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HomeMy WebLinkAboutC34830 - 5yr Renewal - Laundry Services Contract No. HA34830 PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE RPM COMPANY TO ENTER INTO A FIVE YEAR LEASE RENEWAL AGREEMENT WITH WASH MULTI FAMILY LAUNDRY SYSTEMS IN ORDER TO CONTINUE PROVIDING LAUNDRY SERVICES TO CERTAIN HOUSING AUTHORITY PROPERTIES SUBMITTED BY: JANET M. MOORE, DIRECTOR OF HOUSING JESSICA GONZALES, MANAGEMENT ANALYST - HOUSING DATE: NOVEMBER 12, 2015 CONTENTS: RPM Letter WASH Laundry Services Proposal Sample Agreement Recommendation By minute motion, authorize RPM Company to enter into a five (5) year lease renewal agreement with Wash Multi Family Laundry Systems LLC, (WASH) in order to continue providing laundry services to the Housing Authority properties more commonly known as Candlewood, Catalina Gardens, Desert Pointe, Laguna Palms, La Rocca Villas, Neighbors, One Quail Place, Palm Village, Pueblos and Taos Palms. Commission Recommendation The Housing Commission will review this item at its meeting of November 4, 2015. Staff will provide a verbal report upon request. Executive Summary Staff desires to enter into a five (5) year lease renewal agreement with WASH to continue providing laundry services to Candlewood, Catalina Gardens, Desert Pointe, Laguna Palms, La Rocca Villas, Neighbors, One Quail Place, Palm Village, Pueblos and Taos Palms. The renewal lease agreement will maintain the current cost at $1.25 for wash and $0.75 for dryer and provide install of new water efficient front loading washing machines and new dryers in two (2) years. Background RPM Company is authorized to enter into agreements as necessary to provide certain services to the Housing Authority properties. At staffs request, RPM Company requested a proposal for renewal option from WASH for service at Candlewood, Catalina Gardens, Desert Pointe, Laguna Palms, La Rocca Villas, Neighbors, One Quail Place, Palm Village, Pueblos and Taos Palms to continue providing laundry services. Staff Report WASH Laundry Services (Candlewood,Catalina Gardens,Desert Pointe,Laguna Palms,La Rocca Villas, Neighbors, One Quail Place,Palm Village,Pueblos and Taos Palms) November 12, 2015 Page 2 of 3 WASH has provided two (2) renewal options and RPM is recommending option No. 2. The renewal lease agreement option recommended will provide a five (5) year term, will maintain the current cost at $1.25 for wash and $0.75 for dryer and provide install of new water efficient front loading washing machines and new dryers in two (2) years. WASH installed all new machines at each of the Properties in exchange for the modified five (5) year agreements in 2010. Additionally, WASH completed laundry room improvements such as new ducting, flooring, paint, and plumbing improvements. The renewal lease agreement terms and prices are consistent with current laundry services rates. The commission structure will be that the Authority property will receive 90% of the monies after $19.35 per machine per month. Based on no increase in the current wash and dry prices, staff recommends authorizing RPM Company to enter into a five (5) year lease renewal agreement for laundry services as described above with WASH. Fiscal Analysis The fiscal impact to the Authority will be the same lease cost and continued savings due to reduced water consumption. Submitted by: Department Head: ..,► (; --)-,j2----- (--- , Ica Gonza es anagement Analyst- Housing anet . Moore, Director of Housing Fina a D-part t: OftrrtItC1 BY HOUSG AUTH -C Pa- Gibson, Director of Finance ON I S id- _;10 I VERIFIED BY: ROK-10-6('' pro a • ) Original on file with City Clerk's Office A1�E-ci `p 1k; l ti�rcl1,.�;I JJ ,lIC��II1 1 (ti�� Xi- Joh . Woh muth, Executive Director ,, f ) j 81.cs G:\HOUSING\JESSICA GONZALES\STAFF REPORTS\2015\RPM COMPANY LAUNDRY PROVIDER WASH 11-12-15 REVISED 11-3-15.DOC rpm apartment management services October 22,2015 Janet Moore,Director of Housing City of Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert,CA 92260 RE: Renewal of the lease agreement with Wash Multifamily Laundry Systems and Carlos Ortega Villas Dear Ms.Moore: The current lease agreements with multiple Housing Authority Properties and Wash Multifamily Laundry Systems are due to expire December 1, 2015. Wash Laundry Systems installed brand new front load, energy efficient washers and dryers, including some improvements such as paint and flooring to our laundry rooms December 2010. Enclosed you will find Wash Laundry Systems renewal options 1&2. RPM Company recommends the renewal with option 2 which will maintain the current cost of wash at $1.25 and the dryer at $ 0.75. Option two (2) also offers brand new machines in just two years. The renewal of the agreement between the Housing Authority and Wash will cover the following properties: Candlewood Neighbors Catalina Gardens One Quail Place Desert Pointe Palm Village Laguna Palms Pueblos La Rocca Villas Taos Palms In addition, I would like to request we add a new agreement for Carlos Ortega Villas, scheduled to open December 2015 to this group,this will keep agreements consistent with the majority of the portfolio. Respectful , eresa Vakili LODI REGIONAL OFFICE PALM DESERT REGIONAL OFFICE ONTARIO REGIONAL OFFICE 1420 s.mills avenue,suite m 72-600 fred waring 3333 e.concours building 7,suite 7101 lodl,ca 95242 palm desert,ca 92260 ontario,ca 91764 209 333 3400• fax 209 333 3430 760 6741139• fax 760 674 1189 909 944 3200• fax 909 944 3299 SAMPLE LEASE This LEASE AGREEMENT is entered into this day, DATE, by and between the PALM DESERT HOUSING AUTHORITY,acting as Lessor, (hereinafter referred as "Lessor"), and WASH Multifamily Laundry Systems, LLC (hereinafter referred to as"Lessee"). Lessor does hereby lease to Lessee, and Lessee does hereby accept, the exclusive possession of all common laundry room(s) located on the real property and improvements of# units, located at 12345 Jane Street. Palm Desert, CA 92260, and commonly known as Name, which real property and improvements are herein referred to as the "property." Lessor warrants and represents that only 0 residential units on the property are plumbed with their own washer or dryer connections. l. Representation of Lessor. Lessor does hereby warrant and represent that it is the owner of the property, or the authorized agent thereof, acting with full authority to enter into this Lease, and further, said owner or representative thereof warrants and represents that there is no other lease, license, or other instrument granting the same or similar right in and to the laundry room(s) on the property as provided herein. 2. Exclusive Use and Possession of Leased Premises. Lessor does hereby lease to Lessee the now existing and hereafter created common laundry room(s) on the property, which room(s) is/are described as encompassing approximately # square feet, for its use as a laundry room(s). Said room(s) is/are hereinafter referred to as the"Leased Premises". Lessee shall used the Leased Premises solely for the purpose of installing,maintaining and operating laundry equipment as provided herein. 3. Quiet Enjoyment. Lessee may use and possess the Leased Premises to the exclusion of all others, and enjoy the quiet and peaceful enjoyment thereof. 4. Term. The term of this Lease shall be for a period of FIVE (5) year(s), commencing on DATE. 5. Rent. Lessee agrees to pay Lessor as Rent, for the use and possession of the Leased Premises, an amount equal to the greater of$5.00 per month, or a percentage of Lessee's gross income from Lessee's washers and dryers (collectively, the "Equipment") in the Leased Premises based on the average per machine daily gross income (double-load machines to be counted as two)as follows: ZERO PERCENT (0%) of a base amount equal to the first $19.35 per machine per day plus NINETY PERCENT (90%) of all monies in excess of such amount, less any applicable gross receipts, sales, use, value added, or similar excise taxes paid by Lessee. The Lessee shall install and maintain EIGHT (8) machines (which shall constitute the total number of machines for purposes of calculating the rent) unless Lessor and Lessee otherwise agree in writing. 6. Equipment. Lessee shall, at its sole expense, install the Equipment in the Leased Premises, and the title to the Equipment shall remain at all times that of the Lessee, and at the conclusion of the term of this Lease, or any extension thereof, Lessee shall remove the Equipment remaining on the Leased Premises. a) Lessee shall be responsible for all property taxes, including but not limited to personal, possessory, or real, on the Equipment. 1 Custom PDHA Lease apprv'd dgk 8-3-10 SAMPLE b) Lessor agrees to promptly report the need for service to the Equipment. Lessee agrees to repair the Equipment within forty-eight(48) hours (excluding weekends and holidays) of notification by Lessor or any of its representatives. c) Lessee agrees to maintain the Equipment in good working order except when unable to do so during necessary repairs or replacements or for any other reasons beyond Lessee's reasonable control or prevention. 7. Insurance. During the Term hereof, Lessee shall insure against liability for bodily injury and property damage caused by Lessee's negligent acts or omissions up to the amount of$10,000,000 per occurrence and annual aggregate and the Lessor shall be named as an additional insured under the policies, In addition, Lessee shall indemnify and hold Lessor and the Agency harmless from claims of liability caused by the willful or negligent acts or omissions of Lessee. 8. Utilities and Maintenance. Lessor will provide all utility service necessary for proper operation and maintenance of the Equipment. Lessor shall perform all necessary janitorial and maintenance services for the Leased Premises, including but not limited to, maintaining the Leased Premises in good repair and cleanliness, and the Lessee hereby grants to the Lessor a revocable license to come onto the Leased Premises to perform such services. Lessor warrants that the Leased Premises comply with all federal, state, and local requirements. The Lessee shall not be responsible for property damage or personal injury due to lack of or inadequacy of a floor drain in the Leased Premises. 9. Assignment or Transfer. This Lease shall be binding upon the parties hereto, their respective heirs, personal representatives,successors, assigns, or transferees. The Lessee may not assign or sublet this Lease without the prior written consent of Lessor, which may be granted or withheld in the sole discretion of Lessor. If any litigation results in connection with this Lease, the successful party shall be entitled to reasonable attorneys' fees. 10. Home Office Approval. This Lease, and any modification and/or addendum(s)to this Lease, shall require written approval of Lessee's Home Office before becoming effective, and shall immediately become effective upon such approval, with notification to Lessor. If this Lease is not approved by Lessee's Home Office on or before , this Lease shall terminate and be of no further force or effect. 11. Non-Competition Clause. Lessor agrees that during the term of this Lease, Lessor shall not furnish,provide, lease, rent, or in any manner cause to be installed, or enter into any agreement with anyone other than Lessee to furnish, provide, lease, rent, or in any manner cause to be installed any washers and/or dryers in any residential unit("unit") and/or common laundry facility on the property. Lessor agrees that washer and/or dryer connections shall not be added in any unit. Any breach of this paragraph shall result in Lessee being immediately entitled to damages of$4.16, multiplied by the number of units in which a breach occurred, multiplied by the number of months remaining on this Lease at the time of each breach. Additionally, a breach of any portion of this paragraph by Lessor shall entitle Lessee to terminate this Lease at Lessee's option. 2 Custom PDHA Lease apprv'd dgk 8-3-10 SAMPLE 12. Validity of Provisions. The invalidity or illegality of any provision shall not affect the remainder of this Lease. No delay on the part of any party in exercising any right herein shall be deemed to be a waiver thereof, nor shall any waiver of a right preclude any further exercise thereof. 13. On or before , Lessee to replace the existing laundry equipment with ( ) new front-load washer(s), ( ) new stack dryer(s), and ( ) new single dryer(s). Initial washer price to be$1.25. Initial dryer price to be$.75. Any increase in such prices shall be subject to the prior written approval of the Lessor, which shall not be unreasonably delayed or withheld. 14. Lessee warrants that the Equipment will be protected by non-resettable coin counters and that the Lessor will receive with each rent check an account history and accountability statement that includes: collection date; days since last collection; gross income collected from washers, gross income collected from dryers; total year-to-date gross income, and total year-to-date Lessor's share of gross income. Lessee shall run a report that compares the income collected from the Equipment with each counter reading recording and provide proof of such upon the request of the Lessor. 15. Default. Lessee shall be in default if it fails to perform any of the obligations under the Lease. Upon default, Lessor shall provide Lessee with written notification describing the default. Lessee shall have thirty (30)„days from the date it receives the notice describing the default to cure such default. If Lessee fails to cure the default within thirty (30)days,then Lessee shall be in breach of the Lease and Lessor may terminate the Lease without further notice or opportunity to cure. 16. Notices. All notices shall be sent via certified mail, registered mail; or nationally recognized courier service (i.e. Fedex, United Parcel Service; etc.)to the addresses set forth on the signature page hereof. 17. Termination. Either party to the Lease may terminate this Lease upon thirty (30) days prior written notice(i) if during any period of three consecutive months,the usage of the Equipment does not meet the minimum usage, if any; that is required by this Lease; (ii) in the event of total or partial destruction, for whatever reason, of the Leased Premises, the property, or the Equipment; (iii)in the event of repeated damage to the Equipment caused by vandalism, malicious mischief or the intentional act of any persons; (iv) upon commencement of any action or proceeding for condemnation in exercise of the right of eminent domain, or upon the passage of title to a condemning agency, or all or part of the property; (v) upon Lessee or Lessor insolvency; (vi) if Lessor it its sole and absolute discretion, either changes the use of the property from residential to a use in which laundry facilities would not be available for a period of at least four(4) years or transfers the Property and such transfer will result in such a change of use; or; (vii) Lessee's failure to cure any default within the prescribed time period in this Lease. In the event of termination, Lessor shall return to Lessee a pro rata return of the remodeling costs referenced in Section 13 and 14 hereof paid by Lessee. 3 Custom PDHA Lease apprv'd dgk 8-3-10 SAMPLE Lessee: WASH MULTIFAMILY LAUNDRY Lessor: THE PALM DESERT-HOUSING SYSTEMS,LLC AUTHORITY By: RPM COMPANY District Sales Manager Its: AGENT APPROVED: WASH Multifamily Laundry Systems, LLC.,LESSEE By: HOME OFFICE: 100 N. SEPULVEDA BLVD., 12TH TERESA VAKILI FL.,EL SEGUNDO,CA 90245 Its: VICE PRESIDENT By: Date: Its: PAY RENT TO: Date: Name: PALM DESERT HOUSING AUTHORITY C/O:CATALINA GARDENS Address: 73600 CATALINA WAY(OFFICE) PALM DESERT,CA 92260 Tax ID: 95-2859459 4 Custom PDHA Lease apprv'd dgk 8-3-10 Ili e ILaundry Services Proposal multifamily laundry systems RPM 4, , Ms. Teresa Vakili • ,,,,,,, --..' �_ (760) 674-1139 jrn teresavakiii@rpmcompany.net °` ` Dear Teresa, Thank you for the opportunity to present this proposal for laundry room services. We would be honored to be your laundry service provider of choice. For more than 65 years,property owners and managers have trusted WASH to provide unsurpassed service and su- perior laundry room operations. If you're comparing us with other laundry providers,here's what makes WASH differ- ent(and better!): Everything we do begins and ends with a continual commit-ment to best-in-class ser- vice. Sew* elWe offer peace of mind when it comes to financial transactions.WASH ensures the Mo„, security of your revenue every step of the way. isOver 45,000 locations, servicing a total of over 2.5 million people, have placed their Tniu trust in WASH. E3We offer more choices that suit your needs. WASH will work with you to find just the °pttont right blend of products and services for your property. t'r� WASH's commitment to customer service, technical assistance,and our dedicated %"°`" employees provide unparalleled support. Perhaps our best selling point is the relationship we have with our customers. On average, our customers stay with us for 19 years! With this proposal,it is our goal to provide you with all the information that you need to make a confi- dent decision to contract with WASH Multifamily Laundry Systems. If you should require any additional information, please don't hesitate to contact me. Best regards, Keith'Rokosz 714-273-8023 krokosz@washlaundrv.com WASH Multifamily Laundry Systems, LLC 100 N.Sepulveda Blvd.. 12'h Floor I El Segundo,CA 90245 1800.421.6897 1 Laundry Equipment Options 74002-74004 Shadow Mountain Dr., Palm Desert 10/21/2015 44100:11144 .,..,„, ',Ns lois � ,, Ar . +,w n +►. • fir I-II II i.� it : . t _ 1 n. New Speed Queen Laundry Equipment Proposal Option Option Term Commission Equipment Vend Price Lessor to receive 90%(ninety (2) Front Load Washers $1.25 Wash 1 5 years percent) of the monies after$26.10 (1)Top Load Washer $1.00 Dry per machine per month (3) Single Dryers WASH Multifamily Laundry Systems,LIC 100 N.Sepulveda Blvd., 12'h Floor I El Segundo.CA 90245 1800,421.6897 2 74002-74004 Shadow Mountain Dr., Palm Desert Laundry Equipment Options 10/21/2015 11. it'Q No s v � ` Speed Queen. Existing Laundry Equipment Proposal Option ) Option Term Commission Equipment Vend Price Lessor to receive 90% (ninety (2) Front Load Washers $1.25 Wash 2 5 years percent) of the monies after$19.35 (1) Top Load Washer $0.75 Dry per machine per month (3) Single Dryers WASH Laundry will replace the machines with new machines one time after twenty four (24) months from the commencement date. WASH Multifamily Laundry Systems, LIC 100 N.Sepulveda Blvd., 12-h Floor 1 El Segundo.CA 90245 1 800.421.6897 3