HomeMy WebLinkAboutCC RESO 11,774RESOLUTION NO. 11,774
A RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF SAN DIEGO FOR JOINT USE
OF CITY OF NATIONAL CITY FACILITIES
(South Bay Judicial District)
WHEREAS Assembly Bill No. 3217 establishing a
South Bay Judicial District has been enacted into law; and
WHEREAS the County of San Diego wishes to utilize
existing City Council Chamber facilities as a temporary court
room to serve said Judicial District until a permanent court
site is established; and
WHEREAS the County will make certain modifications
to the Council Chambers at County expense in order to accom-
modate the court as set forth in the lease documents;
NOW THEREFORE BE IT RESOLVED that the Mayor is
hereby authorized to execute on behalf of the City an agree-
ment providing for the lease of said Council Chambers by
the County beginning July 1, 1975.
Reference is hereby made to said lease, a copy
of which is on file in the Office of the City Clerk for
all particulars contained therein.
PASSED AND ADOPTED this 13th day of May, 1975.
ATTEST:
BY:
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF NATIONAL CITY FOR JOINT
USE OF CITY OF NATIONAL CITY FACILITIES
THIS AGREEMENT, made and entered into this ) J 1 L day of j'L(4;,
1975, by and between the COUNTY OF SAN DIEGO, a political subdivision o the
State of California, hereinafter referred to as "County" and the CITY OF
NATIONAL CITY, a municipal corporation, hereinafter referred to as"City".
WITNESSETH:
WHEREAS, City is the owner of real property hereinafter referred to as
"Civic Center", and more particularly the "Council Chambers" therein, as
shown on Exhibit "A" attached hereto and by this reference incorporated
herein; and
WHEREAS, Legislation has been enacted by the State of California
establishing the South Bay Municipal Judicial District; and
WHEREAS, it is necessary for the County to provide Municipal Court
facilities for the District so created; and
WHEREAS, there is no space currently available to the County, and City
desires, on a temporary basis, to provide for joint use of City's Council
Chambers; and
WHEREAS, the parties hereto agree that time is of the essence of
this Agreement.
NOW THEREFORE, in consideration of the recitals and mutual obliga-
tions of the parties as herein set forth, City and County do agree as
follows:
COUNTY OF SAN DUO
CONTRACT r.
NUMDER`iQi = 53J_0 g
(Reference Love number
in each communication
regarding this contract)
1. ADMINISTRATION. This Agreement shall be administered on behalf of
County by the Director, Department of Real Property, Public Works Agency,
County of San Diego, hereinafter referred to as "County's Agreement Admin-
istrator", and on behalf of the City of National City 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 shown on Exhibit "A" hereto, and by this reference incorporated
herein, as well as the City's jail facilities, both of which are hereinafter
referred to as "Described Premises", under the terms and conditions herein-
after set forth.
3. TERM. The term of this Agreement'is one (1) year, commencing
July 1, 1975, and terminating one (1) year thereafter. County is hereby
granted an option to extend the term of this Agreement for five additional
periods of one_(1) year on the expiration of this Agreement and under the
same. terms, covenants and conditions. The option shall be exercised by
written notice setting forth the County's election to exercise the option
delivered to the City or by United States mail thirty days prior to
expiration of the term hereof.
4 (a). RENT. The base rent reserved to City for the first year of this
Agreement shall be the sum of Two Hundred Seven and no/100 Dollars ($207.00)
per month and shall accrue when County accepts the Described Premises. 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 1st day of the month, the rental for the portion of
the term occuring in the first and last calendar months of the terms shall be
appropriately prorated. Payment of rent shall commence upon acceptance of
the Described Premises by the County's Agreement Administrator, whose
acceptance shall not be unreasonably withheld.
In the event County exercises its options to extend for any or 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.
4 (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=AXB
C
WHEREIN,
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 Clause
4(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.
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). In the event
that such index in not published for the San Diego area, then another comr
parable index or source of such information generally recognized as authori-
tative shall be substituted by agreement of the parties. If the parties should
not agree, such source of information shall be determined by arbitration pur-
suant to the provisions of the California Code of Civil Procedure.
4 (c). COST REIMBURSEMENT. County shall not be responsible for 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
to County prisoners incurred by City in connection with County's use of City's
jail facilities, such as serving of meals, emergency medical services or
any other necessary services, should be billed by itemized statement to
County quarterly in arrears. Such billing shall be forwarded to the Marshal
or the Municipal Court, who shall arrange payment for same within 30 days
after receipt of such billing.
5. COUNTY'S PERMITTED USE. The Described Premises shall be used for
Municipal Court and temporary prisoner detention purposes and for no other
purposes by the County.
6. UTILITIES. City shall provide and pay for all utilities neces-
sary for County's use of the Described Premises pursuant to this Agreement.
4
7, JANITORIAL SERVICES AND TRASH REMOVAL. City shall provide all
janitorial and trash removal services which are required by County's use of
the Described Premises.
8. REPAIRS. City shall provide, at its sole expense, all interior
and exterior repairs and maintenance required at the Described Premises,
except that 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.
9. IMPROVEMENTS, 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 with-
out, in each instance, first securing the written 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 Premises 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 im-
provements shall be modified in a manner prescribed by the City.
10. 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.
11. SPECIAL CONDITIONS.
A. ,WASTE:CARE OF PREMISES. County shall 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 nuisance on the
Described Premises.
B. INSURANCE. County agrees to maintain a combined program of
insurance and self-insurance throughout the term of this Agreement. County
agrees to furnish to City a certificate of insurance naming the City a's
additional insured in the amounts as follows:
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.
32. HOURS OF USE. The Described Premises shall be available to County
during regular Court hours, 8:00 A.M. to 5:00 P.M., Monday through Thursday,
and 8:00 A.M. to 4:00 P.M. on Friday. Scheduling cf availability for City's
use during said hours shall be accomplished by City Manager and County's
Presiding Municipal Court Judge. In the event a dispute arises, County shall
have the final decision as to when City may use the Described Premises during
said hours. City shall have exclusive use of the Described Premises at all
other times. ,
13. SECURITY. County shall provide adequate provisions for the
security of the Described Premises. If City determines additional
security is reasonably necessary to keep the Described Premises secure, it
shall be provided at County expense.
14. SIGNS. 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 counterparts, 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 counter-
parts of this Agreement may be separately 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.
16. ENTIRE AGREEMENT. The parties hereto have set their hands on the
date first above written.
ATTEST:
Ione Minogue Campbell
City Cle
by:
cting
/ 1
eputy
Approved by the Beard of Supervisors Of
the County :f Sa- Dieg:
MAY 13 1975 zr'
^krk of the Board of Supervisors
CITY 0._NATIONAL CITY, a municipal
Corporation
/.
By
COUNTY F SAN DIEGO, a political subdivision
of th S ate of California,
id-dbLIOS
Clerk,. Board of Supervisors
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