HomeMy WebLinkAboutCC 9 FIRE CONTRACT 07-02-84 CONSENT CALENDAR
.m,~ ~ NO. 9
BILL HUSTON, CITY MANAGER
SUBJECT: 1984-85 FIRE CONTRACT
RECOMMENDATION:
That the City Council approve the attached agreement between the CiTM and the
County of Orange for fire suppression, prevention and paramedic services through
June 30, 1985.
The 1984-85 contract price of $1,860,736 is 5% more than the 1983-84 amount.
Under the agreement, the County will provide three engine companies, one truck
company and one paramedic unit along with any necessary backup from other County
fire stations and other agencies through the County's mutual aid agreements.
Section 2 of the agreement provides that the City and the County will continue
negotiations to seek an alternative method of establishing the price for fire
· services. As the City Council is aware, the 1984-85 budget includes monies to
retain a consultant.to assist staff in evaluating the cost-effectiveness of the
county fire contract and alternative ways of providing fire services.
As with previous agreements, the City will lease its fire station on Red Hill
Avenue to the County for the term of the fire services agreement. The lease, a
copy of which is attached, is the same as previously us~:ept that the
monthly rent has not been determined. The County paid(~_.~-,)er month until June
30, 1984, however, staff feels the rate should be increased. Rather than delay
the agreement, it would be appropriate for the City Council to approve the
contract subject to the City and County reaching an agreement on the rental
rate.
BH:do
AGREEMENT
THIS AGREEMENT, made and entered into this Ist day of July 1984, 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,
hereinafter referred to as "CITY."
WHEREAS, CITY desires to have COUNTY perform certain fire protection
functions within the CITY pursuant to Government Code Section 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, I
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. In consideration of the services provided under this Agreement from July I,
1984, through June 30 1985, CITY shall pay to COUNTY the sum of $1,860,736. All
payments due COUNTY shall be paid quarterly in arrears commencing on or before
October I, 198~,. This year's contract price is based on the Cost Allocation Plan;
however, COUNTY and CITY agree to continue negotiations to seek an alternative
mutually agreeable method of cost determination for CITY'S charges.
3. This Agreement shall become effective July I, 198/~, and may remain in force
through June 30, 1985.
zt. CITY shall retain ownership to the land and building used for a fire station
located at I/tg01 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
Lease attached hereto as Exhibit A.
5. 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 omissions 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.
~;. 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. COUNTY shall be solely responsible for all personnel
actions relating to COUNTY employees utilized in the performance of this Agreement.
7. This Agreement supersedes and cancels any prior agreement for fire
protection services between CITY and COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
DATE:
1984 COUNTY OF ORANGE
By:
Chairman, Board of Supervisors
ATTEST:
By:
CITY OF TUSTIN
By:
Mayor
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
Linda D. Roberts
Clerk of the Board of Supervisors
County of Orange, California
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bRAI:T- SUBJECT TO CHANGE
GA 861-2
Orange County Fire Station No. 37
(Tustin Fire Station No. 2)
LEASE
THIS IS A LEASE, made this day of , 1984, by and between CITY OF TUSTIN,
hereinafter referred to as~SOR', ani)"~i]-d-hq~r-OF ORANGE, hereinafter referred to as
'TENANT,, without regard to number and gender.
RECITALS:
A. LESSOR and TENANT have entered into a Fire Protection Agreement dated July 1,
1984.
B. TENANT has agreed to provide fire protection and medical aid services for LESSOR.
C. 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 TENANT hereby agree as follows:
1. DEMISED PREMISES (AA2.1 S)
LESSOR leases to TENANT th'at certain property hereinafter referred to as "Demised
Premises', described in 'Exhibit A' and shown on 'Exhibit B", which exhibits are
attached hereto and by reference made a part hereof.
USE (N)
The Demised Premises shall be used for the purpose of operating a fire station.
TENANT is granted exclusive use of the Demised Premises, except for that portion of the
driveway shown crosshatched on Exhibit B, to which LESSOR reserves the right of ingress
and egress. LESSOR and TENANT agree to take such steps as necessary to fnsure that said
driveway remains open to vehicular traffic at all times.
3. TERM (AB3.! N)
The term of this Lease shall run concurrently with the term of the Fire Protection
Agreement between LESSOR and TENANT dated July l, 1984. If said Fire Protection
Agreement is terminated for any reason, this Lease shall also be terminated in its
ent i rety.
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4. RENT (AC1.1 ,S)
TENANT agrees to pay to LESSOR as rent for the Demised Premises the sum of
.... - (~ ~ ) 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 within 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.
Should TENANT occupy the Demised Premises before the first day of the lease term, LESSOR
shall be entitled to pro rata rent-for the period of occupancy and the amount of space
occupied prior to the beginning of the lease term based upon the monthly installment
above. Said rent shall be included in the rent claim submitted by LESSOR for the first
full month of the lease term and shall be paid by TENANT at the time of payment for
said month.
5. ALTERATIONS (AEI.1 S)
TENANT may make improvements and changes in the Demised Premises, including but not
limited to the installation of fixtures, partitions, counters, shelving, and equipment.
It is agreed that any such fixtures, partitions, counters, shelving, or equipment
attached to or placed upon the Demised 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 Demised Premises shall be left in as good condition as when
received, reasonable wear and tear excepted.
6. REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2.2 N)
TENANT shall provide, at its own cost and expense, all janitorial supplies and services
to the Demised 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 refinishing of interior surfaces, routine servicing of
plumbing and electrical systems, repair and maintenance of apparatus doors, and repair
of all damage caused by TENANT's misuse of the Demised Premises.
LESSOR shall provide, at its own cost and expense, all other repair and maintenance
items, including, but not limited to, replacement of roof coverings, repair and mainte-
nance of the heating and air conditioning systems, painting of exterior walls, and
repair and maintenance of parking areas, ramps, and driveways.
As to landscaping, TENANT shall be responsible for watering and maintenance of all
landscaping within the Demises Premises.
Lessor agrees to provide at its own cost and expense weekly trash pick-up from the
Demised Premises.
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If LESSOR fails to provide satisfactory repair and maintenance services to Demised
Premises, TENANT may notify LESSOR in writing; and if LESSOR does not instigate
measures to provide satisfactory service and/or to remedy the unsatisfactory conditions
within four days after such notice has been mailed or delivered by TENANT, TENANT may
provide the repair or maintenance necessary to remedy the unsatisfactory conditiond, or
have others do so, and deduct the cost thereof,including labor, materials, and overhead,
from the rent thereafter payable.
7. BUILDING AND SAFETY REQUIREMENTS (AE3.1 N)
During the full term of this Lease, LESSOR agrees to maintain the Demised 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.
LESSOR further agrees to maintain the structure and permanent improvements at the
Demised Premises as a "safe place of employment", as defined in the California Occu-
pational Safety and Health Act (California Labor Code, Division 5, Part l, Chapter 3,
beginning with Section 6400) and the federal Occupational Safety and Health Act, where
the provisions of such Ac~ exceed, or supersede, the California Act, as the provisions
of such Acts are applicable on the date of this Lease.
In the event LESSOR neglects, fails, or refuses to maintain said Demised 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.
8. UTILITIES (AE4.1 N)
TENANT shall be responsible for and pay, prior to the delinquency date, all charges for
all utilities supplied to the Demised Premises, except water, which shall be the
obligation of LESSOR.
9. FIRE INSURANCE (AE$.I N)
LESSOR shall maintain throughout the term of this Lease fire insurance with extended
coverage on the Demised Premises to the full insurable value of improvements located on
the Demised Premises. 'Included in the policy or policies of fi re 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 evi-
dence of compliance with these requirements. At LESSOR option, LESSOR may self-insure
the coverage required by this paragraph.
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10. 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 agalnst claims for injuries to per-
sons or property occurring in, upon, or about the Demised Premises. Said insurance
shall have limits of not less than $100,000 and $300,000 for injuries to person or
and not less than $100,000 for property damage. At TENANT'S option, TENANT
may self-insure the coverages required by this paragraph.
11. TAXES AND ASSESSMENTS (AE7.1 S)
All taxes and assessments which become due and pa~able upon the Demised Premises shall
be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
to be paid promptly.
12. INDEMNIFICATION (N)
TENANT agrees to indemnif~ 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, invitees, or licensees, in connection with the occupancy
and use of premises by TENANT.
Likewise, LESSOR shall indemnify and save harmless 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, invitees, or licensees,
in connection with the maintenance or use of the premises.
13. DEFAULTS AND REMEDIES .(AE8.1 S)
In the event of any breach of this Lease by TENANT, LESSOR shall notify TENANT in writing
of such breach, and TENANT shall have 30 days in which to cure said breach.
14. 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
)eriod of three years after final payment by COUNTY to LESSOR under this Lease.
15. NOTICES (AF8.1 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 mall.
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TO:
LESSOR
City of Tustln
Office of the City Administrator
Centennial at Main
Tustin, CA 92680
TO:
and
TENANT
County of Orange
GSA/Real Estate Division
P. O. Box 4106
Santa Aha, California 92702
County of Orange
Fire Protection
180 South Water Street
Orange, CA 92666
16. ATTACHMENTS (AF9.1 S)
This Lease includes the ,following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
A. Lease Description - Demised Premises
B. Plot Plan - Demised Premises
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IN WITNESS HEREOF, the parties have executed this agreement the day and year above
written.
LESSOR
CITY OF TUSTIN
APPROVED AS TO FORM:
County Counsel
By
RECOMMENDED FOR APPROVALf
Orange Count~ Fire Department
General Services Agency
Facilities & Real Property
Real Estate Division
Real Property Agent
Manage r
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
TENANT
COUNTY OF ORANGE
LIND~'~.' ROBERTS
Clerk of the Board of' Supervisors
of Orange County, California
Chairman, Board of Supervisors
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I. GENERAL CONDITIONS (AGI-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 Demised 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 contained
herein shall apply to and bind the heirs, successors, executors, administrators, and
assigns of al-1 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 performance 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 DEMISED PREMISES (AG6 S)
In the event of:
A. Partial destruction of or damage to Demised Premises; or
B. The Demised Premises being declared unsafe or unfit for occupancy by any
public authority authorized to make such declaration, for any reason other
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than TENANT'S act, use, or occupation, except as otherwise provided herein; LESSOR
shall Immediately make repairs as are necessary to restore the Demised Premises
to the condition which existed prior to destruction or damage and/or make repairs as
are necessary to make the Demtsed Premtses safe and ftt for occupancy. The destruction
(Including any destruction necessary tn order to make repairs requtred by any declara-
tion), damage, or declaration shall not render thts Lease null and void; TENANT shall,
however, be entitled to a reduction of rent during any period 1ts use and occupancy of
the Demised Premtses is adversely affected by reason of destruction, damage, declaration,
and/or subsequent repair requlred thereby. Such reduction shall be proportionate to the
Interference with TENANT'S ordinary use of the Demised Premises. If LESSOR refuses to
make such repairs or if such repairs are not completed by LESSOR within stxty (60) days,
TENANT may, at its option, terminate the lease or make such repatrs and deduct TENANT'S
direct and indirect cost thereof from rent owtng LESSOR.
7. AMENDMENT (AG7 S)
This Lease sets forth the entire agreement between LESSOR and TENANT and any modifica-
tion must be in the forntof 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 pro~
visions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
9. WAIVER OF RIGHTS (AG9 S)
The failure of LESSOR or TENANT to insist upon strict performance of any of the te~ms,
conditions, and covenants in this Lease shall not be deemed a waiver of any right or
remedy that LESSOR or TEN/~.NT 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. HOLDING OVER (AGIO N)
In the event TENANT shall continue in possession of the Demised Premises after the term
of this Lease, such possession shall not be considered a renewal of this Lease but a
tenancy from month to month and shall be governed by the conditions and covenants con-
tained in this Lease.
TENANT's Manager of GSA/Real Estate Division is authorized to terminate the Lease
during any month-to-month holdover pursuant to this clause.
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l l. TIME {AGll S)
Time is of the essence of this Lease.
1Z. DEFINITION OF TENANT (AG12 S)
The term "TENANT" shall mean the Board of Supervisors of the political body that exe-
cuted this agreement or its authorized representative,
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LEASE DESCRIPTION
PROJECT NO:
PROJECT:
PARCEL NO.
B. R. NO:
GA 861
Tustin Fire Station No. 2
1
DATE:
November 22, 1977
PARCEL GA 861-1
All the demised premises shown on a plot Plan marked Exhibit "B", attached
hereto and made a part hereof, being that certain Fire Station Building and
site at 14901 Red Hill Avenue, in the City of Tustin, County of Orange, State
of California and loqated on a portion of Lot 63, Block 11 of the Irvine
Subdivision, per map recorded in Book 1, Page 88 of Miscellaneous Maps in
the office of the County Recorder of said County.
NOT TO BE RECORDED
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EXHIBIT A
DRIVEWAY
FIRE HOUSE
DRIVEWAY
3'0 IN 7'
DRIV/'WAy
EXHIBIT B