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HomeMy WebLinkAboutCC 6 FIRE SERVICES AG 12-15-86 CONSENT CALENDAR DATE:DECDIBER 906 Inter- Corn TO: FROM: SUBJECT: HONORABLE MAYOR & HF.F. BERS OF THE CITY COUNCIL WILLIA~I A. XUSTON, CITY ~IANAGER FIRE SERVICES AGREDll/NT REC~NDATION That the City Council approve the attached agreemen[ with the County of Orange for fire services. BACICGROUND The agreement provides that the City will receive fire suppression, prevention and paramedic services for the period July 1, 1986 through June 30, 1991. The cost is based on the County's Cost Allocation Plan which the City's fire services study, prepared earlier this year, determined is an equitable method for pricing the contract. The contract provides that the City and County will continue to negotiate to determine a mutually agreeable alternative for cost allocation. This clause gives the City the flexibility to negotiate another pricing formula in the event circumstances, which change during the term of the agreement, cause the City to determine there is a viable alternative method. Either party can terminate the agreement by giving twelve (12) months notice. Th 1986-87 cost of $2,04g,g53 is within the City's 1986-87 budget allocation and is ¢.9% higher than the 1985-86 amount. The agreement also provides that the County will lease the City-owned fire station on Redhill Avenue for $1,g96 per month. The lease rate is to be adjusted each year based on the Consumer Price Index (CPI). William A. Hust n City Manager WAH :ih Attachment AGREEMENT THIS AGREEMENT, made and entered into this__ day of 1986, which is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY of Tustin, a municipal corporation in the COUNTY OF ORANGE, 'hereincrfte~' referred to as "CITY." WHEREAS, CITY desires to have COUNTY perform certain fire protection functions within the CITY pursuant to Government Code Sections 55603 and 55632: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: I. COUNTY shall provide to CITY, firefighting, rescue, fire prevention, and emergency medical (paramedic) services, excluding weed abatement services. The level of service provided shall be the same as the level of similar services provided by COUNTY elsewhere throughout the unincorporated territory of the COUNTY OF ORANGE. Such level of service shall be determined at the sole discretion of the Director of Orange County Fire Services, who shall have direct control and supervision over the services provided pursuant to this Agreement, and who is hereby designated as the City Fire Chief. The COUNTY intends to continue providing 3 engine companies, 1 truck company and I medic unit operating from two (2) existing fire stations. Any future changes to this level of service will be discussed between the City Manager and the Director of Orange County Fire Services. The Director shall make the final determination. 2. This Agreement shall become effective July I, 1986, and shall continue in effect through June 30, I gDI, unless sooner terminated by either party as diSCussed below, in Paragraph 9. FIS. Ib I 3. In consideration of the services provided under this Agreement from July I, 1986, through June 30 1987~ CITY shall pay to COUNTY the sum of $2,0h~,~53. All payments due COUNTY shall be paid quarterly in arrears commencing on or before October 1, 1986. ~,. CITY payments to COUNTY for services provided in the initial contract year and in each Of the subsequent fiscal years covered by this Agreement shall be based on the allocation of the estimated cost to COUNTY of providing said services as determined by the County Fire Department's Cost Allocation Plan (CAP). However, COUNTY and CITY agree to continue negotiations to seek an mutually agreeable alternative method of cost determinati(~n for CITY's charges. 5. On or before March I, of each subsequent fiscal year covered by this Agreement, commencing March I, 1~87, the Director of Orange County Fire Services shall notify CITY, in writing~ of the estimated costs to COUNTY of providing said services to CITY during the following fiscal year. On or before May I~ of each subsequent fiscal year covered by this Agreement~ commencing May I~ I D87~ the Director of Orange County Fire Services shall notify CITY, in writing~ of the final charges for providing said services to CITY during the folowing fiscal year. In the event CITY fails to agree~ prior to the following June I~ to pay said sum, this contract shall be deemed terminated~ effective June 30 of the same year. 6. CITY shall retain ownership to the land and building used for a fire station located at I~D01 Red Hill Avenue~ presently designated as Tustin Station No. 2 (County Station No. 37). CITY agrees to lease the premises to the COUNTY pursuant to the FIS. Ib 2 Lease attached hereto as Exhibit A, such lease being incorporated herein by reference to be made part of this agreement. 7. CITY agrees to indemnify COUNTY and its officers~ employees~ and agents, and hold them harmless from any liability, 'whether by court action or otherwise, arising out of the acts or o~nissions of CITY or any of its officers~ employees, or agents. couNTY agrees to indemnify CITY, and its officers~ employees~ and agents, and hold them harmless from any liability~ whether by court action or otherwise, arising out of the acts or omissions of COUNTY or any of its officers~ employees, or agents. 8. CITY shall not be liable for the direct payment of any wages or other compensation to any officer~ employee, or agent of COUNTY performing any services under this Agreement. CITY shall not be liable to any officer, employee, or agent of COUNTY for any sickness or injury incurred by such person in the course of performing services under this Agreement~ except to the extent discussed above, in Paragraph 7. COUNTY shall be solely responsible for all personnel actions relating to COUNTY employees utilized in the performanCe of this Agreement. 9. This Agreement may be terminated by the CITY on June 30 of any year by giving written notice of termination to the COUNTY at least twelve (12) months prior to said termination date. This Agreement may be terminated by the COUNTY on June 30 of any year by giving written notice of termination to the CITY at least twelve (12) months prior to said termination date. FIS. I b 3 10. This Agreement supersedes end cancels any prior ~jreement for ~protection services between CITY end COUNTY. IN WITHE55 WHEREOF, the p~rties hereto hove executed this Agreement. fire COUNTY OF ORANGE By: Chairman~ Board of Supervisors CITY OF TUSTIN DATED: By: Mayor DATED; I ~8~ ATTEST: By= City Clerk APPROVED AS TO FORM APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA I HOPE-E. SI YDF.. SIGNED AND CERTIFIED THAT. A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: City Attorney Linda D. Roberts Clerk of the Board of Supervisors FIS. Ib /~ DU.PLICAT.E 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 26 GA 861-4 Orange County Fire Station No. 37 (Tustin Fire Station No. 2) LEASE THIS IS A LEASE by and between CITY OF TUSTIN, hereinafter referred to as "LESSOR," and COUNTY OF ORANG~, hereinafter referred to as "TENANT," without regard to number and gender. RECITALS: A. LESSOR and TENANT have entered into an Agreement dated hereinafter referred to as Agreement. , 1986, TENANT has agreed to provide fire protection services for LESSOR for the five-year period of July 1, 1986, through June 30, 1991, pursuant to said Agreement. TENANT requires the use of LESSOR's fire station facility located at 14901 Red Hill Avenue, Tustin, California, for the purposes of providing said fire protection; NOW, THEREFORE; LESSOR and l~NANT hereby agree as follows: 1. PREMISES (AA2.1 S) LESSOR leases to TENANT that certain property hereinafter referred to as "Leased 'Premises," described in "Exhibit I" and shown on "Exhibit II," which exhibits are attached hereto and by reference made a part hereof. 2. USE (N) The Leased Premises shall be used for the purpose of operating a fire station. TENANT is granted exclusive use of the Leased Premises, except for that portion of the driveway shown crosshatched on Exhibit II, to which LESSOR reserves the right of ingress and egress to LESSOR's adjacent facilities. LESSOR and TENANT agree to take such steps as necessary to insure that said driveway remains open to vehicular traffic at all times. JM :nd :mgj 31A-6-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 24 25 26 27 3. TERM (A83.1 N) The term of this Lease shall be five (5) years from July 1, 1986, through June 30, ~ 1991, and shall run concurrently with the term of the said Agreement to provide fire protection. If said Agreement is terminated for any reason, this Lease shall also be terminated in its entirety. 4. TERMINATION OF PRIOR AGREEMENTS (AA3.1S} It is mutually agreed that this Lease shall terminate and supersede any prior agree~ merits between the parties hereto covering all or any portion of the Leased Premises~ EXCEPT that all personal property and/or equipment (e.g., fixtures, partitions, counters, shelving) attached to and/or placed upon any portion of the Leased Premises by TENANT pursuant to the terms of any prior agreement between the parties hereto shall remain the personal property of TENANT. 5. RENT (AC1.1 S) TENANT agrees to pay to LESSOR as rent ~or the Leased Premises the sum of One Thousand Nine Hundred Ninety-Six Dollars ($1,996) per month. To obtain rent payments LESSOR {or LESSOR's designee) shall submit to TENANT's GSA/Real Estate Division, in a form acceptable to said Division, a written claim for said rent payments. Payment shall be due and payable wi thin 20 days after the later of the following: 1. The first day of the month following the month earned; or 2. Receipt of LESSOR's written claim by TENANT's GSA/Real Estate Division. 6. RENT ADJUSTMENT (AC2.3 S) TENANT's monthly rent payments shall be subject to automatic adjustment at the be- ginning of the second, third, fourth and fifth years of the lease term. Said adjust~ent shall be proportionate to the change in the Consumer Price Index for Los Angeles - Long Beach - Anaheim {All Urban Consumers - All Items) promulgated by the Bureau of Labor Statistics of the U. S. Department of Labor or any replacement index thereto for the period of time between the commencement date of the lease term and the adjustment date. The increase or decrease shall be calculated by means of the following formula and shall be effective the adjustment date, which shall be the first day of the second, third, fourth and fifth years of the lease term: R--AxB R = Adjusted Rent A -- $1,996 B -- Average monthly index for the 12 calendar months ending with and including the fourth month prior to the month in which the rent increase is to become effective. C'-- Average monthly index for the 12 calendar months ending with and including the fourth month prior to the month in which the lease term commences. JM:nd:rh 31A-6-2 10-03-86 -2- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 -23 24 25 26 27 28 7. ALTERATIONS (AEI.1 S) TENANT may make improvements and changes in the Leased Premises, including but not limited to the installation of fixtures, partitions, counters, shelving, and equtpment~ It is agreed that any such fixtures, partitions, counters, shelving, or equipment attached to or placed upon the Leased Premises by TENANT, shall be considered to be the personal'~property'of TENANT, who shall have the right to remove same at any time. TENANT agrees that the Leased Premises shall be left in as good condition as when received, reasonable wear and tear excepted. 8. REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2.2 N) TENANT shall provide, at its own cost and expense, all janitorial supplies and services to the Leased Premises, including the supplying of rest room expendables and replace- ment of light bulbs and fluorescent tubes. TENANT shall also provide, at its own cost and expense, the cleaning and repalntlng of interior surfaces, routine servicing of plumbing, electrical heating and air conditioning systems; routine maintenance of apparatus doors, and repair of all damage caused by TENANT's misuse of the Leased Premises. TENANT shall also be responsible for the watering and maintenance of land- scaping within the Leased Premises. LESSOR shall provide, at its own cost and expense, all other interior and exterior repair and maintenance items, including, but not limited to upkeep of exterior walls of the building, parking areas, ramps and driveways, and replacement of roof cover- ings, apparatus doors, heating and air conditioning systems. LESSOR shall also provide, at its own cost and expense, weekly trash pick-up from the Leased Premises. If LESSOR fails to provide satisfactory repair and maintenance to the Leased Premises, TENANT's GSA/Real Estate Division may notify LESSOR in writing; and if LESSOR does not instigate measures to provide satisfactory service and/or to remedy the unsatisfactory conditions within a reasonable time after TENANT has placed such notice in the mail to LESSOR directed to the address shown for LESSOR in "NOTICES" clause below, or has personally delivered such notice to LESSOR, TENANT may provide the repair and main- tenance necessary to remedy the unsatisfactory condition or have other do so,'and deduct the cost thereof, including labor, materials, and overhead from the rent there~- after payable. If LESSOR or his representative cannot be contacted by TENANT for emergency repairs and/or services the same day any emergency repairs and/or services are necessary to remedy the emergency condition, or if LESSOR following such contact by TENANT is unable to make the necessary repairs or provide the necessary services, TENANT may at his option have the necessary repairs made and/or provide services to remedy the emergency condition, and deduct the cost thereof, including labor, material, and overhead from the rent thereafter payable. 9. BUILDING AND SAFETY REQUIREMENTS (AE3.1 S) During the full term of this Lease, LESSOR agrees to maintain the Leased Premises in compliance with all applicable building codes, statutes, and orders as they are appli- cable on the date of this Lease, and as they may be subsequently amended. JM:nd:bc 31A-6-3 -3- 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 2O 21 22 23 24 25 26 27 LESSOR further agrees to maintain the structure and permanent improvements at the Leased Premises as a "safe place of employment," as defined in the California Occu- pational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the federal Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Acts are applicable on the date of this Lease, and as they may be subsequently amended. ~ In the event LESSOR neglects, fails, or refuses to maintain said Leased Premises as aforesaid, TENANT may, notwithstanding any other termination provisions contained herein: A. Terminate this Lease; or B. At TENANT's sole option, cure any such default by performance of any act, including payment of money, and subtract the cost thereof plus reasonable administrative cost from the rent. Conditions caused solely by TENANT and not subject to the control of LESSOR are excluded from this provision.. 10. UTILITIES (AE4.1 N) TENANT shall be responsible for and pay, prior to the delinquency date, all charges for all utilities supplied to the Lease~ Premises, except water, which shall be the obligation of LESSOR. ll. FIRE INSURANCE (AES.1 N) LESSOR shall maintain throughout the term of this Lease fire insurance with extended coverage on the Leased Premises to the full insurable value of improvements located on the Leased Premises. Included in the policy or policies of fire insurance shall be a standard waiver of right of subrogation against TENANT by the insurance company issuing said policy or policies. Upon demand of TENANT, LESSOR shall provide TENANT with evidence of compliance with these requirements. At LESSOR option, LESSOR may self-insure the coverage required by this paragraph. 12. PUBLIC LIABILITY INSURANCE (AE6.1 S) TENANT agrees, at its sole expense, to maintain in force during the term of this Lease comprehensive general liability insurance, insuring against Claims for injuries to persons' or property occurring in, upon, or about the Leased Premises. Said-insurance shall have limits of not less than $100,000 and $300,000 for injuries to person or persons, and not less than $100,000 for property damage. At TENANT'S option, TENANT may self-insure the coverages required by this paragraph. 13. TAXES AND ASSESSMENTS (AE7.1 S) All taxes and assessments which become due and payable upon the Leased Premises shall :be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assess- iments to be paid promptly. JM:nd:bc 31A-6-4 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 14. INDEMNIFICATION (N) TENANT agrees to indemnify and save harmless LESSOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which LESSOR, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of TENANT, its officer, agents, employees, subtenants, Invltees, or licensees, in connection with the occupancy and use of premises by TENANT. Likewise, LESSOR shall indemnify and save harmless TENANT from and against any and all claims, demands, losses, or liabilities of any kind or nature which TENANT, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of LESSOR, its officers, agents, employees, lnvltees, or llcens~es, in connection with the maintenance or use of the premises. 15. DEFAULTS AND REMEDIES {AE8.1 S) In the event of any breach of this Lease by TENANT, LESSOR shall notify TENANT in wrtt~ lng of such breach, and TENANT shall have 30 days in which to cure said breach. 16. STATE AUDIT (AFl.1 S) Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this Lease involves expenditures and/or potential expenditures of State funds aggregating in excess of ten thousand dollars ($10,000), LESSOR shall be subject to the examination and audit of the Auditor General of the State of California for a period of three years after final payment by TENANT to LESSOR under this Lease. The examination and audit shall be confined to those matters connected with the per- formance of the contract, including, but not limited to, the cost of administering the contract. 17. NOTICES (AFB.1 S) All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be personally delivered or sent through the United States mail. TO: LESSOR TO: TENANT City of Tustin Office of the City Administrator Centennial at Main Tustln, CA 92680 County of Orange GSA/Real Estate Division P. O. Box 4106 Santa Aha, California 92702 and County of Orange Fire Department 180 South Water Street Orange, CA 92666 JM:nd:bc 31A-6-5 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 26 18. ATTACHMENTS (AF9.I S) This Lease includes the following, which are attached hereto and made a part hereof: A. GENERAL CONDITIONS B. EXHIBITS Exhibit I - Lease Description (Leased Premlsesi Exhibit II - Plot Plan (Leased Premises) RC:nd:bc 31A-6-6 -6- 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 IN WITNESS HEREOF, the parties have executed this agreement the day and year above written, LESSOR CITY OF TUSTIN By APPROVED AS TO FORM: County Court sel RECOMMENDED FOR APPROVAL: By Orange County Fire Department By General Services Agency Facilities & Real Property Real Estate Divtsion SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. TENANT COUNTY OF ORANGE LINDA D. ROBERTS Clerk of the Board of Supervisors of Orange County, California RC:nd:mgj 31A-6-6(1) By Chairman, Board of Supervisors 1 2 · 3 5 6 7 8 9 10 11 13 15 16 17 18 19 21 23 24 25 26 IN WITNESS HEREOF, the parties have executed this agreement the day and year above written. LESSOR CITY OF TUSTIN. By APPROVED AS TO FORM: County CounSel By RECOM~NDED FOR APPROVAL: Orange County Fire Department By General Services Agency Facilities & Real Property Real Estate Division SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. TENANT COUNTY OF ORANGE LINDA D. ROBERTS Clerk of the Board of Supervisors of Orange County, California By Chairman, Board of Supervisors JM:nd:bc 31A-6-7 l_ql_~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 A. GENERAL CONDITIONS (AGl-12 N) 1. LEASE ORGANIZATION {AG1 S) The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise. 2. INSPECTION (AG2 S) LESSOR or his authorized representative shall have the right at all reasonable times to inspect the Leased Premises to determine if the provisions of this Lease are being complied with. 3. SUCCESSORS IN INTEREST (AG3 S) Unless otherwise provided in this Lease, the terms, covenants, and conditions con- tained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be Jointly and severally liable hereunder. 4. COST OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (AG4 S) In the event either LESSOR or TENANT commences legal action against the other claiming a breach or default of this Lease, the prevailing party in such litigation shall be entitled to recover from the other costs of sustaining such action, including reason- able attorney fees, as may be fixed by the Court. 5. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (AG5 S) If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regula- tions, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period for the perfomance of any such act shall be extended for a period equivalent to the period of such delay. However, nothing in this clause shall excuse either party from the prompt payment of any rental or other charge required of them except as may be expressly provided elsewhere in this Lease. 6. DESTRUCTION OF OR DAMAGE TO LEASED PREMISES (AG6 S) In the event of: A. Partial destruction of or damage to Leased Premises; or B. The Leased Premises being declared unsafe or unfit for occupancy by any public authority authorized to make such declaration, for any reason other than TENANT'S act, use, or occupation, except as otherwise provided herein; LESSOR shall immediately make repairs as are necessary to restore the Leased Premises to the condition which existed prior to destruction or damage and/or make repairs as are necessary to make the Leased Premises safe and fit for occupancy. The destruction JM:nd:bc 31A-6-8 2 3 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 24 26 (including any destruction necessary in order to make repairs required by any declara- tion), damage, or declaration shall not render this Lease null and void; TENANT shall, however, be entitled to a reduction of rent during any period its use and occupancy of the Leased Premises is adversely affected by reason of destruction, damage, declara- tion, and/or subsequent repair required thereby. Such reduction shall be propor- tionate to the interference with TENANT'S ordinary use of the Leased Premises. If LESSOR refuses to make such repairs or if such repairs are not completed by LESSOR within sixty (60) days, TENANT may, at its option, terminate the lease or make such repairs and deduct TENANT'S direct and indirect cost thereof from rent owing LESSOR. 7. AI~ND~ENT (AG7 S) This Lease sets forth the entire agreement between LESSOR and TENANT and any modlflca~. tion must be in the form of a written amendment. 8. PARTIAL INVALIDITY (AG8 S) If any term, covenant, condition, or provision of this Lease is held by a court of competent Jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. g. WAIVER OF RIGHTS (AGg S) The failure of LESSOR or TENANT to insist upon strict performance of'any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that LESSOR or TENANT may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained. 10. TIME (AGll S) Time is of the essence of this Lease. ll. DEFINITION OF TENANT (AG12 S) The term "TENANT" shall mean the Board of Supervisors of the political body that executed this agreement or its authorized representative. JM:nd:bc 31A-6-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 LEASE DESCRIPTION PARCEL GA 861-3 All the Leased Premises shown on a plot plan marked "Exhibit II," attached hereto and made a part hereof, being that certain Fire Station Building and site at 14go1 Red Hill Avenue, in the City of Tustin, County of Orange, State of California and located on a portion of Lot 63, Block ll of the Irvlne Subdivision, per map recorded in Book l, Page 88 of Miscellaneous Maps in the office of the County Recorder of said County. FOR LEASE PURPOSES ONLY JM:nd:bc 3lA-6-10 EXHIBIT I Location Plot Plan No. 37 Prepcl: Chkd: Date: County o! Omng~ Estate Division