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HomeMy WebLinkAboutMINUTES - 01282003 - C45 TO: BOARD OF SUPERVISORS ;;� 'V FROM: BARTONJ. GiLBERT, DIRECTOR OF GENERAL SERVICES COSTA DATE: JANUARY 25, 2003 COUNTY SUBJECT: LEASE FOR THE PREMISES AT 215 PACIFI A AVENUE, BAY � ROILY FOR THE HEALTH SERVICES DEPARTMENT COMMUNITY ELLNES CENTER (TOO521) SPECiF€C REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION APROVE fig -year Lease, commencing May 1, 2001 and ending April 30, 2006, with Mt. Diablo Unified School:. District 'District} for the premises at 215 Pacifica Avenue, Bay Point, for continued Occupancy by the Health Services Department, Under the teras and conditions more particularly set forth in the Lease. 2e AUTHORIZE the Director Of General Services, or designee, to execute the Lease On behalf Of the County and to EXERCISE any Options to extend the Lease. FINANCIAL IMPACT Renewal for continued Occupancy by the Health Services Department Community Wellness Center was anticipated and budgeted within the Health Services Department. Rent i $1.00 per year. BACKGROUND Under the terms Of a License Agreement, the Health Services Department Community Wellness Center has occupied the above premises since May 1, 1996, This License Agreement terminated April 30, 2001. The County continued occupancy On a month-to-month basis while the District and County negotiated the terms Of a five-year lease. Approval Of the Lease will provide for continued Use Of the prerni ea for the Wellness Center as requested by the Health Services Department. CONTINUE:)ON ATTACH€I:ENT: YES S;GM1AT fRE: 1-- 'ECOMIMENDATION OF COUNTY AOMIN'STRATOR RECOMMENDATION O'BOARD CO�/E'd4€a Et 'PP'ROV� OTHER S;GNATURE(S): ACTION OF B `AON JIV7j '_ , F2003 APPROVED As RECOMMENDED OTHER VOTE OF SUPERV!SORS X UNANIMOUS(ABSENT NONE' AYES: NOES: ASSENTS: ABSTAIN: MED A CONTACT: BARTON'j.C€LBERT(313-7150) Originating Dept.:Genera#Services De'v artment i HEREBY CERTIFY THAT THIS;SAT 2L E cc: General Services r3epartr er t A'!D CORRECT COPY OF AN AOT!ON TAKEN Lease Management Divisor AND ENTERED ON THE MINUTES OF THE HOARD Accounting OF SUPERVISORS ON THE.DATE SHCOWN. Lessor(ria LIN'!) Auditor-Controlier(Ela des) ATTESTED ,JANUARY28 70D—i Risk Management(v a JM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Flea;th Swvices(fit€a LIM) AND COUNTY ADMINISTRATOR W Diablo Unified School Distract(via L/M) BY % � f v ✓ DEPU!Y i:\L easeW-.gt\CARO_\BayPo'ln4, e:inessCe^terLesse.doe CC:tb M382(10/88) LEASE AGREEMENT Thais Agreement is effective May 1, 2001,byand between CONTRA COSTA COUNTY, h-_re,.I.lafr--.,call-ad"COUNTY", and MT. DIABLO UNLIFFITEEDSGE-100L DTT RICT, hereinafter called "DISTRICT". ISI STRIC Tis the owner ofeertain real property commonly, known as the Rliverview Middle School, 205 Pacifica Avenue,Bay Point, California, containing a building identified as 215 Pacifica Avenue and shown m.Exhibit"A" attachedheretoand made a part hereof(ffie"Prew-ise's"', COUNT Y desires to lease the Premises as shown in Exhibit A and DISTRICT is will ngto 'lease the Premises as shown in Exhibit A upon ffie terms and conditions contained here-in. Now, therefore, the parties aggree as follows: 1. Lease. Subject to the ternas and conditions of this Agreement, DIST-PICT hereby leases to COUNTY use of the Prern ises shown in ExHbift A for the p-al7posee ofproviding education and he-:Plfq services for coninnutruty n- embers wid for COTUNTITY and said con-ununity members to lase f--.qe associated parking lot. 2. Term. The term of this Agreelment shall be for a five(5)year period commencing May 1, 2001 and ending April 30, 2006, 3, Fee. As consideration for this Agreement, COI NITY agrees to pay a no-n-refundable,fee of one dollar{$1.00)per year. payable in advance upon execution of this Agree-n-,ent. 4. Use of Premises: COUNITY's use of Prem ises shall be Qin cited to programs run by COUNTY pm aunt to this Aareeine-nt. COLTNTY does not have the rig'-it to construct any in!prove-meats or fixtures on the Prernises without the prior written pen-nission of DISTRICT. Any improvements or fixtures constructed on the Prernises by COUNTY shall be the property o-f`DISTR:CT atid are not rei-novable by CO `TY. 5. RlghtofUse: COUNTY shall have, exclusive use of the areas designated"Exclusive" on Exhibit and shall have nonexclusive-ase of the areas designated"'Comanan"on Exbibitk DISTCT shall be responsible for coordinating the use of the Common areas, Use of Co ,mon areas will be granted at the discretion of DISTRICT. DISTRICT shall have the fiffst priority in the use of the Com M-on areas oil the Premises. No one, including the DISTIUCT, shall have the right to use any areas in the Premises when the GOWN is scheduled to use them nursuant to DISTRICTS calendar of plan-ned uses, unless the COUNTY consents in writing. 6. Revocable Use: The rights granted hereunder m ay be immediately revoked by the DISTRICT upon a breach of any term oIN-1-iis Agreement and shall be automatically revoked at the end of the e te, qr� this Ag� ent, unless this Ag- of reement is superseded or amended in writing to extend the f term. 7. It is understood and agreed that DISTRICT may have lease agreements with other organizations- for portions of the Premises. COUNT Y agrees to take all Drecaufions required to avoid datnage to airy user of the Premises, -_including all facilities in the Premises. & Utilities Expense: lifl-Fective July 11, 2002, COUNTY shall pay to DISTRICT $300.00 per month for all, electricity, water, sewer and trash collection services supplied to the Premises. This amount will be rev --wed annually and modified as necessary to cover the DISTRICT'S costs. 9. Maintenance and Repairs: A. DISTRICT shall maintain and repair as deemed reasonably necessary by DIS T.RICT. the roof and exterior of the Premises aid shall maintain and repair as deemed necessary by DISTRICT the stnuct, al integrity of the P.-emises, including the exterior doors and their fixtures, closers and hinges, glass and glazing, and all locks and key systems used in the Premises. B. DISTRICT shall inahitairi and repair as deemed reasonably necessarybyDISTRICT all portions of fh-tePre--mises, including those portions occupied exclusively by COUNTY. C. DISTRICT shall maintain and repair as deemed reasonably necessary by DISTRICT the electrical, lighting.. water and plumbing systems used in the Prer-riises. D. DISTRICT shall maintain and repair as deemed reasonably necessary by DISTRICT the beating, ventilatng, and air-conditioning systems of;,he P-reirlises, 2 E. DISTRICT shall maJintairq and repair as deemed reasonably necessary by DISTRICT the parking lot, landscapftig, sprinkler system, and exterior lighting system of the Prermses. F. DISTRICT shall provide and install, at tete direction of the Flr--Marshall, the necessary I i thereafter number of A-B-C fire extinguishers for the Premises at no cost.to COUNTY. DT ISTRIC� shall I e maintair, repair, and replace said extinguishers as required by law. G. COUNTY shall maintain and repair as deemed reasonably necessary by COUNTY all irnmovements and fixtures which it constructs on the Premises as approved by DISTRITC71,pursuant to Paragraph 4 of this Lease Agree bent, H. COUNTY shall at all til m es use the Premises in a careful, safe, and cautious manner, 1. DISTRICT shall be resnonsible for maintaining the Premises, free of code violations so long as the Premises are used as originally intended. I-,,the event that COUNTY makes changes in the com-Tyranity education and health ser,,ices program on the P.-.rnises which creates the need for alteration or improvements on the Premises, COUNTY will be responsible for corrections of any code violations. 10. Access to and Confidentiality of Records: Insofar as DIST RIC T provides COUNTY and assigned COUNTY personnel with access to -.Xisti-.,,qg student health records, COUNTY and assigned COUNTY personnel agree to maintain the conflide.-Litiality of such existing records and of any student health records which may be developed in the course of the COUNITY's performance under this Agreement. COT-�NLTY and assigned COUNTY personnel agree not to divulge information contained in any student health records except as reqUired or permitted by law. Lisof'--r as COUNTY- provides DISTRICT and assigned D1 STRICT personnel with access to existing--I,.--r-.t/patient,.-r.edicaI records, DISTRICT and assigned DISTRICT personnel agree to maintain he confidential- of such existing records and of any client/patient ra,edical records which' 'ch may be developed in the course of CO'kj--N'TY'st)erfor�an.-eorder this Agree--n-,nt. DISTRICT and assigned DISTRICT personnel agree not to divulge infer-nation contained in any chent/patient rnedical records except as required or permitted by law. 3 IL Notices: All not-ices given hereunder shall be in writing and shall be deemed to have been give-n if personally delivered or deposited in the United States mail,postage prepaid, certified or registered, return receipt requested, and addressed to the oth.r party as -fol-I'lows or as otherwise designated by written notice'hereunder L-or time to time: To District: to Diablo Unified School District Risk Management Department 1936 Carlotta Drive Concord, CA 94519 To County.- Contra Costa County General Services Department Tease Manangern ent Division 1220 Morello Avenue Suite 100 Mattinez, CA 94553 12. Custodial Service: Ae It isunderstood and agreed DISTRICT shall provide custodial services as shown on E-xhi.bit "Bs, attached hereto and made a part hereof for four(4)hours per day, Monday through Friday, excludiriR DIS TRI,CT holidays and weekends. Be The hours of work for custodial services in the COUNTY clinic will be from 7:00 p.m. to 11:00 p-m. 11hese hours shall be maintained year-round including periods of non-school days (s=�e-r, winter aid spring bref--ks). These hours shall be reviewed jointly by DISTRICT anc! COUNTY on a quarterly basis or as necessary. Either one of the parties ray request such a review at any time when a need axises. C. A_";! labor costs Oncluding staff trainLng) shall be borne by the COUNTY a,the rate o.1$20.00-,er hour including employee benefit costs (or$1,600.00 per moiit--I[i), This amount will be reviewed annually and--modified as necessary to cover DISTRICT's costs, D. On days that DISTRICT is not in operation DISTRICT holidays and weekends) and the COU`-NTY facility is in operation, the COLT.NL'Ty shall comp!e+- an Anplicat"'On and I LV PerMitfor Use of School District Prqper�to cover the custodial costs incurred by DISTRIC"r --.^or custodial services d-m-ingthe COUNTY's hours of oper-atio-n. 4 E, Ali traiming required for staff members performing a clinic custodial service shall be perfonned by the County, E All costs of cleaning supplies necessitated by Exhibit B shall be borne by COUNTY. 13, Telephone Service: It isimiderstood and agreed that although COUNTY and DISTRICT share a common telephone system, COUNTY shall pay for its own monthly telephone service costs and DISTIUCT shall pay for its own monthly telephone service costs. 14. Alarm Systems: DISTRICT has installed ar.alarm system on the Premises, COUNTY Shali pay for all additions to the alann, system on the Premises and for all costs of monitoring the system.. COL NLTY shall be primarily responsible for responding to alann, calls, but DISTRICT's Security Department shall also be notified, Upon termination of this Agreement, COUNTY m. ay remove any or all of the alarm. equipment. 15. Insurance and Indemnification: COTUNTLY agrees to indemnify and hold harm'-less the DIS TIRICT 1-from any and all claims, costs, and liability for any da-nage, injury or death of or to &qy Person or the property of any person, including attorneys' fees, caused by the misconduct and/or negligent acts, errors or omissions of the COUNTY, its officers or employees in its use of the Premises, the COUNTY'S performance under this Agreement, or the COUNTY's perform. ance, delivery or supervision Of service-, at the Premises, save and except that COUNT' shall not be liable under this section for, any injury or damage to the extent that it is caused by the structural,mechanical or ocher faillure of buildings owned and maintained by the DISTRICT, DST agrees to indemnify and hold h&rrnless the COUNTY ftom. any and all-, claims, costs, I I - Lh and liability for any damage, injury or death of or to any person or the property of any person, including attorneys' fees, caused by the misconduct and/or negligent acts, errors or omissions of DISTRICT, its officers or employees, in the use of the Premises, in the DISTMCT°S performance under this Agreement, in the UIS TRICT's perforniance, delivery or supervision of services at the Premises, or to the extent that 5 it is caused by the structural, mecham-c-al or other failure ofbuilding owned or maintaffied by the DISTPXT. The DISTRICT shall not be liable under, this section for any injury or damage to the extent that it is caused by the COUNTY providi-ng any of the educatio,-.1-al and health services the COUNTY is ob'ligated to provide under this Agreement. A. COUNTY at its sole cost.and expense shall insure its activities in cormection witli &.is Agre-erneent and obtain, and maintain as follows: (i) Medical Professional Liability Insurance or an equivalent programs of self- insurance for bodily injury, death., property darnage and personal injury in&-i amount no less than one mIlHot'. dollars ($1,000,000)per claimant and two million dollars ($2,000,000) each occurrence, with a general aggregate offive million dollars ($5,000,000)applying. Following termination of this Agreement, coverage shall survive for the maximum reporting period available from insurance sources at-each anniversary date of sucri Insurance- Coverage shall also provide for a retroactive date of placement, coir c-iding with the effective date oaf tis Agreement. (ii) Comprehensive General Liability insurance or an equivalent.program of self- insurance with a combined single lim.-It of no less than two million dollars ($2,000,000)per occulTence. (iii) Business Auto Liability insurance or an equivalent program of self-insurance for owned scheduled, non-o-wried or hired automobiles with a wtnbined single limit no less than one million dollars ($1,000,000)per occurrence. (.,v) Workers Compensation andlEmployer's Liability Insurance or an eq, valent program.of self-insurance in a form and amount covering COUNT--."S f-1111. 1-lability under the Workers Compensation Insurance and Safety Act of the State of California as am ended 1rom tim. e to tinlp- 6 (v) Such other insurance in such amounts which from tirne-to time may be reasonably required by the mutual consent of'DISTRICT and COUNTY against other insurable risks relatingto perforniance. In addition, the COUNTY will name the Distnet as an additional insured under, at-ay and all Errors & On issions or professional liability(ile, medical malpractice) insurance. C€ NTT, upon the execution of this Agree mtent, shall f.Lrr-,ish. DISTRICT with aletter of se—H"-Insurance evidencing compliance with all requirerlients, The coverages referred to under A(i), (ii), (iii) and(iv) shall name DISTRICT as an additional insured,but only with,respect to the negligent acts or ssions o i i ployees, or mor claims of negligent acts or or of COUNTY, its officers, agents, em. trainees. Letters of self ins-wrance shall further m. ake provisions for k thirty "30) day advance written not,= to DISTRICT of any modification, change or cancellation of any of the above insurartce coverages. B. DISTRICT, at is sole cost a-id expense, shall insure its activities in connectior,with this Agreement and obtain. , keep in force and maintain: (i) Com-prehensive General Liability Insurance with a combined single"_limit of no less than one million dollars 000urr ($1,000, )per occence. I V (ii) Wofkers Conn. pensation Insurance in a form and arnount covering DISTRICT's full liability under the Workers Cornpensation Insurance and Safety Act of the State of California as amended from.time to (iii) Such other insurance in such amounts which tom time t to time may be reasonably required by the mutual consent of COUNTY and DISTRICT against other insurable risks relathng to performance. DISTRICT, upon the execution of this Agreement, shall furnish COUNTY with letters of sel-f- insurance evidencing compliance wifln all requirements, Coverages referred to-under B (i) above shah natne COUNTY as an additional insured,but only with respect to the negligent acts or omissions or C 1 .airns of negligent acts or omissions of DISTRICT, its 9 officers, agents, employees or any other person. or persons under DISTIRIC T's direct supervision. and control. Letters of self-insurance shall father make 7 provisions for thirty(30) day advance written notice to COUTNTY of any inod-ificatimn, change or cancellation ol"any of the above insurance coverages. except as be specifically provided for m elsewhere i this Agreement, COUNTY and the er DIT RICThereby each inutlially waive any and all rights of recovery ftom the oth.r in the event of damage to the Premises or property of either caused by acts of God; lightning, windstonns, hail or aircraft. Each party shall obtain any special endorsernents, if required by their insurer, to evidence compliance with the aforementioned waiver. 16. Cancellation: Each party shall have the right to cancel this Agree ment upon a six (15) month's written notice to the other party, 17. Effect of Cancellation: The terms of this Agreement shah remain III -effect after the effective date of expiration i or other t ermina-d on, with respect to wny acts or omissions by dither party in the performance of this Agreement prior to such date. 18. Non-Waiver of Breaches: The DIST CT's failure to insist, in any one or more instances, -woon strict p,lornnance of any of the covenants or conditions of this Agreement shall not be considered a waiver or relinquishment for the fafture of said covenants, terms or conditions, but the same shall continue and remain in ffill force and -effect. 19. Termination of Present License: Both parties acknowledge that COUNTY has possession of the Pr � emises in accordance with the provisions o-Ilay 1, '996 License Agreement bet weel COINTY and DISTRICT. Said May 1, 1996 License Agreement shallterminate upon.comm. ercetne.,,11, of this Lease Agreerneent. 20. Entire Agreement: This instru-ment contains the entire agreement be-weer.the parties relating to the rights herein granted and the obligations herein assn m ed. No alteration or variation of this Agreement shall be valid or binding unless mad-,in writing and signed by the parties hereto. 8 COUNTY DISTRICT COUNTY OF CON 'COST A, a M T . DLkBT 0 UNJ�jEj) SCHOOL DISTRICT Political subdivision of the State of California Dy— By Director of General Services S� vinterid.ent .EC E iI E 3 FOR,APPRO Ey. eputy y Almft,iis I, M-1, By- Leese Manager By Deputy General Services Director By Risk Manager APPROVED AS TO FO NT, COU:" Y COUNSEL:Ey n s A Ti �Q Page ---75�7,71 4�f 03 z s x MX —, 2 t ? �X -04 x gc r U> o ( ` b a g � r 3 s sirDiApg� # ri d€ MI=PPLE SCHOOL s r leis 1E a Exhibit A Page 2 Riverview Middle School/Bay Point Clinic Square Footage Room Use Common/Exclusive Number 148 3 Entry Common i 2, 3 49 Restroo s Common 4 139 Cou sal rs Exclusive Clinica �� 2Copier/Fax ! Common. 6 98 Office - a nic Exclusive Clinic 7 loo Office - MDUSD Exclusive MD SD i 423 Open Office Common t j 129 Kitchen. Co= .on j 43 Storage Room Coo j 11 i 298 Family Welcom Room Exclusive Clinic j 12 81 Reception ! Exclusive Caine 13 Restroo i coon 14 67 Lab Exclusive Clinic 15 103 ; Exam Room ! Exclusive Clinic -- - 92 Exam Room Exclusive Clinic a 17 1 132 Exam Room Exclusive C1inC I 1 493 Classroom '-/z Ex lusive Clinic i 19382 i Classroom/WIC Dental Co mon- �.�_..2-0- - 232. Half i 21, 22 449 Hall Common Exclusive use clinic: 1,256 square feet Square footage common use areas, 2,288 =- 1/2 - 1,144 1.,256 -;- 1,144 = 2,400 square feet 2,400 @ $1.50/sq, ft. = $3,600/y%ar o utilities $300,00/month - utilities (Subject to review and, modification annually) 01231 e�b M13 EXHIBIT B CUSTODL4L SER JIYCE SPECIFICA TIONS RESTROOMS � a. Clean and sanitize all vitreous fixt-wires, including sinks, uTrials and toilet bowls b. Clean glass--mirrors C. Empty all containers and replace liners dDust all-flat surfaces includingl;edges and top of partitions e. Remove spots, stains and splash marks from exposed walls and partitions f Remove fingerprints and marks on doors, L-arnes, light switches and walls 9. Refill all paper dispensers to normal limits h. Wet mop and disinfect floors i. Remove cobwebs as required Yearly Z(Sjunyder Cleaning): Thorough cleaning of restrooms a. Dust,wash and clear,all heit diff'Fusers, b. Thoroughly clean windows C, Wash all of tl--,e walls d, Thoroughly clean all vitreous fixtures, including sinks, urinals and toilet bowls (remove lime deposits) e. Strip and wax the floors EXATV AR-EAS (Includes physician' suites, exam roorns,nurse stations, waiting rooms and, secretarial rooms) . : a. Empty wastebaskets and replace 1-1-Tiers, (note: "universal bloocvbody fluid precautions"to be taken; rubber gloves require,'� b, Dust all furniture, including exposed desks, tables, countertops, shelves and cabinets (note: client papers on any s, facenot to be distlarbed) C. All medical equilornent to be maintained by clinic staff d. Clean and sazutize all surfaces of exam tables ufflizing chemicals approved by County e. Clean and sanitize sink f. Fill all paper towel and soap dispensers 9. Mop and disinfect all tile floors,utilizing chernicals approved by County I h. Rernove fingerprints and spots frome doors, frames, light switches and walls L Rem.ov-- all cobwebs as required Yeo?:L (Sumnier Cleaning}: Thorough cleani-.ng of rooms a. Was,,,, all f=dftire, shelves and cabinets (Client books and papers are not to be disturbed) b, Wash and sanitize all flat, surfaces used for patient examinations C, Wash all walls and windows d. Stria and wax all the floors e. Vacuum and shampoo carpets GENERAL PRIVATE OFFICES,LOBBY AND HALL Da 1, �2 a. Empty wastebaskets,replace liners b. Dust all-Iffi-imiture, including desks, chairs and tables CI Dust all exposed filing cabinets, bookcases and shelves (note: client papers on desks, tables, filing cabinets, etc., are not to be disturbed) d. Dust all telepliones e. Clean aid sanitize drinking fountains f Cl.-IPZ;-counter and table tops 9. Vacuum all carpeted traffic areas; spot clean as required h. lie rove fingerprints and spots from doors, games, light switches and walls i. Wet mo-o and disinfect vinyl floors R cobwebs emove all k. Clean&qd disinfect all fabric upholstered chairs Year! 2 (Sumrier Cleani M. - a. Strip and wax vinyl floors b. Wash all exterior windows inside and out C. Vacuum=d shampoo all carpets KITCHEN a. Clean and sanitize all counter tops b. Scrub and sanitize the sire c. Refl'.-I soap and paper towel dispensers d, Wipe and sanitize the top and outside surfaces of the re e. Clean food and beverage spi'lls inside the refrigerator f. Wipe and clean the refrigerator door gaskets & Clear-and sanitize the microwave(inside and outside surfaces) h, Rernove trash and replace liner i. Wet mop and disinfect the floor MISCELLANEOUS: D q Lily: a. Remove trash and place in designated containers b. Report any building defects,vandalism, and/or unlocked doors Secure ecure all V 1 .1 doors and set alarm if applicable-uponcompletion of work ,4s Wedel: a. Advise designated clinic employee of needed custodial supplies b. Enter all cornmund"cations in log book provided by chrue C. Top scrub, apply restorer arid.ifigh-speed buff surfaces on all the cors to restore shine SUPPLIES AND EQUIFNIENT: COUNTY agrees to-provide all liners, paper supplies, disinfectants, sanitary napkins, hard soap, and all other cleaning supplies. DISTRICT agrees to provide 11gight bulbs and standard cleaning equipment such as vacuum cleaners,mops and brooms. BIOHAZARDOUS REFUSE: COUNTY shall be responsible for containment and disposal of biohazard class of refuse resulting from 1 - - ,n COUNT-Y's occupancy of the premises. COUNTY shall be responsible for tile cost of any irn-provernents it requires for security of the biohazard waste receptacle. 2