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HomeMy WebLinkAboutJoint Powers Training Facility - 1985-05-061 2 3 4 5 1.1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 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: CCA:sf:a1J 1218w-1 -1- 5-31-88 1 2 3 4 5 6 7 8 9 101 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 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 CCA:sf:alj 1218w-2 5-31-89 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. -2- 1 2 3 4 5 6 7 8 0 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. CCA:sf :al j 1218w-3 5- 31-88 -3- 10. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 CCA: sf :cv 1218w-4 5 -17-88 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. -4- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 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 CCA:sf:cv 1218w-5 5-17-88 COUNTY COUNTY OF ORANGE Chairman of t �Boar4o Supervisors JUN 21 1988, -5- � 1 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 Tor f�v�r<,v6ra.J� 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, P,F1C13.2.3 (12041 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. WA Jti:al j 170-9-1(8) 4-12-55 1 .2 3 4 b� 61 8 9 10 11 12 13 14 15 16 17 18 19 20 21 zz 23 zs 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 110-9-2(10) 5-29-85 •2- 1{ 2'I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 RC:nb 170-9-3(11) -3- 4-22-85 1 2 3 4 5 6 1Is 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: RC:al j 110-94(10) 4 -23-65 -4- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 JM:nb 170-9-5(5) 4-22-85 -5- 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 3-7-85 INITIATED AND APPROVED: 1 2 3 4 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 19 20 21 22 23 24 25 26 27 28 RM:alj 170-9-7(4) 12- 7 - F 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. 2f9bf (�,5 P10 4184 u W 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)