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County shall have shared use of common areas, including restrooms, hallways, entrances, parking spaces, and other similar facilities in and surrounding the Premises.
Term. The Term of this Agreement shall commence on July 1, 2023 and terminate at 11:59 p.m. on June 30, 2026, subject to the provisions of Paragraph 11 herein.
5. License Fee. County shall pay Licensor a monthly license fee for use of the Premises during the term of this Agreement as indicated below:
Monthly License Fee Amount: Year:
$900.00 July 1, 2023 - June 30, 2024
$927.00 July 1, 2024 - June 30, 2025
$954.81 July 1, 2025 - June 30, 2026
The monthly license fee for use of the Premises is payable in advance, on the first day of the month or as soon thereafter as a warrant can be issued in the normal course of County business.
6. Utilities. County shall pay for all telephone services used in connection with the Premises. County shall pay for 60% of all other utilities as may be required in the maintenance, operation and use of the Premises including electricity, gas, water, sewer and trash service. The amount will be due and payable on a monthly basis as billed by Licensor.
7. Maintenance.
(a) Licensor shall keep the Premises in good and suitable condition for the uses herein, and in compliance with Federal, State and local laws, ordinances, rules and regulations relating to fire, health and safety. Licensor shall maintain the exterior and the interior of the Premises, including, but not limited to, pest control, air conditioning equipment, heating equipment, plumbing, electrical wiring and fixtures, windows, structural parts, and grounds in good working condition and repair and in compliance with such laws, ordinances, rules and regulations.
Licensor shall strip and wax all common area floors biannually. (b) When major repairs or replacement are required on the Premises, including, but not limited to, replacement of flooring, repainting, and replacement of ceiling tiles, Licensor and County will work in good faith to share in the costs for such repairs or replacement.
The distribution of such costs will be memorialized in a separate agreement. Notwithstanding the foregoing, County agrees to pay one hundred percent (100%) of the costs associated with the following projects: (1) the project known as the Community Center Floor Repair Project and (2) the range replacement project.
The costs for the Community Center Floor Repair Project shall not exceed Eighty-Four Thousand Six Hundred Thirty-Four Dollars ($84,634.00); $76,939.84 representing Licensor's estimate of construction costs, and $7,693.98 representing a construction
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contingency for the project. Licensor and County shall work in good faith to determine the scope of work of such project. Licensor shall obtain County's written approval prior to approving any change orders utilizing the contingency funds for such project. County's approval shall not be unreasonably withheld. Any change order submitted to County shall be deemed approved if no response is received by Licensor within 48 hours from Licensor's request for approval. (11) k The costs for the stove replacement project shall not exceed Seventeen Thousand Two Hundred Ninety-Five Dollars ($17,295.00) without County's prior written approval. Licensor and County agree that the scope of work for the project consists of the removal of the existing 36-inch range and installation of a new 48-inch Wolf Challenger Series 8 burner range and modifications to the Ansul System to accommodate the new range. (iii) Licensor will invoice County upon the completion of each project.
County shall pay each invoice within thirty (30) days.
(C) County shall keep the Premises in a neat and sanitary condition, including providing janitorial services and cleaning supplies for the areas in use during County's use of the Premises, and County shall comply with the California Retail Food Code (section 113700, et seq. of the Health and Safety Code) and Riverside County Health Regulations. County shall leave all appliances in a clean and sanitary condition following any use by County of any such appliances.
County shall not be responsible for the common hallways or lobby. (d) Licensor and County shall share in the costs associated with maintaining the grease trap located at the facility. Licensor will schedule maintenance of the grease trap up to twice per year, as such maintenance is deemed necessary by Licensor. Licensor will bill the County for one-half (1/2) of the costs associated with said maintenance. County shall pay such invoice within thirty (30) days.
County shall maintain the Automatic Fire Extinguishing System used in connection with the County's nutrition program according to Section 904.13.5.2 (Extinguishing system service) of the 2022 California Fire Code.
(f) Licensor and County recognize that the Premises is a shared facility and that on occasion the banquet room, kitchen and restrooms are rented out to the community for private functions. Therefore, it is the responsibility of the Licensor to inform any party using any portion of the Premises that the kitchen, banquet, and restrooms must be left in clean condition after each and every function. In the event the kitchen, banquet rooms and/or restrooms are not left in a clean condition, then County shall request in writing that Licensor immediately clean the kitchen, restrooms and/or banquet room, as needed. It is the responsibility of the County to leave the kitchen, restrooms and banquet room in a clean and sanitary condition on Fridays. Should the
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County fail to do so, Licensor will notify County and County shall immediately clean the areas of use by County. If County fails to immediately clean such areas upon request by Licensor, Licensor may clean such areas and may invoice County for the costs incurred to clean such areas. County shall pay such invoice within thirty (30) days.
8. Improvements by County.
(a) County shall not make any alterations or improvements or install any fixtures in or on the Premises without the prior written approval of Licensor. If County desires to make any alterations, improvements or install any fixtures in or on the Premises, County shall submit such request in writing to Licensor, together with detailed plans for any such proposed alterations, improvements, or fixtures. Such approval shall not be unreasonably withheld by Licensor.
(b) All alterations, improvements and fixtures approved by Licensor shall be constructed at County's sole expense.
(C) Licensor may impose any conditions it deems necessary or appropriate in connection with the approval of any alterations, improvements or fixtures requested by County.
Licensor may also impose reasonable rules and regulations for contractors and subcontractors performing any approved alterations or improvements or installation of fixtures. County shall cause all alterations, improvements, and installations of fixtures to be accomplished in a first- class, good, and workmanlike manner by qualified and licensed contractors and subcontractors. (d) All alterations, improvements and fixtures installed by County shall remain County property and may be removed by County at or prior to the expiration of this Agreement; provided, however that such removal does not cause injury or damage to the Premises, or in the event it does, the Premises shall be restored to the satisfaction of the Licensor.
9. Equipment and Supplies. County may, upon obtaining the permission of Licensor, store equipment and supplies within the Premises which are necessary to accommodate County's use of the Premises. All such equipment and supplies shall remain the sole property of County and shall be removed by County upon the termination of this Agreement.
County agrees to indemnify and hold Licensor harmless from responsibility or liability for theft or loss of County's equipment and supplies which are stored on the Premises, except as to such theft or loss caused by Licensor, and in that event, Licensor shall compensate County forthwith upon an accounting and billing therefore.
10. Insurance. Licensor shall procure and maintain during the term of this Agreement, fire insurance and extended coverage on the building in which the Premises are located. Licensor shall provide County with satisfactory proof of such coverage.
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County shall obtain and maintain during the term of this Agreement insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with County's operations and/or use of the Premises. The cost of such insurance or program of self-insurance shall be borne by County.
Minimum Coverage. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000.00) per occurrence. b. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. c. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
If County maintains broader coverage and/or higher limits than the minimums shown above, Licensor shall be entitled to the broader coverage and/or higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Licensor.
Endorsements. County's program of self-insurance shall contain the following provisions:
a. Indemnified Party Status. The City of Blythe and its elected and appointed boards, officers, officials, agents, employees, and volunteers are to be covered as an Indemnified Party on the County's program of self-insurance with respect to liability arising out of work or operations performed by or on behalf of the County of Riverside including materials, parts, or equipment furnished in connection with such work or operations.
b. Notice of Cancelation. Each insurance policy required above shall provide that coverage shall not be canceled, suspended, voided, nor the coverage or limited reduced, except with thirty (30) days written notice to Licensor.
Upon approval by Licensor, the required endorsements set forth herein may be satisfied by County's Certificate of Self-insurance.
Waiver of Subrogation. County hereby waives all rights of subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to Licensor.
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County and shall provide Licensor Certificates of Insurance or a Certificate of Self- insurance to comply with the insurance requirements stated herein.
11. Option to Terminate.
(a) County shall have the option to terminate this Agreement if the Premises are destroyed or damaged to the extent that they cannot be repaired within thirty (30) days. If the damage can be repaired within (30) days, and during said period, the license fee shall be prorated as to any portion of the Premises not usable by County. County reserves the right to determine what, if any, portions of the Premises are usable.
(b) Either party hereto may terminate this Agreement by giving One Hundred Eighty (180) days' notice thereof, in writing, to the other.
12. Hold Harmless. County agrees to indemnify, defend and hold harmless Licensor, its officers, officials, agents, and employees, from all loss, cost, and expense, including attorney fees and court costs, arising out of any liability, or claim of liability, for personal injury, bodily injury to persons, contractual liability, or damage to property based or asserted upon any act or omissions of County, its officers, employees, contractors, agents or representatives, arising out of, or which may in any way be connected with, County's use of the Premises or this Agreement.
Further, County will pay for any and all damage arising from the County's occupation of the Premises. The provisions of this section do not apply to any damage or loss caused by the active negligence or willful misconduct of Licensor, or any of its officers, officials, agents, employees, volunteers, or invitees.
13. Notices. Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:
LICENSOR: COUNTY:
City of Blythe County of Riverside
235 N. Broadway Facilities Management
Blythe, CA 92225 Real Estate Division
Attn: City Manager 3450 14th Street Suite 200
Riverside, CA 92501
Attn: Deputy Director
[email protected]
(951) 955-4820
or to such other addresses as from time to time may be designated by the respective parties.
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14. No Interest in Property. County understands and agrees that this is a license agreement, not a lease agreement. No tenancy is established by this Agreement and County shall have no interest in the Property as a result of this Agreement or County's use of the Premises.
15. Binding on Successors. The terms and conditions herein contained shall apply to and bind the heirs, successors in interest, executors' administrators, representatives and assigns of all the parties hereto.
16. Entire Agreement: Modifications. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter thereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous licenses, agreements, and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon written consent of the parties hereto.
17. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement. Delivery of an executed counterpart of this Agreement by a pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.
SIGNATURE PAGE FOLLOWS.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates written below.
COUNTY OF RIVERSIDE, a political CITY OF BLYTHE, a California municipal subdivision of the State of California corporation
By: By:
Chuck Washington, Chair Joseph DeConinck
Board of Supervisors Mayor
Dated: Dated:
ATTEST: ATTEST:
Kimberly A. Rector
Clerk of the Board
By: - By:
Deputy Mallory Crecelius, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Minh C. Tran, County Counsel
By:
Braden Holly BY Brittany Roberto
Deputy County Counsel City Attorney
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EXHIBIT A
DEPICTION OF PREMISES
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Licensed Space Licensed Space
→ So. Sto.
Kitchen
260 Sq. Fi.
Panty 1
110 Sa FI. V
Banquet Room Pantry 2
2,752 So. Ft. Total 90 Sq. Ft.
Sto.
Women
Restroom
Sto.
Lobby
Office Office
122 Sq. Ft. Restroom
Office Men
Restroom
Licensed Space
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TORMINS FIEST
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: May 14, 2024
SUBJECT: Hidden Beaches Water Supply System Improvements Project Design PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended that the City Council authorize the Interim City No her to exevurt gremousand and nine hundred dollars holars (S27,4 ardesign and extin, lanager to execute Agreement No. 2 services for the Hidden Beaches Water Supply System Improvement Project, once reviewed and approved by the City Attorney.
FISCAL IMPACT: $277,940.00 from the Water Utility Fund.
Earlier this year, staff submitted a funding application to the State Water Resources Control Board to fund the construction of the Hidden Beaches Water Supply System Improvement Project.
BACKGROUND: The City owns and operates three water systems to supply potable water to the residents of Blythe. The systems include the City of Blythe, Mesa Ranch and Hidden Beaches. The Hidden Beaches water system needs water treatment, filtration, and storage improvements to comply with orders issued by the State Water Resources Control Board (SWRCB).
In August 2023, the City received a Compliance Order (the "Order") from the SWRCB regarding manganese levels in the existing well. The City is required to demonstrate to the Water Board that with the implementation of a water treatment system, the concentration of manganese in the water delivered to customers will meet the State water quality standard by no later than August 10, 2026.
The Order required the City to file a Corrective Action Plan by February 28, 2024. To comply with the Order, in October 2023, the City engaged The Holt Group to prepare a Preliminary Design Report for the Hidden Beaches Well Site and Manganese Removal System. Until the City is compliant with the Order, the City is required to sample the water quarterly and provide notice to all customers served by the Hidden Beaches system.
To address the Order, the proposed project includes the addition of a package treatment system to the existing water supply system to reduce manganese levels in the water source. The existing 330,000- gallon water reservoir that serves the Hidden Beaches Water System is more than 20 years old and has met its useful life. To address this, the water reservoir will be replaced as part of the water system's improvement project.
In February 2024, the Council adopted a resolution authorizing staff to file a financial assistance -262-
application with the SWRCB for the Hidden Beaches Water System Treatment, Filtration and Storage project. The application requests $1.98 million in funding for the improvements to the Hidden Beaches Water System. In May, the City Council adopted a Notice of Exemption for the project to satisfy the environmental review requirements. The next step is to design the project and prepare the bid documents. Once the project is designed and funding secured, staff will release a notice inviting bids to construct the Water System Improvements at the Hidden Beaches Water System.
STAFF REPORT: In October 2023, The Holt Group was contracted to provide engineering services associated with the preparation of a Preliminary Engineering Study and response to the State Water Resources Control Board Division of Drinking Water Compliance Order No. _23R-002- Secondary Maximum Containment Level Violation for 2023 for the Hidden Beaches Public Water System. The Preliminary Engineering report addressed the items affected by this Order for the Hidden Beaches Well Site, specifically regarding the development of a Manganese Removal System for the Well Site. The Preliminary Engineering Report was sent to the State for review, along with the funding application to construct improvements to the Hidden Beaches Water System as outlined in the Preliminary Engineering Report.
Due to their knowledge and previous work on the Hidden Beaches Water System, the Holt Group was asked to prepare a proposal for contract Civil Engineering Design and Bidding Services for the Hidden Beaches Water Supply System Improvements Project. The project includes the design of a 20,000-gallon raw water storage tank, a 200 GMP VDF pump station, Backwash Management System and settled Backwash Pumping System, a chlorine feed system, Water Well No. 2 for redundancy in the water system along and installation of a new 330,000-gallon ground storage reservoir.
This proposal will produce the engineering, design plans and bidding documents necessary to secure a contractor to perform the work to bring the City into compliance with the Board Order. Therefore, it is recommended the City Council authorize the Interim City Manager to execute Agreement No. 2024-038 A with The Holt Group in an amount not to exceed two hundred seventy-seven thousand and nine hundred dollars ($277,940) for design and bidding services for the Hidden Beaches Water Supply System Improvement Project, once reviewed and approved by the City Attorney.
ATTACHMENTS: None
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REPORTS
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PUBLIC
COMMENT
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ADJOURN
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