1_ regarding this contract) County of San lliego, hereinafter referred to as "County's Agreement Administrator", and on behalf of the City of Chula Vista by the City Manager. 2. DESCRIPTION. City hereby authorizes County to occupy on a joint basis with City that portion of the "Civic Center" known as the "Council Chambers" as well as those additional facilities as shown on Exhibit "A" hereto, and by this reference incorporated herein, as well as the City's jail facilities, all of which are hereinafter referred to as "Described Pxemises", under the terms and conditions hereinafter set forth. Twenty five assigned parking spaces shall be provided by City for use of the Municipal Court. 3. TERM. The term of this Agreement is five (5) years, commencing July 1, 1975, and terminating Jmte 30, 1480; provided, however, that either party may terminate this Agreement at any tide by giving to the other party one year's written notice of intention to terminate. 4. HOLDING OVER. Any holding over by County after the expiration of this Agreement or extension thereof shall be construed to be occupancy on a month- to-month basis on the terms and conditions herein specified so far as the same may be applicable. 5. (a) RENT. The base rent reserved to City for the first year of this Agreement shall be the sum of One Hundred Sixteen Dollars ($116.00) per month and shall accrue when County accepts the Described Pxemises. Rent shall be payable in arrears on the first day of the month following the month in which rental was earned during the term, except that if the 1st day of the term shall not be the lst day of the month, the rental for the portion of the -2- R77ST~ term occurring in the first and last calendar months of the terms shall be appropriately prorated, Payment of rent shall commence upor, acceptance of the Described Premises by the Cowrty's Agreement Administrator,~whose acceptance shall not be unreasonably withheld. In the event County exercises its options to extend for any of all of the one (1) year periods, said Agreement shall continue on the same terms and conditions as herein set forth. Installments of rent shall be paid at the office of City's Treasurer. S. (b) COST OF LIVING ADJUSTMENT. Beginning with the thirteenth month of this Agreement, and for each succeeding twelve month period, the monthly rental provided for above shall be adjusted (but in no event to an amount less than the base rent for the particular period) to reflect any increase or decrease in the purchasing power of the dollar following the commencement of this Agreement by. the use of the following formula: R = A x B c }V1IERIN, R equals the adjusted monthly. rental for each month of the particular twelve (12) month period; A equals the base rent for the particular period as set forth in CTause S (a) hereof. B equals the average monthly consumer price index as hereinafter defined for the first full calendar quarter immediately preceding the commencement of the twelve (12) month period for which the adjusted monthly rental is being computed; and C equals the average monthly consumer price index as herein defined for the first full calendar quarter immediately preceding the date of this Agreement. -3- ~77 The consumer price index, which shall be used as the source for such index numbers, shall be that published by the United States Department of Labor, titled United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for San Diego Metropolitan Area all items, which covers the cost of "all items" of goods and services purchased by urban wage earning clerical working families for the San Diego area (1967 = 100). I;t the event t}tat such index is not published for the San Diego area, then another comparable index or source of such information generally recognized as authoritative shall be substituted by agreement of the parties. If the parties should not agree, such source of information shall be determined by arbitration pursuant to the provisions of the California Code of Civil Procedure. S. (c) COST REIMBURSEMENT'. Cowrty shall rot be responsible of City's cost of operating the Jail facility, including, but not limited to, wages of City personnel, overhead and administration. Actual costs of service provided tc Ccunty prisoners incurred by City in connection with County's use of City's jail facilities, such as serving of meals, emergency medical services ox any other necessary services, should be billed by itemized statement to County quarterly in arrears. Such billing shall be Forwarded to the Marshal of the D9wticipal Court, who shall arrange payment for same within thirty (30) days after receipt of such billing. 6. COUNTY'S PERMITTED USE. The Described Premises shall be used by County for Municipal Court; temporary prisoner detention, and Municipal Court records storage purposes. 7. UTILITIES. City shall provide and pay for all utilities necessary for County's use of the Described Premises pursuant to this Agreement. 8. JANITORIAL SER'JICES AND TRASH REMOVAL. City shall provide all janitorial and trash removal services which are required by County's use of the llescribed Premises. -4- ~~7C7. 9. REPAIRS. City shall provide,. at its sole expense, ali interior and exterior repairs and maintenance required at the Described Premises, except the County shall make, at its sole expense, all repairs which are caused by want of ordinary care or degree of greater culpability by the County or Municipal Court, their officers, employees, agents, or persons using the Described Premises to conduct business with County or the Municipal Court. 10. IMPKOVEMENT, INSTALLATION AND ALTERATIONS. County shall provide all improvements as shown in Exhibit "A". County may install any and all equip- ment or fixtures necessary or desirable for the above-described purposes, but shall make no alterations in or additions to the Described Premises without, in each instance, first securing the v:ritten permission of City. All such equipment or fixtures installed by County shall remain the property of County and may be removed at or before the termination of this Agreement or extension thereof,-and any damage to the Described Prenu.ses occasioned by such installation and/or removal shall be repaired by County upon request by City. In the event that any of the modifications or improvements shown in Exhibit "A" create any access problems, obstructions or other problems affecting the use of the Described Premises, these modifications and improvements shall be ,modified in a manner prescribed by City. 11. SPECIAL CONDITIONS. (a) i9ASTE County sI1a11 give prompt notice to City of any damage to the Described Premises and shall not commit, or suffer to be committed, any waste or injury, or any public or private nusiance on the Described Premises. (b) INSURANCE. County agrees to maintain a combined program of insurance and self-insurance throughout the term o£ this Agreement. County CAP.F. OP PREMISES. -S- 9 9cT agrees to furnish to City a certificate of insurance naming the City as additional insured in the amounts as fellows: Comprehensive Public Liability: (a) $300,000 Bodily Injury, each person (b) $500,000 Bodily Injury, each occurence (c) $50,000 Property Damage In the event of cancellation of the policies or self-insurance programs, County agrees to give .City thirty (30) days prior notice. 12. HOURS OF USE. The Council Chambers shall be available to County during regular Court }:ours, 8:00 a.m, to 5:00 p.m., Monday through Friday. Scheduling of availability for City's use during said hours s}iall be accomplished by City Manager and County's Presiding Municipal Court Judge, In the c--vent a dispute arises, County shall have the final decision as to when City may use the Council Chambers during said hours. City shall have exclusive use of the Council Chambers at all other times. The "Conference Room" ~,-,rotes-u„ ;.h„ibi~^~' shall be made available to the greatest extent feasible £or County's use as a jury deliberation room. Scheduling thereof shall be accomplished by the City Manager and County's Presiding Dunicipal Court Judge. In the event of dispute, the decision of the~City Manager relative to scheduling of use of said "Conference Room" shall be final. County shall leave exclusive use at all times of the "Judge's Chamber" and the "Records Storage" area located in the basement of the Police Department building, 13. SECURITY. County shall provide adequate provisions for the security of the Described Premises. If City determines additional measures are reasonably necessary to keep the Described Premises secure, these shall be provided at County expense. -6- 7 79ia 14. SIGAIS. The County, at its own expense, shall provide appropriate signs on the Described Premises to direct persons to court facilities. The placement and composition of signs shall be at City's discretion. 15. EXECUTION. This Agreement may be simultaneously executed in .any number of cowrterparts, each of which, when so executed, shall be deemed to be an original, but all together shall constitute but one and the same Agreement, and it is also understood and agreed that separate counterparts of this Agreement may be separetly executed by City and County, all with the same full force and effect as though the same counterpart had been executed simultaneously by- both City and County. 1G. ENTlRE AGREEMENT date first aUovi: written. ATTEST: The parties hereto have set their hands on the CITY OF CHULA VISTA, a municipal. corporation, COUNTY OF SAN DIEGO, a political subdivision of t}xe State of Califon7ia, Approvedandlor authorized try the Doard of Supervisors of the County of San Dlego )),,,~M_,,AY 2 71975 ~~~ Clerk of the Board of Supervisor; _'J_ By ~ ~~ asst.=^r=Clerk, rd of Supervisors ~ 77n~ .-~~~- Ose of Administrative Conference Room uo-~ '' ~ ~ I~~ ~ ~~~ i I~~ ~! ~~ ,~- -,- cal S !~ ~ Ian 1 ~ ~L - -~ ~- _~~ , ~ v iii ~I Lei ~t ~~1 -~ - ~g ~. CL ~ ~ s x It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously car- riedthat we amend the agreement to reflect use of the Administrative Conference Room as opposed to the Council Conference Room. !- ~ ~ >L Q s .~ ~~~ - ~,~ i~ ~ --~:~ ~i ~~~~ i,i ~-~t~ ~ ~~ -~--~ ~ I !- _ ~ -i -t '~ - ~---- i~- --~ ~~ o ~~0-1~7i - 0 - _a i ~ ~s d~ ~~ ,, ~, //i;~ ~4 i~ F~ Q }- ' 1= ~L ! ~.~ ~z~ ~ v ~ ~, u} ~ z ul ,~ a ; ~~:~.~ I O ~_ ~.~:..x, til ~ a ~~ :.~~= ~~~ ~..~~ G::..l~ .~ a ~,.,._~: z~~~ ~~~ ~' ! _L -____- --, - F N N ~ - ~, >~,~ ' , ,u J Z s~ .E ~~~ ~ ~ .~ ~QC ~ ~ L O 3 ~ = ~~ ~~1 > ~ -t 1- ~o ~ ~~~~ ~~- ~~ o ~~~ ~ .~ ~ ~~ © ~`~~~i Q ~- u3 ~ - U] ~ ~~~n~ C~ ~j ~ - __} lL 1L 7 ~ S ,~ u, ~ \L ! 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