HomeMy WebLinkAboutJoint Powers Training Facility - 1985-05-061
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GA 862-2
Huntington Beach Training Facility
FIRST MENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT is made Zt, N e Al , 19881
by and between the City of Huntington Beach, a municipal corpora —tin of Re State of
California, hereinafter referred to as "CITY", and the County of Orange, hereinafter
referred to as "COUNTY", without regard to number and gender.
RECITALS
A. By License dated June 18, 1985, CITY granted COUNTY a non-exclusive License
("License") for use of the fire training facility ("Premises") at 18301 Gothard
Street, Huntington Beach, California. -The License has a term of one year with
automatic annual renewal.
B. COUNTY pays CITY an annual license fee to use the Premises for conducting fire
traininq exercises, promotional testing, public relations fire programs, research
and development. and academy training.
C. The License requires that the COUNTY provide a training officer on an average of
twenty hours per week for various training activities, which, in addition to
annual license fees, amounts to COUNTY expenditures of approximately $24.000 per
year.
D. COUNTY is no longer able to provide a training officer as required by the License
and, with CITY's approval, discountinued the training officer position July 1,
1987.
E. In lieu of providing a training officer at the Premises, COUNTY wishes to pay an
increased annual license fee to CITY commencing July 1, 1988, and CITY is willing
to accept the increased license fee as compensation for COUNTY not providing an
officer at the Premises.
F. COUNTY wishes to compensate CITY, in lieu of providing a training officer between
July 1, 1987, and June 30, 1988, by making a retroactive payment to CITY in the
amount of $23,955 to cover that period.
NOW, THEREFORE, in consideration of the above, the parties hereto agree that effective
June 30, 1988, the aforesaid license is hereby amended as follows:
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I. Section 4 (LICENSE FEE AND OTHER CONSIDERATION) is deleted from the License and
in its place is substituted:
4. LICENSE FEE AND OTHER CONSIDERATION
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A. COUNTY agrees to pay CITY Twenty -Three Thousand Nine Hundred Fifty -Five
Dollars ($23,955) in lieu of providing a training officer at the Premises
between July 1, 1987, and June 30, 1988. COUNTY shall make payment to
CITY within forty-five (45) days after execution of this agreement.
B. COUNTY agrees to pay CITY an annual license fee for the use of the
Premises in the amount of Twenty -Nine Thousand Eight Hundred Twenty
Dollars (129,820). The license fee is payable in semi-annual
installments of Fourteen Thousand Nine Hundred Ten Dollars (114,910) in
arrears, on January 1 and July 1 of each year the License Agreement is in
effect. The first installment shall be due and payable January 1, 1989.
The license fee shall apply to COUNTY's use of the Premises as follows:
400 hours at the Fire Tower, 360 hours at the Pump Test Pit, and 80 hours
at the Gas Tanker Props, totalling 840 hours.
COUNTY and CITY agree that these hours are elapsed time hours and not
man-hours. Application of such hours may be adjusted within the areas
noted above and may also be used for classroom and/or video room time
when available.
Additional facility use hours may be arranged provided hours are
available on the master calendar and with the agreement of the Facility
Manager (Huntington Beach Fire Department Deputy Operations Chief) at a
rate of Thirty -Five Dollars ($351 per hour for each specific use (Fire
Tower, Pump Test Pit, Gas Tanker Props, etc.).
No charges shall be made for hours scheduled then cancelled provided
COUNTY gives CITY a 72-hour minimum written cancellation notice. The
72-hour written notice shall be waived by the CITY in the event of
inclement weather, emergency deployment needs, or other reasonable
unforeseen circumstances.
A quarterly statement shall be provided to COUNTY's Director of Fire
Services by CITY's Facility Manager Department Deputy showing actual
hours used to date. Said statement shall be issued on July 1, October 1,
January 1, and April 1 of each year. CITY agrees to provide a desk and
phone for use by COUNTY. COUNTY agrees to pay all toll and message unit
charges over and above the base phone rate.
C. COUNTY agrees to provide CITY with disposable dry goods, propane and
diesel products, as requested by CITY, not to exceed an annual value of
Twelve Thousand Dollars ($12,000).
D. COUNTY agrees to replace diesel and propane products used by COUNTY in
its training activities at Premises.
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E. COUNTY and CITY agree to develop and exchange audio visual programs of
mutual benefit to both COUNTY and CITY.
F. COUNTY and CITY agree that the value of items listed in Section C shall
be subject to a 6% per year automatic adjustment commencing July 1, 1989,
and continuing for all subsequent years of the License Term.
j H . All other terms and conditions of License Agreement dated June 18, 1985, shall
remain unchanged.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
and through their authorized officers the day, month, and year first above written.
EXECUTED at Huntington Beach, California, this day of 1488.
ATTEST:
City C eri
REVIEWED AND APPROVED:
City Administrator
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CITY
CITY OF HUNTINGTON BEACH,
a Municipal Corp
pratiory
By
APPROVES FOR FORM:
T-t a L
City Atto r y
T.1 T TT Arrn AIM Annnnsir'n.
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Approved as to form:
County Counsel
RECOMMENDED FOR APPROVAL:
Orange County Fire Department
By /s/ R.H. Hennessey
General Services Agency
Facilities & Real Property
Real Estate Division
BY
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMP14 OF THE BOARD
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
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COUNTY
COUNTY OF ORANGE
Chairman of t �Boar4o Supervisors
JUN 21 1988,
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REQUES%r} FOR CITY COUNCILACTION
Date _. May 24. 148R
Submitted to: Honorable Mayor and City CouncilPgp�,�D�
Submitted by: Paul E. Cook, City Administrator � �Y, �Ty/ OUN L
CI
Prepared by: Raymond C. Picard, Fire C
Subject: FIRST AMENDMENT TO LI ENSE AGREEMENT FOR TRj
BY THE ORANGE COUNTY FIRE DEPARTMENT
Consistent with Council Policy? [XI Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE: v
Vie Mainge County Fire Department desires to continue to use the Net 6 Training Center for
fire training purposes. The County also desires to modify the terms of the original License
Agreement by eliminating the provision for assigning a Training Officer to the facility for
twenty (20) hours per week and pay an increased annual license fee in lieu of providing this
officer.
RECOMMENDATION:
The Mayor and the City Council approve the FIRST AMENDMENT TO LICENSE AGREEMENT
FOR TRAINING FACILITY USE BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND
THE COUNTY OF ORANGE for the purpose of allowing the Orange County Fire Department to
continue to use the training facility on a limited time basis.
ANALYSIS:
Huntington Beach and the Net 6 cities have had an excellent working arrangement between the
cities and the County of Orange Fire Department for many years and all parties are agreeable
to continuing the joint training facility use agreement. The primary advantage is improved
emergency operations between fire agencies. The other advantages are that the Net 6 cities,
by original Agreement in 1972, desire to keep the maintenance costs low by using rental funds
for partial upkeep of the facility and, the Orange County Fire Department does not, as yet,
have a training facility; and therefore, must rent space from other agencies.
The County and cities now desire to amend the Agreement because the Orange County Fire
Department desires to use the twenty (20) hour as-Agned Training Officer elsewhere and the
cities' desire to increase their license fees for major repairs required at the Joint Powers
Training Center.
There is a retroactive payment provision in this Agreement as the reduced use of the Training
Officer was administratively agreed to while the amendment was proceeding through the formal
process.
FUNDING SOURCE:
No funds are required as this is an increase revenue item of $24,000 per year for the Net 6
maintenance account which is specifically set aside for maintenance and repair.
ALTERNATIVE ACTIONS:
Maintain or cancel the original License Agreement.
ATTACHMENTS:
1. First Amendment To License Agreement.
2. Original Request For City Council Action, April 25, 1985.
3. Original License Agreement, June 18, 1985. /
RCP/sr/8096f
P10 4184
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copy
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
JUNE 21, 1988
FIRST AMENDMENT TO LICENSE AGREEMENT FOR TRAINING FACILITY WITH CITY OF
RNTINGTON H: Fire Department requests approval of First Amendment to
License greement with the City of Huntington Beach for use of the City's fire
training facility at 18301 Gothard Street, Huntington Beach.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez, the
ooard moved to: 1. Authorize execution of the amendment. 2. Authorize the
Auditor -Controller to issue a warrant in the amount of $23,955 in favor of the
City of Huntington Beach; said warrant is to be made payable from FUBU
1211-220, Fiscal Year 1987-88 budget. LOTION UNANIMOUSLY CARRIED.
a F1013-2.3 112/7 6)
GSA-
AiINUTES OF THE BOARD OF SUPERVISORS be
- OF ORANGE COUNTY, CALIFORNIA
• 4
JUNE 18, 1985
LICENSE AGREEMENT FOR TRAINING FACILITY USE BY ORANGE COUNTY FIRE DEPARTMENT - CITY OF
• : On motion y Supervisor Clark, seconded y Supervisor
Wieder_,__tFe_M_erk of the Board, on behalf of the Board of Supervisors, was authorized
to execute the License Agreement for Training Facility Use with the City of Huntington
Beach for non-exclusive use of the city's Fire Training Center located at 18301
Gothard Street, Huntington Beach, for an annual license fee of $5,000, for one year
with automatic renewal unless notice of termination is given by either the City or the
County 45 days before the expiration of the current term, as recommended by GSA/Real
Estate Division. MOTION UNANIMOUSLY CARRIED,
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iGA 862-2
Huntington Beach Training Facility
LICENSE AGREEMENT FOR TRAINING FACILITY USE
BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH
AND THE COUNTY OF ORANGE
THIS AGREEMENT is made and entered into this /e M day of 1985,
by and between the City of Huntington Beach, a mun c pal corpocationo the a State of
California,.hereinafter referred to as "CITY," and the County of Orange, hereinafter
referred to as "COUNTY." a political subdivision of the State of California.
WHEREAS, the City of Huntington Beach owns a parcel, of land situated at 18301 Gothard
Street. City of Huntington Beach. County of Orange. State of California.
WHEREAS, the cities of Westminster and Fountain Valley, as part of "net 5." have
contracted with the City of Huntington Beach for the use of the parcel at 183U1 Gothard
Street for a period of forty-nine (49) years. expiring in the year two thousand twenty-
one (2021) to construct, operate, and maintain a fire training center.
WHEREAS, CITY wishes to grant COUNTY a License for use of Premises in the manner herein
Idescribed.
SNOW, THEREFORE, the parties hereto mutually agree as follows:
11. GRANT OF LICENSE
COUNTY is hereby granted by CITY a non-exclusive License for use of the fire training
center hereinafter referred to as Premises, shown on Exhibit A, which is attached hereto
and by reference made a part hereof, on the terms and conditions set forth below.
2. USE OF PREMISES
Premises are to be used solely for the purposes of conducting standard fire training
,exercises, promotional testing, public relations fire programs, research and development,
sand academy training, both in the classrooms and exterior yard training areas. COUNTY
shall have access for the above mentioned purposes to all classroom areas, fire simulator -
room, and all exterior yard areas including the test pit, drill towers. and burn building
on the terms and conditions set forth herein.
13. TERM
IThe terns of this License shall be one (1) year, commencing July 1, 1984.
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This License will automatically be renewed from year to year unless either CITY or COUNTY,
give to the other written notice that this License shall terminate at the expiration
of the then current term. Written notice shall be submitted at least forty-five (45)
days prior to the expiration of the then current term, which notice shall be served in
accordance with Section 15 (NOTICES) of this License.
ICOUNTY shall have the option to terminate this License at any time upon giving CITY
written notice at least sixty (60) days prior to termination.
4. LICENSE FEE AND OTHER CONSIDERATION
A. COUNTY agrees to pay CITY an annual license fee for the use of the premises
in the amount of Five Thousand Dollars ($5.000). A One Thousand Two Hundred Fifty
Dollar ($1,25O) payment will be due and payable upon completion of each three-month
period the License is in effect.
B. COUNTY agrees to provide CITY with disposable dry goods, on an annual basis,
from the County Service Center that are requested by CITY, not to exceed an annual
value of Five Thousand Dollars ($5,000).
C. COUNTY agrees to annually provide CITY with diesel and propane products,
as requested and used by CITY. not to exceed an annual value of Five Thousand
Dollars ($5,000).
D. COUNTY agrees to replace diesel and propane products used by COUNTY in its
training activities at Premises.
E. COUNTY agrees to provide a training officer on an average of 20 hours per
week for the purpose of scheduling COUNTY on the annual master training schedule,
Drill Ground Evaluations, and assistance to "Net 6" cities fire departments
in providing coordinated training activities.
F. COUNTY and CITY agree to develop and exchange audio visual programs of
mutual benefit to both COUNTY and CITY,
G. COUNTY and CITY agree that the value of items in Section A through C shall be
subject to a 6% per year automatic adjustment commencing the beginning of the second
and subsequent years of the License Term.
15. OPERATIONS
It is agreed by the parties that. CITY'S and COUNTY'S Fire Chiefs are hereby designated
to be jointly responsible for the day to day operations of this License. Operational
procedures shall be agreed upon by CITY and COUNTY Fire Chiefs.
Furthermore, COUNTY agrees that any conflict will be resolved by the CITY and COUNTY
Fire Chiefs.
6. ALTERATIONS
COUNTY may not make improvements and changes in the Premises without the prior written
approval of CITY.
28 11 RC -.rib
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if
17. IIAINTENANCE AND REPAIR
ICOUNTY agrees to maintain the Premises, in a neat, clean, and orderly condition at all
times during its occupancy.
CITY agrees to be responsible for routine janitorial services and all repair and
maintenance at the Premises. However, COUNTY agrees to reimburse CITY for repair of any
damage to structures or premises caused solely by COUNTY's negligence. CITY shall notify
COUNTY of specific damage and provide an invoice for the repair costs to be: reimbursed.
18. BUILDING AND SAFETY REQUIREMENTS
During the full term of this License, CITY and COUNTY agree to comply with all applicable
building codes, statutes, and orders as they are applicable on the date of this License,
and as they may be subsequently amended.
CITY further agrees to maintain the Premises as a "safe place of employment", as defined
in the California Occupational 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 License, and as they may
be subsequently amended.
Conditions caused solely by COUNTY and not subject to the control of CITY are excluded
from this provision.
±9, UTILITIES
CITY shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Premises.
10. INSURANCE
COUNTY agrees to provide the CITY or its agents a certificate of comprehensive
eneral liability insurance, acceptable to CITY, in the amount of Ten Million Dollars
$10,000,000) naming CITY as an additional insured against claims for injuries to persons
or property occurring in, upon. or about the Premises resulting from performance of this
License by COUNTY. At COUNTY's option, COUNTY may self -insure the coverages required by
this paragraph.
11. INDEMNIFICATION
COUNTY shall defend, indemnify, save and hold harmless CITY. its officers, agents, and
employees from and against all claims, demands, loss or liability of any kind or nature
which CITY may sustain or incur or which may be imposed upon them as a result of. arising
out of, or in any manner connected with the use of the licensed premises by COUNTY, its
officers, agents, employees or invitees, herein as "COUNTY", and which may arise from they
sole negligence of COUNTY.
COUNTY shall be required to defend any action brought against CITY, when it is alleged
that any cause or causes of action arose out of the aforesaid use of the License Premises
by COUNTY and the combined active or passive negligence of CITY and of COUNTY; however.'
COUNTY shall not be required to indemnify or save and hold harmless CITY for any award
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of damages arising out of either the active or passive negligence of CITY or CITY's share
of any concurrent or joint negligence award against both CITY and COUNTY. CITY may
enter into any action brought against CITY and COUNlY and provide for their own defense
without any rights to reimbursement for cost of defense from COUNTY. In the event a
final judgment is entered against CITY and COUNTY because of the concurrent or joint
negligence of CITY and COUNTY and the parties defendant cannot agree as'to an apportion-
ment of the damages, an apportionment of liability to pay such judgment may be requested
of the court in which the judgment was rendered but in no case shall a jury apportionment
be demanded or requested.
12. ASSIGNKENT
COUNTY shall not assign this License or any interest herein or permit the use of PREMISES
by any person or persons other than those under COUNTY's control.
13. DAMAGE OR DESTPUCTION
If the PREMISES shall be destroyed by any cause or be so damaged thereby that they are
untenantable and cannot be rendered tenantable within sixty (60) days, this License may
be to miinated by CITY or COUNTY by immediate written notice to the other party. in
accordance with Section 16 (NOTICES).
14. PEKEDIES IN BREACH
A. In the event of any breach of this License by COUNTY, CITY shall notify COUNTY
within five (5) days in accordance with Section lE (NOTICES) of such breach, and
COUNTY shall gave thirty (30) clays from receipt of said notice to cure the breach,
unless otherwise agreed by the parties.
B. If COUNTY fails to cure any breach of this License within thirty (30) days, CITY
may serve a written notice, in accordance with Section 16 (NOTICES) upon COUNTY that
CITY elects to terminate this License upon a specified date not less than five (5)
days after the date of the serving of such notice, and the License shall then expire
on the date specified.
194. PARTIAL INVALIDITY
If any tern, condition, covenant, or provision of this License 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.
�16. NOTICES
All notices pursuant to this License shall to addressed as set forth below or as both
parties may hereafter agree in writing. and shall be sent through the United States mail
or hand delivered as follows:
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TO: COUNTY
County of Orange:
GSA/Real Estate Division
P. 0. Box 4106
Santa Ana, CA 92702
and
Orange County Fire Department
180 South stater Street
Orange, CA' 92666
TO: CITY
Fire Chief
Huntington Beach fire Department
P. 0. Box 190
Huntington Beach, CA 92648
17. ENTIRETY
The foregoing represents the entire agreement between the parties. This License may be
amended or modified by written agreement only.
18. ATTACH14ENTS
This License includes the following, which are attached hereto and made a part hereof.
I. Exhibit A - Hap
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and
through their authorized officers the day, month, and year first above written.
EXECUTED at Huntington Beach, California, this d< day of 1985.
CITY OF HUNTINGTON BEACH,
a Municipal corporation
141
By
_:�9-Mayor
ATTEST: APPROVED AS FUR FORM:
City Clerk City Attor ey
REVIEWED AND APPROVED:
nistr
Kalj
17U-9-6(5)
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INITIATED AND APPROVED:
1
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Approved as to form:
Countv SLounsel -00
6 RECOMMENDED FOR APPROVAL:
7 Orange County Fire Department
8
9 By JAMES W. RADLEY
10 General Services Agency
11 Facilities & Real Property
Real Estate Division
12
13 By
14 SIGNED AND CERTIFIED T T A COPY OF
15 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
16
17 L ND D. ROBERTS
18 Clerk of the Board of Supervisors
of Orange County, California
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COUNTY
COUNTY OF ORANGE
C a rman of the Board of Superv' ors
I Oat*: ;3-15•SS I KC41 f slaTc Divr,.
--' REQUESef FOR CITY COUNC ' ACTION
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administr
Prepared by: Raymond C. Picard, Fire Chie
Subject: LICENSE AGREEMENT FOR RAINING FACII
FIRE DEPARTMENT
ril 25. 1985
Consistent with Council Policy? [ ] Yes [XI New Policy or Exception
IL
ED BY GtTY COU;.�C—
s- 16
i ]. CITY C�- �
ORANGE COUNTY
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:'✓
ISSUE:
The Orange County Fire Department desires to use training space at the Joint Powers Training
Center on a limited hourly basis until they can acquire their own training facility.
RECOMMENDATION:
Approve a limited use contract between the City of Huntington Beach and the County of Orange
for the purpose allowing the Orange County Fire Department to use our training facility on a
limited time basis.
ANALYSIS:
The Orange County Fire Department does not have a suitable fire training facility and they desire
to use space on a limited time basis from the City for training purposes.
Some of the time usage will be joint training activity and for mutual benefit to Net Six. Also, this
will provide some revenue to Net Six which will be utilized to maintain the facility.
The Iong range plan is for the Orange County Fire Department to acquire their own facility. Also,
if any conflict arises the contract can be canceled within 45 days.
FUNDING SOURCE:
No funds required and revenue will be acquired.
ALTERNATIVE ACTIONS:
Do not enter into mutual agreement.
ATTACHMENTS:
License agreement for training facility use by and between the City of Huntington Beach and the
County of Orange.
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
May 8, 1985
yew-%--
36mes Merrick
GSA Real Estate Division
811 N. Broadway
Santa Ana, CA 92701
CALIFORN[A 92648
The City Council of the City of Huntington Beach at its regular
meeting held Monday, May 6, 1985 approved a License Agreement For
Training Facility Use by and between the City of Huntington Beach
and the County of Orange.
Enclosed is the duly executed original agreement together with a
Statement of Council Action.
Please return a copy to this office, upon execution by the County.
Alicia M. Wentworth
City Clerk
cc: R. Picard - Fire Chief
(Telephone 714.536-62Y7)