Loading...
HomeMy WebLinkAboutStaff Report 4.B 11/17/2014DATE: M FROM: November 17, 2014 Honorable Mayor and Members of the City Council through City Manager Sue Castellucci, Housing5�"G SUBJECT: An Ordinance Authorizing Lease of Real Property Located at 1500 Petaluma Boulevard South, Petaluma, CA (APN: 019-210-012) to the Committee on the Shelterless (COTS) and Authorizing the City Manager to Execute the Lease and Related Documents RECOMMENDATION It is recommended that the City Council adopt the attached an Ordinance Authorizing Lease of Real Property Located at 1500 Petaluma Boulevard South, Petaluma, CA (APN 019-210-012) to the Committee on the Shelterless (COTS) and Authorizing the City Manager to Execute the Lease and Related Documents. BACKGROUND The City of Petaluma has historically acted in partnership with local nonprofits to address the Council's goal of providing safe, decent, affordable housing for the community's low-income people. The Committee on the Shelterless provides essential social and human services to the homeless community in Petaluma. The property at 1500 Petaluma Blvd. South, which is owned by the City of Petaluma, was rehabilitated in 1990 to be used as Petaluma's Human Services Center. In 1991, Petaluma People Services Center and COTS both entered into leases to use the space for their programs and services. In 2011, COTS moved the Family Homeless Shelter to the Mary Isaak Center (MIC) to consolidate expenses for their homeless programs due to future funding shortages. However, in the process of moving the program to the MIC, COTS discovered that the California Housing and Community Development Department, the agency that helped fund the construction of the center, restricted the use of the second floor to family transitional housing. DISCUSSION Since the closure of the family homeless shelter, COTS has not had the resources to service homeless families in an emergency shelter. The families that need homeless shelter have been referred to the Catholic Charities Family Emergency Shelter in Santa Rosa, where they are placed on a waiting list. In entering into the attached lease, COTS can re -open the family shelter and provide needed shelter and services to homeless families in Petaluma. The lease term is for five years and rent is $1.00 per year. The direct benefits to the City and to the greater Community off -set that there is no income derived from the lease. COTS provides case management, essential services and support for over 500 unduplicated homeless single adults and for over 34 families. As well, COTS provides a safe shelter for homeless families to sleep and eat meals. The cost of maintenance on the portion of the building that COTS will use is the responsibility of COTS. In order to move into the space. COTS is also making minor alterations such as painting, installing new flooring, etc. Discounting the rent charged to COTS to below a market rate as proposed would typically make related improvement work carried out on the property subject to payment of prevailing wages. However, the work COTS plans to perform on the property may be exempt from prevailing wages so long as the services to be provided under the lease are emergency or transitional shelter and ancillary services and assistance to homeless adults and children and COTS provides not less than 50 percent of the total project costs (excluding lease costs) from nonpublic sources. The attached proposed lease agreement provides that improvement work done pursuant to the lease is subject to payment of prevailing wages unless COTS and the City agree in writing otherwise. Pursuant to the requirements of the California Environmental Quality Act (CEQA), Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), sections 15061, 15301, the action qualifies for a categorical exemption because it involves operation, repair, maintenance, permitting, leasing, licensing and minor alteration of an existing facility involving negligible or no expansion of use beyond that existing at the time of the City's determination. Currently about half of the square footage of the City owned property at 1500 Petaluma Boulevard South are leased to PPSC for homeless prevention services, tenant landlord mediation and fair housing programs. Leasing the remaining half of the facilities (about 5,000 square feel) to COTS and authorization of minor rehabilitation and repair pursuant and provision of emergency shelter services to the lease will not result in significant expansion of use of the properly in terms of impacts on the property and the neighborhood beyond the current impacts of the PPSC services being offered on site. FINANCIAL IMPACTS In consideration of the fact that COTS is providing a valuable conununity service as noted above, the rent on the leased space will be $1.00 per year. Funding of their social service program relating to the family emergency housing and the minor rehabilitation will be provided by a private funder. ATTACHMENTS 1. Ordinance 2. Lease 3. Memorandum of Lease EFFECTIVE DATE OF ORDINANCE Introduced by ATTACI IM ENI' # 1 ORDINANCE NO. N.C.S. Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING A LEASE AGREEMENT, BETWEEN COMMITTEE ON THE SHELTERLESS, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ("TENANT") AND THE CITY OF PETALUMA ("LANDLORD") FOR A PORTION OF IMPROVED REAL PROPERTY(APN 019-210-012) ("PREMISES"), 1500 BOULEVARD SOUTH PETALUMA, PETALUMA, CA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE LEASE TRANSACTION WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified actions for the acquisition, sale, or lease of real property be taken by Ordinance; and, WHEREAS, Landlord owns in fee simple real property located at 1500 Boulevard South Petaluma, Petaluma, CA (Assessor's Parcel Number: 019-210-012), which has been improved with a building ("Property"); and WHEREAS, Landlord currently rents half of the Property to Petaluma People Services for performance of homeless prevention services, tenant landlord mediation and fair housing programs, but the other half of the Property, approximately 5,000 (five thousand) square feet, is vacant; and WHEREAS, currently, Tenant provides essential social and human services to the homeless community in Petaluma at the Mary Isaak Center, but due to restrictions at the Mary Isaak Center, is not able to offer emergency shelter to homeless families; and WHEREAS, Tenant desires to offer emergency shelter to homeless families, and the Landlord desires to provide a location at which the Tenant may offer such services, subject to the terms and conditions of the lease attached to and made a part of this ordinance as Exhibit A; and WHEREAS, the City Council finds this action qualifies for categorical exemption under the California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), sections 15061, 15301 because the project involves operation, repair, maintenance, permitting, leasing, licensing and minor alteration of an existing facility involving negligible or no expansion of use beyond that existing at the time of the City's determination, in that leasing to COTS about half or 5,000 square feet of the City owned property at 1500 Petaluma Boulevard South provision of emergency shelter services pursuant to the lease will not result in significant expansion of use of the property in terms of impacts on the property and the neighborhood beyond the current impacts of the PPSC services being offered on site.. 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: The above recitals are true and correct and incorporated into this ordinance as findings of the City Council. Section 2: The City Council approves the lease, between the City of Petaluma as Landlord, and COTS, as Tenant, a copy of which is attached as Exhibit A. Section 3: On behalf of the City, the City Manager is authorized and directed to execute documents substantially in accordance with Exhibit A, as determined by the City Attorney, and all other documents reasonably necessary to complete the lease transaction. Section 4: If any section, subsection, sentence, clause, phrase or work of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful other otherwise invalid. Section 5: This Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and ordered posted this 1711, day of November 2014. ADOPTED this _ day of , 2014 by the following vote: Ayes: Noes: None Abstain: None Absent: None ATTEST: David Glass, Mayor APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney ATTACHMENT 92 LEASE This Commercial Lease Agreement (the "Lease"") is entered into as of , 2015, by and between the City of Petaluma, a California charter city ("Landlord") and Committee on the Shelterless, a California nonprofit public benefit corporation ("Tenant"). Landlord and Tenant are hereinafter referred to individually as "Party" and collectively as "Parties." RECITALS A. Landlord owns in fee simple real property located at 1500 Boulevard South Petaluma, Petaluma, CA (Assessor's Parcel Number: 019-210-012), which has been improved with a building ("Property"). B. Landlord currently rents half of the Properly to Petaluma People Services, but the other half of the Property, approximately 5,000 (five thousand) square feet is vacant. C. Currently, Tenant provides essential social and human services to the homeless community in Petaluma at the Mary Isaak Center, but due to restrictions at the Mary Isaak Center is not able to offer emergency shelter to homeless families. D. Tenant desires to offer emergency shelter to homeless families, and the Landlord desires to provide a location at which the Tenant may offer such services, subject to the terms and conditions herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. PREMISES: Landlord hereby leases the Property to Tenant in accordance with this provision, including approximately half of the building, unimproved areas of the Property, driveways, parking facilities, and pedestrian and vehicular ingress, egress and travel ways , (the "Premises"), all as depicted in Exhibit A attached hereto in accordance with the provisions of this Lease. Common and shared use facilities in and around the building on the Property are included in the Premises subject to this Lease and leased non -exclusively to Tenant. Tenant's obligations regarding the Premises pursuant to this Lease, including, but not limited to, Tenant's use, maintenance and repair, indemnity and insurance obligations, apply to the entire Premises, including the common and shared use facilities, and such Tenant obligations concerning portions of the Premises leased non -exclusively to Tenant shall be joint and several with the obligations of any other entity to whom portions of the Premises may be leased non -exclusively. 2. TERM: The term of this Lease shall commence on ("Commencement Date") and continue through December 31, 2019, unless terminated sooner in accordance with the provisions of this Lease (the "Rental Period"). The Parties agree to execute and record a Memorandum of this Lease in the official records of Sonoma County. 3. RENT: In consideration of the fact that COTS is providing valuable community service, Tenant shall pay annual rent for the period in the sum of $1.00 per year for the use and occupancy of the Premises. due as of the Commencement Date and each anniversary thereof. 4. TRIPLE NET LEASE: This is a triple net lease to Landlord. It is the intent of the Parties that the Rent shall be an absolutely net return to Landlord. Tenant shall pay all costs and expenses relating to Tenant's occupancy of the Premises of any kind or nature whatsoever. Such costs and expenses include, without limitation, all amounts attributable to, paid or incurred in connection with Tenant's operation, repair, maintenance (whether interior or exterior) and management of the Premises; all taxes and assessments; insurance premiums; security; janitorial services; labor; costs of licenses, permits and inspections; and all other costs and expenses incurred or paid by Tenant with respect to the Premises. 5. USE: The premises shall be used as emergency shelter for homeless families with children, COTS administrative offices, and social service programs related to family emergency shelter ("Use"). No other use may be conducted on the Premises other than the Use. Landlord may treat any other use of the Premises by Lessee as an Event of Default. Permission granted for the Use in this Lease does not constitute regulatory approval, and to the extent that such Use is subject to any regulatory approval or permit, such Use shall not commence until any and all applicable regulatory approvals and/or permits have been granted. 6. COMPLIANCE WITH LAWS. Tenant shall procure and maintain all governmental approvals, permits and licenses required for the lawful conduct of Tenant's permitted use of the Premises and shall comply with all state, federal and local laws, rules and regulations in connection with its use and occupancy of the Premises. Landlord may treat Tenant's failure to comply with such state, federal and local laws as an Event of Default. 7. UTILITIES AND SERVICES: Tenant shall pay when due all charges or assessments for telephone, water sewer, gas, heat, electricity, garbage disposal, trash disposal and all other utilities and services that are supplied to the Premises. 8. MAINTENANCE AND REPAIR: Tenant shall maintain the Premises in a clean and sanitary condition. Landlord shall have no obligation to make repairs to or perform maintenance of the Premises. Without limiting the provisions in Section 4 of this Lease, Tenant shall pay all costs and expenses attributable to or incurred in connection with Tenant's use and occupancy of the Premises, including janitorial and landscape maintenance services. In the event that Tenant fails to maintain or keep the Premises in good repair or if Tenant's acts or omissions result in a nuisance or health or safety risk, at Landlord's option, Landlord may perform any such required maintenance and repairs. Within ten (10) days of Tenant's receipt of Landlord's invoice therefore, Tenant shall pay Landlord's costs incurred in connection with such repairs. 9. SECURITY: Tenant is responsible for providing its own security on the Premises as Tenant deems necessary in its sole discretion. 10. STATUTORY NOTICE POSSESSORY INTEREST TAX, TAXES AND ASSESSMENTS: Throughout the Term. Tenant shall pay prior to delinquency, all applicable real property taxes, possessory interest taxes, license and permit fees, sales, use or occupancy taxes, assessments whether general or special, ordinary or extraordinary, foreseen or unforeseen, of any kind or nature whatsoever pertaining to the Premises or a part thereof (collectively, "Impositions"). Specifically, Tenant is advised that under California Revenue and Taxation Code Section 107.6, execution of this Lease may create a possessory interest for Tenant subject to property taxation. Tenant hereby agrees that if such possessory interest is created and is subject to property taxation, Tenant shall be solely responsible for the payment of any properly taxes levied on any such interest. Upon request by Landlord, Tenant shall furnish, in a Form satisfactory to Landlord, evidence of payment prior to delinquency of all Impositions paid by Tenant. 11. AS -IS CONDITION OF PREMISES: Tenant is leasing the Premises in its "AS IS" condition as such condition exists as of the Commencement Date. By executing this Lease, Tenant acknowledges that it has had the opportunity to inspect the Premises and accepts the Premises in the AS IS condition. 12. FUTURE ALTERATIONS AND REPAIRS: Except as provided in this Section, Tenant shall not make alterations to the Premises without the prior written consent of Landlord. Landlord agrees that Tenant is entitled to make repairs as part of its normal maintenance and risk management programs. Subject to obtaining applicable building permits, Landlord hereby approves of Tenant making the following alterations as specified in the estimate dated April 24, 2014, from Jay Valentine of Valentine Builders, Inc. to Mike Johnson of COTS, which include: i. demolition of the office used as a playroom; ii. divide the office used as a playroom into two separate rooms; iii. remove all existing baseboards in all rooms except bathrooms: iv. construct new entrance; v. install new commercial vinyl and rubber base throughout the except for the bathrooms; vi., paint all rooms, including walls, ceilings and doors; and vii. eliminate exposed wiring by routing inside walls or improving installation. All of the foregoing alterations shall be undertaken at Tenant's sole expense. Permission granted for such alterations does not constitute regulatory approval, and to the extent that such alterations are subject to any regulatory approval or permit, such alterations shall not commence until any and all applicable regulatory approvals and/or permits have been granted. 13. INDEMNITY: To the maximum extent permitted by law, tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord, the City of Petaluma, and its officials, officers, agents, employees, contractors, guests and invitees (collectively, "Indemnitees") harmless from and against any and all claims, demands, liabilities, losses, damages, expenses and causes of actions of any kind, including, but not limited to, attorneys' fees and costs of suit ("Losses") arising out of or in connection with use, occupation, operation, improvement, repair or management of the Premises; and/or failure to comply with any of Tenant's obligations contained in this Lease; by Tenant or any of Tenant's officials, officers, employees, contractors, agents, or volunteers, provided that Tenant shall not be obligated to indemnify, defend or hold the Indenmitees harmless for Losses resulting from Indemnitees' sole or active negligence or willful misconduct . Tenant's indemnity obligation in this provision shall survive the termination or expiration of this Lease with respect to any Losses that occur during the Term. h 14. INSURANCE REOUIREMENTS: During the terni of this Lease, all extensions thereof', hold -over periods or any other occupancy of the Premises by Tenant, Tenant shall maintain at its sole cost and expense, the following insurance coverages: (i) Comprehensive General Liability insurance issued by a carrier authorized to sell insurance in the State of California, written on an occurrence basis, and providing coverage for bodily injury, death and property damage caused by or occurring in connection with Tenant's use and occupancy of the Premises with a policy limit of at least Two Million U.S. Dollars ($2,000,000) per occurrence; (ii) Workers' Compensation insurance in compliance with the requirements of law; and (iii) property insurance providing coverage against lire, casualty loss and damage to the Premises. Tenant shall provide Landlord with satisfactory evidence of the foregoing insurance coverage prior to the commencement of the Tenn and, upon Landlord's request, of its continuance in force throughout the Tenn. The foregoing insurance policies shall be primary and noncontributing with respect to any policies issued to Landlord and shall name Landlord as additional insureds and/or loss payees, as their interests may appear. 15. NONDISCRIMINATION: Tenant hereby covenants by and for itself and its successors and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the conditions that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises nor shall Tenant or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants or vendees in the Premises. 17. RIGHT OF ENTRY: To the maximum extent provided by law, Landlord shall have the right to enter and to inspect the Premises to ensure compliance with this Lease at all reasonable times during the term of this Lease, provided that the "Tenant is given at least 24 (twenty-four) notice of any inspection. Notwithstanding the foregoing, in the event of an emergency, Landlord shall have the right to enter, to inspect, and to undertake any repairs or take other action as necessary to mitigate the emergency without notice. Tenant shall provide Landlord with a key to all "Tenant -furnished lochs securing the Premises and/or Landlord shall retain a key to any Landlord -furnished lock(s). 18. PREVAILING WAGE. This Lease shall be subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and to the extent applicable, "Tenant shall comply with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit B, which is attached to and made a part of this Agreement. Tenant's noncompliance with the applicable requirements of this section shall constitute an Event of Default. Notwithstanding the foregoing, prior to undertaking any improvement, alteration or maintenance, the Parties may agree in writing that the proposed improvement, alternation or maintenance does not fall within the definition of public works as defined in Labor Code section 1720, or alternatively, is otherwise exempt from complying with Prevailing Wage Law. 9 19. SUBLETTING: Tenant shall not assign this Lease or sublet any portion of the Premises without the prior written consent of Landlord. 20. DEFAULT: Tenant shall be in default of this Lease upon the occurrence of any of the following ("Events of Default"): (i) the failure to pay any monetary obligation when due, (ii) the failure to obtain and maintain insurance required by this Lease, (iii) the voluntary or involuntary transfer of all or any portion of Tenant's interest in the Premises without Landlord's prior written consent, or (iv) a default in the performance of any terns, provision, covenant or agreement pursuant to this Lease. Upon the occurrence of an Event of Default, the non - defaulting party shall deliver a notice to the non-performing party ("Notice of Default") stating the nature of the obligation which such non-performing party has failed to perform, and stating the applicable period of time, if any, permitted to cure the default. Failure to give, or delay in giving, a Notice of Default shall not constitute a waiver of any obligation or covenant required to be performed hereunder. 21. TERMINATION: REMEDIES. Upon the occurrence of any Event of Default, and in addition to any and all other rights or remedies of Landlord hereunder and/or provided at law or in equity, Landlord shall have the right to terminate this Lease and Tenant's possessory rights hereunder in accordance with applicable law. No remedy specified in this Lease shall be considered exclusive of any other remedy, but the same shall be cumulative. 22. NOTICES: All notices shall be deemed given when made in writing and deposited in the United States mail, certified, postage prepaid and addressed to such party the following address: To Landlord: City of Petaluma I I English Street Petaluma, CA 94952 Attention: Housing Administrator Telephone: (707) 778-4555 Facsimile: (707) 778-4586 To Tenant: Committee on the Shelterless (COTS) 900 Hopper Street Petaluma, CA 94952 Attention: Executive Director Telephone: (707) 765-6530 Facsimile: (707) 765-9043 Either Party may change its address for the receipt of notices by giving written notice of change to the other Party. Either Party may give personal notice to the other Party. 23. FAILURE TO VACATE: In the event that Tenant holds over, Landlord's shall have all remedies as may be available to Landlord at law or in equity. In addition, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord 10 and the City of Petaluma from all Losses resulting from Tenant's failure to vacate pursuant to this Lease. This indemnity shall survive the expiration or termination of the Lease. 24. DISPOSITION OF IMPROVEMENTS: Prior to the expiration or termination of this Lease, Tenant shall (i) remove all personal equipment, improvements, fixtures and property placed on the Premises by Tenant, (ii) repair any damage caused by said removal, and (iii) restore the Premises to its condition on the Commencement Date, less normal wear and tear, except as Landlord may otherwise approve in writing. Except as expressly provided herein, upon the expiration or earlier termination of this Lease all existing structures and other improvements on the Premises shall unconditionally be and become the sole property of Landlord, and Tenant shall have no right to compensation therefore. In the event that Tenant does not remove its personal property within thirty (30) days after Lease expiration or termination, Landlord, at its option, may deem such property abandoned and either retain or dispose of it in accordance with applicable law. 25. INDEPENDENT CONTRACTOR: This Lease shall not be construed or interpreted to create a partnership or joint venture between Landlord and Tenant. 26. CORPORATE AUTHORITY: Each individual executing this Lease on Tenant's behalf represents and warrants that he or she is duly authorized to execute and deliver this Lease on Tenant's behalf and that this Lease is binding on Tenant in accordance with its terms. 27. SEVERABILITY: The determination that a provision of this Lease is illegal or unenforceable shall not affect any other provision of this Lease. 28. BINDING CLAUSE: The provisions, covenants and conditions of this Lease shall extend to, be binding upon and insure to the benefit of the heirs, executors, administrators, successors and assigns of the respective Parties hereon. 29. SECTION HEADINGS: All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provisions of this Lease. 30. ESSENCE OF TIME: Time is or the essence for every provision, covenant and condition or this Lease. 31. ENTIRE AGREEMENT: This Lease contains all the agreements of the parties hereto and supersedes all prior negotiations. There have been no representations by Landlord or understandings made between Landlord and Tenant other than those set forth in this Lease. 32. AMENDMENT: This Lease may only be modified or amended by a written instrument duly executed by the Parties hereto. IN WITNESS WHEREOF, this Lease has been executed by the Parties hereto as of the date listed below. SIGNATURES ON FOLLOWING PAGE. TENANT Committee on the Shelterless By: Mike Johnson, Executive Director LANDLORD City of Petaluma John Brown, City Manager Attest: By: Claire Cooper, City Clerk Approved as to Form: Eric W. Danly City Attorney 12 Exhibit A Premises 13 1500 Petaluma Blvd r ing Parking M Lease Area Parking .... Exhibit B 15 PREVAILING WAGE EXHIBIT B HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's wort: under this Agreement. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that wort: in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-lialf times the basic rate of pay. C. "rhe Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of wort: needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing 16 wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rale of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. if a subconsultant worker engaged in performance of the Services is not paid the general prevailing per diem wages by tine subconsultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: The Agreement executed between the Consultant and the subconsultant for the performance of part of the Services shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 18 1 3, and 1815. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. Upon beconning aware of a subconsultant's failure to pay the specified prevailing rate of wages, the Consultant shall diligently tale corrective action to halt or rectify tine failure, including, but not limited to, retaining sufficient finds due the subconsultant for performance of the Services. 4. Prior to making final payment to the subconsultant, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that tine subconsultant has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Services and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Services, shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Services. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: The information contained in the payroll record is true and correct. 17 3. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any Services performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement. the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsrdtants engaged in performance of the Services, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rale has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 18 ATTACHMENT N3 RLI I I R 1)ING It 0i LtiI I'Ir 6} \D 11111.\ BE( ORM 1) RI 1 t R\ III: City of Petaluma P. O. Boz 61 Pet alnnln, CA 91952-2610 Attn: City Clerk EXEMPT FROM RECORDING FEES PER Space above this line Ibr Recorder's use. MEMORANDUM OF LEASE This Memorandum of Lease (this "Memorandum"), dated for reference purposes as of , 2015, by and between the City of Petaluma, a public body, corporate and politic ("Landlord") and Committee on the Shelterless, a California nonprofit public benefit corporation, ("Tenant"), in reference to and consideration of that certain Commercial Lease Agreement dated as of 2015 ("Effective Date"), by and between Landlord and Tenant (the "Lease"). 1. The purpose of this Memorandum is to provide notice of the existence of the Lease which is incorporated herein by this reference. 2. Landlord is the owner of fee title to the Property located at 1500 Petaluma Boulevard South, in the City of Petaluma, California, (the "Property"). 3. Pursuant to the Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the existing improvements located on the Property (the "Premises") subject to all of the terms and conditions set forth in the Lease. d. The term of the Lease shall be .January 1, 2015, to and including December 31, 2019. 5. In the event of any conflict between this Memorandum and the terms and conditions of the Lease, the terns and conditions of the Lease shall control. 6. This Memorandum may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one fully -executed agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as ofthe date set forth above. 19 LANDLORD TENANT CITY OF PETALUMA COMMITTEE ON THE SHELTERLESS By: By: John Brown, City Manager Mike Johnson, Executive Director Attest: Claire Cooper, City Clerk Approved as to form: Eric W. Danly, City Attorney SIGNATURES MUST BE NOTARIZED. 20 FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA On 20, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 21