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HomeMy WebLinkAboutNB 1 FIRE CONTRACT 04-16-84 NEW BUSINESS NO. 1 OATE: April 11, 1984 FROH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL BILL HUSTON, CITY MANAGER FIRE CONTRACT RECOI, t~#DATION: That the City Council approve the contract with the Orange County Fire Department for fire suppression, prevention and paramedic services through June 30, 1984. OISCUSSION: The contract price is $1,772,315 based upon the County's cost allocation plan. The proposed agreement is the same as the one that expired except for the price and elimination of language pertaining to multi-year services. This language has been eliminated in order to determine whether there is an alternative method for setting the cost of County fire services effective July 1, 1984. Section 2 of the proposed agreement provides that the County and City agree to negotiate an alternative method of determining the cost for fire services after July 1, 1984. BH:dmt AGREEMENT THIS AGREEMENT, mode and entered into this Ist day'of July 1983, 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 hove 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 ,1983, through June 30 ICj84, CiTY shall pay to COUNTY the sum of $1,772,315. All payments due COUNTY shall be paid quarterly in arrears commencing on or before October I, 1983. As of March I~;, 198~, CITY has paid COUNTY $66~,,357.10~ balance remaining is $1,107,957.90. This year's contract price is based on the Cost Allocation Planj however, COUNTY and CITY agree to begin negotiations to seek an alternative mutually agreeable method of cost determination for CITY'S charges. 3. This Agreement shall become effective July I, 1983, and may remain in force through June 30, 198~,. ~,. CITY shall retain ownership to the land and building used for a fire station located at 1~,901 IRed Hill Avenue, presently designated as Zustin Station No. 2 (County Station No. 37). CITY agrees to lease the premises to the COUNTY based on lease document dated July I 1983, and made an attachment to this Agreement. 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 Jn 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 protection services between CITY and COUNTY. for fire IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. DATE= 198q 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 Doris L. Hilbert Clerk of the Board of Supervisors County of Orange, California GA 8~1-1 Tustin Fire Station No. 2 LEASE THIS IS A LEASE, made this Ist day of July, 1983 by and between CITY OF TUSTIN, hereinafter referred to as "LESSOR," and COUNTY OF ORANGE, hereinafter referred to as "TENANT," without regard to number and gender. WHEREAS, LESSOR and TENANT have entered into a Fire Protection Agreement dated July I, 1983, wherein TENANT has agreed to provide fire protection services for LESSOR; and WHEREAS, TENANT requires the use of LESSOR'S fire station facility known as "Tustin Fire Station No. 2" for the purpose of providing said fire protection services; NOW, THEREFORE, I. DEMISED PREMISES (A2.1 S) LESSOR leases to TENANT that 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 that area shown crosshatched on Exhibit B. However, LESSOR shall have the right of ingress and egress over the paved driveway area located to the south of the fire station building for access to LESSOR'S maintenance facility. Said right of ingress and egress shall be subordinate to TENANT'S right to use of the Demised Premises. It is further understood that TENANT'S fire station use requires that the driveway shown crosshatched on Exhibit B remain open to vehicular traffic at all times. LESSOR agrees to take such steps as necessary to insure that said driveway remains open to vehicular traffic at all times. 3. TERM (A5.1 S) The term of this Lease shall run concurrently with the term of the Fire Protection Agreement between LESSOR and TENANT dated July I, 1983. If said Fire Protection Agreement is terminated for any reason, this Lease shall also be terminated in its entirety. 4. RENTAL(AT. IS) TENANT agrees to pay to LESSOR as rental for the Demised Premises during the full term of this Lease the sum of Nine Hundred Fifty-six Dollars ($956) per month. -I- Payment will be due and payable within 20 days after the later of the following: I. The first day of the month following the month earned; or 2. Receipt of LESSOR'S written claim by and acceptable to TENANT'S General Services Agency. Should TENANT occupy the Demised Premises before 'the first day of the lease term, LESSOR shall be entitled to pro rata rental 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 rental shall be included in the rental 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 (A I 0. I S) TENANTmay make improvements and changes in the Demised Premises~ including but not limited to the installatioh of fixtures, partitions, counters, shelving, and equipment as deemed necessary. It is agreed that any fixtures, equipment attached to or placed upon the Demised Premises, at any time, shall be considered as personal property of TENANT, who shall have the right to remove same at any time prior to the expiration of this Lease or extension thereof. TENANT agrees that the Demised Premises shall be left in as good condition as when received, reasonable wear and tear excepted. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (A I I. I N) LESSOR shall provide at its own cost and expense all repair and maintenance services to Demised Premises, including but not limited to the repair and maintenance of the heating and air conditioning systems, painting of interior and exterior walls, and landscape maintenance. TENANT shall, however, reimburse LESSOR for any expense incurred for repairing plumbing defects caused by the introduction of foreign matter into the plumbing fixtures. LESSOR also agrees to provide at its own cost and expense weekly trash pick-up from the Demised Premises. 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 to remedy the unsatisfactory conditions within 5 days after such notice has been mailed or delivered by TENANT, TENANT may provide the repair or maintenance necessary to remedy the unsatisfactory condition, or have others do so, and deduct the cost thereof from the rent thereafter payable. Janitorial supplies and services shall be provided by TENANT and shall include but not be limited to the supplying of rest room expendables and replacement of light bulbs and fluorescent tubes. 7. UTILITIES (Al3.1 N) TENANT shall be responsible for and pay, prior to the delinquency date, charges for all utilities, excluding water, supplied to the Demised Premises. LESSOR shall be responsible for and pay, prior to delinquency date, all charges for water supplied to the Demised Premises. -2- Se FIRE INSURANCE (A I ~,. I S) 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 fire insurance shall be o 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. 9. PUBLIC LIABILITY INSURANCE (AIS. I N) TENANT agrees, at its sole expense, to maintain in force during the term of this Lease full comprehensive public liability insurance, insuring against any and all claims for injuries to persons or property occurring in, upon, or about the Demised Premises. Said policy 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. I 0. DEFAULTS AND REMEDIES (A 17. I 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. I I. NOTICES (A 18. I S) All 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 sent through the United States mail. TO: LESSOR TO: TENANT City of Tustin Office of the City Administrator Centennial at Main Tustin, California 92680 County of Orange GSA/Real Estate Division P. O. Box b. 106 Santa Aha, California 927020 and County of Orange Fire Protection 180 South Water Street Orange, California 92666 1:2. ATTACHMENTS (A 19. I S) This Lease includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS A. Description- Demised Premises B. Plot Plan - Demised Premises -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR CITY OF TUSTIN BY BY APPRO~ TO FOR~ APPROVED AS TO AUDIT AND ACCOUNTING: Auditor-Controller BY RECOMMENDED FOR APPROVAL: Fire Protection BY Chief General Services Agency Facilities and Real Property Real Estate Division BY Real Property Agent BY Manager ATTEST: COUNTY OF ORANGE Doris L. Hilbert Clerk of the Board of Supervisors of Orange County~ California TENANT BY Chairman, Board of Supervisors I. GENERAL COgDITIONS (A20 S) 1. LEASE ORGANIZATION (A20.1 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 (A20.2 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 1N INTEREST (A20.3 S) Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, suc- cessors, 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 (A20.4 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 reasonable attorney fees, as may be fixed by the Court. 5. CIRCUMSTANCES I~ICH EXCUSE PERFORMANCE (A20.5 S) If either party hereto shall be delayed or prevented from the perform- ance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, 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 a period equivalent to the period of such delay. Uowevet, 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. DESTRUCTION OF OR DAMAGE TO DEMISED PREMISES (A20.6 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, [or any reason other than TEHANT'S act, use, or · occupation, except as orbs[wise provided herein; LESSOR shall immediately make repairs as ate necessary to testers the Demised Premises to the condition which existed prior to destruction et Ll14A-l-l,2 December 27, 1974 damage and/or make re)airs as are nocensary to make the Demised Premises safe and fit for occupancy. The destruction (including any ~eotruction necessary in order Co ~ake repairs required by any ~.:cln~ation), dnmage~ or declaration shall in no wise render this Lea~e nutl and void; shall, however, bo entitled to a reduction of rent du~inq any period its use and occupancy of the Dc~nined Premises is adversely affected by reason of destruction, domago, declaration, and/or subseqt~ent repair required thereby· Such reduction shall be proportionate to the interference with T~NANT'S ordinary use of the Demised ~remises. LESSOR refuses to make such repairs or if such repairs are not com- pleted by L~SSOR within sixty (&0) days, TENANT may~ at ~ts optlo,~ terminate the lease or make such repairs and ~educt TENANT'S direst indirect cost thereof from rent owing LESSOR· ?. AMEND~IENT (A20.?.S) This Lease sets forth the entire agreement between LESSOR and TENANT and any modification must be in the form of a written amendment. 8. PARTIAL INVALIDITY (A20.8 S) If any term~ covenant~ condition, et provisi.on of this Lease is held by a court of competent lurisdiction to be invalid, void, or unenforceable~ the remainder of the provisions hereof shall remain in full force and ef:ect and shall in no way be af[ected~ impaired, or invalidated thereby. ~. HAIVER OF'RIGHTS (A20.9 S) The ~ailute 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 ~aiver o~ any right DC remedy that LESSOR or TENANT may have~ and shall not be deemed a waiver of any right or remedy for s subsequent breach et default of the terms, conditions~ and covenants herein contained. 10. HOLDING OVER iA20.10 S) In the event TENANT shall continue in possession of the Demised Premises after the term of this Lease, such possession shall not be considered · renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this ~ease, ll. TIME (A20.11 S) Time is'of the essence of this Lease. ~2. DEFINITION OE TENANT (A20.12 S) ~he term "TENANT" shall mean the Board o~ Supervisors of the pol'itical body that ~xecuted th~s agreement o: its authorized teptesentatiVeo LI14A-I-3,4 " ~atch 22, 1976 LEASE DESCRIPTION PROJECT NO:. PROJECT: PARCEL NO. B.R. NO: GA 861 Tustin Fire Station No. 2 1 DATE: N6vember 22, 1977 WRITTEN BY: RFD'.~ CHECKED BY: PDP APPROVED BY: FLH ~_ PARCEL GA 861-1 All the demised premises shown crosshatched 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 located on a portion of Lot 63, Block ll of the 1trine Sub- division, per map recorded in Book l, Page 88 of Miscellaneous Maps in the office of the County Recorder of said County. "NOT TO BE RECORDED EXHIBIT tlo. Z.. COUNTY OF ORANGE DEPARTMENT OF REAL PROPERTy SERVICES