HomeMy WebLinkAboutF-3a - Central Net Operations Joint Powers Authority• • May 26, 1992
Council Agenda
Item No. F-3(a)
TO: Mayor and Members of the City Council cv r.ae Cm COUNCIL
Y n CISY OF NEWPORT BEACN
FROM: Tim Riley, Fire Chief / r
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SUBJECT: Central Net Operations Joint Powers Authority ! — "
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RECOMMENDATION:
By Motion, approve and authorize the Mayor to execute an agreement with the Cities of
Fountain Valley, Huntington Beach, Newport Beach, and Westminster for the purpose of
creating a Joint Powers Authority to be known as the Central Net Operations Authority for
the purpose of sharing training and communication resources with these cities and appoint
City Manager Kevin Murphy as the City's Board Member and Fire Chief Timothy Riley as
the City's Alternate Board Member.
DISCUSSION:
The Joint Powers Authority provides a formal mechanism by which the Authority can fund
training and communications activities on a regional basis and recover funds for the cost
effective sharing of resources.
In 1969, the Cities of Fountain Valley, Huntington Beach, Westminster, and Seal Beach
entered into an agreement to consolidate fire emergency communications systems using
physical facilities and communications equipment funded solely by the City of Huntington
Beach which operates in the basement of 18301 Gothard Street in the City of Huntington
Beach. In 1972, the Cities of Fountain Valley, Huntington Beach, Westminster, and Seal
Beach (on a limited basis) collectively funded the construction of the Training Facility,
excluding the basement area, commonly known as 18301 Gothard Street in the City of
Huntington Beach. The Specific training areas are described in the Agreement's Exhibit "A"
and Exhibit "B" and includes the following:
A five -story training tower and fire building
2. Transportation, gas, and petroleum firefighting props
A fire control tower
4. A 2,000 gallon per minute pumper test pit and master stream collection pit and shield
5. Ground floor training office, classrooms, and multi -media office
6. Hydrant and water reclamation system
7. All underground utilities as described in Exhibit "C"
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These same four cities contributed to operating costs of the training and communications
facilities until 1981 when an agreement revision added the County of Orange on a limited
basis. An additional agreement revision occurred in 1987 when the City of Newport Beach
was added as a training and communications facility user.
Over the past 23 years, joint use of the training and communications facilities has proven cost
effective and has allowed each agency to provide a higher level of service to their respective
communities at lower cost. However, complexities of facility operations, inequities in the
sharing of operating costs among the members, and the potential for adding new, limited use
members has led to the need and desire of the participants to formalize their participation by
exploring and developing a Joint Exercise of Powers Agreement known as the Central Net
Operations Joint Powers Agreement.
The costs of the JPA are apportioned to reflect the extent to which the parties benefit from
the Training Facility, Communications Equipment, Associated Personnel, and in some
measure, construction of the facility. Founding members consisting of Fountain Valley,
Huntington Beach, and Westminster will keep their capital investment rights through
August 22, 2021, as specified in Chapter XI, Part 11.1.
Training facility and communications costs have been approved, in past years, on the basis of
member agency assessed valuation and population. Beginning in FY 1993/94, member
contributions will be based on the number of authorized safety personnel for training and the
number of recorded incidents for communications. These factors better reflect the level of
services received by each member. For FY 1992/93, the JPA will use the "old" basis for
calculating member share of costs. This is to allow agencies to plan and budget for the
change.
The City of Huntington Beach will continue to be responsible for administrative services
which include general accounting of funds received and disbursed, preparation of invoices,
and other functions specified in the Agreement.
Each agency could provide individual training facilities and individual communications
facilities. The cost of this alternative would be at least 50% higher per agency and would not
provide the same level of coordinated training and communication resources currently
provided.
Training and communications facilities could continue to be provided through extension of the
existing agreement. Continuing to operate under the existing agreement would require
member cities to contribute disproportionate shares to the operating costs and does not
accurately reflect each member's use of and benefits received from the facilities.
The City Managers/City Administrator and City Attorneys from each of the cities have all
reviewed and approve of the provisions described in the Central Net Operations Joint Powers
Agreement.
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FISCAL IMPACT:
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Each member's percentage of costs during FY 1992/93 will remain consistent with previous
years and is based on population and assessed valuation. However, beginning in FY 1993/94
a members cost will be based on use and benefit received from the facilities. Factors used
for calculating a member's cost include the number of incidents generated through the
communications center and the number of safety employees which related to the use of the
training facility. The comparative costs for the four member cities are as follows:
Although the projected FY 1993/94 cost percentages are in some cases significantly different,
the costs more accurately reflect each member's use of and benefits received from the
facility.
Sufficient funding has been included in our FY 1992/93 budget. However, in FY 1993/94
and beyond, the City should realize a 16.39 percent decrease in our fair share contribution; a
savings in the first year of approximately $233,000.
ATTACHMENTS:
Central Net Operations Joint Powers Authority 1992
FY 1992193
FY 1993/94
COST
PERCENTAGE
COST
PERCENTAGE
FOUNTAIN
VALLEY
$153,252
10.78
$173,064
12.17
HUNTINGTON
BEACH
$562,823
39.59
$613,449
43.15
NEWPORT
BEACH
$557,278
39.20
$324,280
22.81
WESTMINSTER
$148,134
10.42
$310,834
21.86
Although the projected FY 1993/94 cost percentages are in some cases significantly different,
the costs more accurately reflect each member's use of and benefits received from the
facility.
Sufficient funding has been included in our FY 1992/93 budget. However, in FY 1993/94
and beyond, the City should realize a 16.39 percent decrease in our fair share contribution; a
savings in the first year of approximately $233,000.
ATTACHMENTS:
Central Net Operations Joint Powers Authority 1992
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Or
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CENTRAL NET OPERATIONS
AUTHORITY
JOINT POWERS
AGREEMENT
1992
Cities of
FOUNTAIN VALLEY
HUNTINGTON BEACH
NEWPORT BEACH
WESTMINSTER
SIGNED ORIGINAL
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CENTRAL NET OPERATIONSUOINI' POWERS AGREEMENT
TABLE OF CONTENTS
Page
RECITALS................ ............................... 1
CHAPTER DEFINITIONS ... ............................... 2
CHAPTER II SPECIAL CONSIDERATIONS ....................... 4
2.1 Founding Agencies ... ............................... 4
2.2 Communications Center ............................... 4
2.3 Financial Contribution Transition Period ..................... 4
2.4 Facility Charges ..... ............................... 5
CHAPTER III PURPOSE AND POWERS .......................... 6
3.1
Authority Created .... ............................... 6
3.2
Common Powers ..... ............................... 6
3.3
General Purpose ..... ............................... 6
3.4
Powers ........... ............................... 7
CHAPTER IV ORGANIZATION ............................... 8
4.1 Membership ....... ............................... 8
4.2 Board ........... ............................... 8
4.3 Principal Office ..... ............................... 9
4.4 Meetings .......... ............................... 9
4.5 Quorum .......... ............................... 9
4.6 Powers and Limitations . ............................... 9
4.7 Minutes ......... ............................... 10
4.8 Rules ........... ............................... 10
4.9 Officers ......... ............................... 10
4.10 Bond ........... ............................... 11
4.11 Status of Officers and Employees ......................... 11
CHAPTER V BASIC SERVICES .............................. 11
5.1 Communications Center .............................. 11
5.2 Training Facility .... ............................... 14
5.3 Training and Education ............................... 15
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CHAPTER VI FUNDING AND ADMINISTRATION ................. 15
6.1 Funding ......... ............................... 15
6.2 Administrative Services ............................... 17
6.3 Emergency Repairs .. ............................... 17
6.4 Capital Improvements- Funding .......................... 18
CHAPTER VII BUDGETARY PROVISIONS ....................... 18
7.1
Annual Budget ..... ...............................
18
7.2
Special Budgetary Considerations .........................
18
7.3
Disbursements ....... . ............................
19
7.4
Accounts ........ ...............................
19
7.5
Expenditures Within Approved Annual Budget ................
19
CHAPTER VIII USE OF TRAINING FACILITIES ................... 20
8.1 Existing Contracts ... ............................... 20
8.2 Existing Arrangements ............................... 21
8.3 New Contracts ..... ............................... 21
CHAPTER IX LIABILITY /INSURANCE ......................... 21
9.1 Liabilities ........ ............................... 21
9.2 Indemnification/HoId Harmless .......................... 21
9.3 Waiver .......... ............................... 23
CHAPTER X ADMISSION AND WITHDRAWAL OF MEMBERS ........ 23
10.1 New Members ..... ............................... 23
10.2 Withdrawal ....... ............................... 23
10.3 Breach .......... ............................... 24
CHAPTER XI TERMINATION AND DISPOSITION OF ASSETS ......... 24
11.1 Termination ....... ............................... 24
11.2 Distribution of Property ................ I .... I ........ 25
CHAPTER XII MISCELLANEOUS ............................. 26
12.1 Amendments ...... ............................... 26
12.2 Notice .......... ............................... 26
12.3 Partial Invalidity .... ............................... 26
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EXHIBIT "A"
PLOT PLAN OF 4.9 ACRE SITE ......................
29
EXHIBIT "B"
DESCRIPTION OF MULTI - PURPOSE TRAINING FACILITY ...
30
EXHIBIT "C"
PLOT PLAN OF UNDERGROUND UTILITIES ............
32
EXHIBIT "D"
FY 1991 -92 STAFFING LEVELS .....................
33
EXHIBIT "E"
EXISTING CONTRACT WITH RANCHO SANTIAGO
COLLEGE ..... ...............................
34
EXHIBIT "F"
EXISTING ORANGE COUNTY CONTRACTS .............
35
EXHIBIT "G"
EXISTING ORANGE COUNTY CONTRACTS .............
36
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CENTRAL NET OPERATIONS /JOINT POWERS AGREEMENT
This Agreement, dated the Ist day of July, 1992, for purpose of identification, is made
by and effective when fully executed by authorized representatives of all of the following public
entities:
A. City of Fountain Valley ( "Fountain Valley ");
B. City of Huntington Beach ( "Huntington Beach ");
C. City of Newport Beach ( "Newport Beach "); and
D. City of Westminster ( "Westminster ").
RECITALS
A. The Parties to this Agreement each provide fire protection, fire prevention,
rescue, emergency medical and related administrative services within their respective boundaries.
B. The Parties have determined that joint use of a training facility, central
communications network and record keeping system reduces the administrative costs that would
otherwise be incurred in providing fire suppression, emergency medical assistance and related
services.
C. Costs associated with maintaining and operating the multi- purpose Training
Facility and Communications Center in the City of Huntington Beach should be funded by the
Parties through a formal Joint Powers Agreement with costs apportioned to reflect the extent to
which the Parties benefit from the Training Facility, Communications Equipment, associated
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personnel and, in some measure, construction of the facility.
D. The Parties each have the power and authority to perform, and contract
with one another pursuant to the Joint Exercise of Powers Act (Section 6500 et. seq. of the
Government Code) or the Municipal Services and Functions Act (Section 54980 et. seq. of the
Government Code) for the performance of the duties and functions that form the basis of this
Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER I
DEFINITIONS
For the purpose of this Agreement, the following words or terms specified in this Chapter
shall have the following meanings:
A. "Property" shall mean the 4.9 acre parcel of land commonly known as
18301 Gothard Street in the City of Huntington Beach, as described in Exhibit "A ".
B. "Training Facility" shall mean the multi- purpose training facility on the
Property as more specifically described in Exhibit "B ". The Training Facility includes, without
limitation, the following:
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1. A five story training tower and fire building;
2. Transportation, gas and petroleum firefighting props;
3. A fire control tower;
4. A 2,000 gallon per minute pumper test pit and master stream
collection pit and shield;
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5. Ground floor training office, classrooms, and multi -media office.
6. Hydrant and water reclamation system;
7. All underground utilities as described in Exhibit "C ".
C. "Communications Center" shall mean that portion of the main structure
on the Property commonly known as the basement area which was constructed solely with funds
supplied by the City of Huntington Beach, and consisting of physical facilities that house the
Communications Equipment, simulator room and all basement areas.
D. "Communications Equipment" shall mean all electronic equipment,
including telephone lines and computers, located within the Communications Center and utilized
for the fire - related emergency communications of any of the Parties. Computer mainframe
hardware and software currently operating the Fire side of the Computer Aided Dispatch System
includes portions of the "A" and "B" machines and all of the "C" machine and are considered
maintenance items.
E. "Charter Agencies" shall mean the cities of Fountain Valley, Westminster
and Huntington Beach, the public entities that participated in the funding of the Training
Facility. Except for capital facility investments, "Charter Agencies" are equivalent to
"Members" for all other Authority powers.
F. "Member" shall mean the City of Newport Beach and any other public
entity that becomes a Party to this Agreement pursuant to the provisions of Section 10.1.
G. "Fire Safety Personnel' shall mean all personnel of an agency trained and
designated to respond to fire, medical, or related emergencies and does not include civilian
positions.
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H. "Incident" shall mean any call for service that generates an incident
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number through the Central Net Communications Center.
1. "Central Net Staff' shall mean all personnel contracted through the City
of Huntington Beach for the operation and maintenance of the Communications and Training
Center.
CHAPTER II
SPECIAL CONSIDERATIONS
The provisions of this section establish the rationale for the provisions relating to funding,
administration and decision making.
2.1 Founding Agencies
In 1972, Huntington Beach, Westminster, Fountain Valley and Seal Beach (on a
limited basis) collectively funded the construction of the Training Facility. Seal Beach presently
contracts with the County for fire protection services and has withdrawn from participation in
the funding or administration of the Training Facility or Communications Center.
2.2 Communications Center
The Communications Center was constructed, and the Communications Equipment
has been purchased, by the City of Huntington Beach. Accordingly, this Agreement provides
that title to such equipment, or replacements purchased by the Authority, shall vest with
Huntington Beach upon termination of this Agreement.
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2.3 Financial Contribution Transition Period
The financial contributions and development costs made and incurred by
Huntington Beach, Westminster and Fountain Valley prior to the effective date of this
Agreement warrant short term use of funding criteria which do not necessarily reflect the extent
to which the Parties utilize the Training Facility, Communications Center and Communications
Equipment. Accordingly, each Parties' share of the costs associated with maintenance and
operation of the Training Facility, Communications Center and Communications Equipment will,
during the first year of this Agreement be based upon assessed valuation and population.
Beginning on July 1, 1993 and each year thereafter, each Parties' share of the costs shall be
based upon criteria which directly reflects the extent of each Parties' utilization of the Training
Facility, Communications Center and Communications Equipment -- frequency of incidents and
the number of Fire Safety Personnel.
2.4 Facility Charges
Charges for the use of the Training Facility, Communications Center and
Communications Equipment by non - Members shall be based upon, and used to defray, the fixed
and special expenses as well as staffing and overhead costs incurred by the Authority in
improving and maintaining the Training Facility. However, certain non - Parties, specifically
Rancho Santiago College, have constructed improvements on the Property or provide special
services or material to the Authority and, in such cases, the Board is empowered to authorize
use of the Training Facility, Communications Center or Communications Equipment at rates
below those charged to other public entities.
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CHAPTER III
PURPOSE AND POWERS
3.1 Authority Created
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This Agreement creates a joint powers authority known as the Central Net
Operations Authority. The Authority is formed pursuant to the provisions of Article 1, Chapter
5, Division 7 of Title I of the Government Code of the State of California (The Joint Exercise
of Powers Act). The Authority shall be considered a public entity separate and apart from the
participating agencies.
3.2 Common Powers
Each Party has the common power to:
A. Provide fire protection, fire suppression, fire prevention, emergency
medical and related services;
B. Maintain an effective communications and emergency dispatch system to
facilitate and support fire protection, fire suppression and emergency medical services;
C. Employ and train personnel to perform emergency equipment
communication and dispatch services, communication facility maintenance and the purchase of
required equipment.
3.3 General Purpose
A. The primary purpose of this Agreement is to provide for the operation,
upgrade, maintenance and repair of the Training Facility, Communications Center and
Communications Equipment. This Agreement is intended to provide a formal mechanism by
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which the Authority can fund these activities, require non - Members using the Training Facility
to pay for use of the facility and, accordingly, provide the highest possible level of fire
suppression training, fire prevention training, emergency medical training, and emergency
communication services.
B. This Agreement also is intended to foster cooperation among the parties
in the form of a separate written automatic aid agreement, the provision of emergency services
by the closest available unit and serves as a vehicle for scheduling and funding of training
seminars.
3.4 Powers
The Authority shall have the power, in its own name, to do any of the following:
A. To jointly exercise the common powers of the Members;
B. To make and enter into contracts;
C. To retain the services of fire suppression specialists, emergency
communications consultants, and such other persons with specialized knowledge or ability that
would assist the Members in achieving the purposes of this Agreement;
D. To acquire, hold or dispose of property by any lawful means, including,
without limitation, gift, and purchase for sale;
E. To incur debts, liabilities or obligations subject to the limitations specified
in this Agreement;
F. To receive gifts, contributions, grants, and donations of property, funds,
services and other forms of assistance from any person, firm, entity, corporation or public
agency;
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G. To sue and be sued in its own name;
H. To apply for any grant or grants offered in conjunction with any Federal,
State or local program that is in any way related to the purpose of this Agreement;
I. To adopt rules, regulations, policies, by -laws and procedures governing
the operation of the Authority;
J. To exercise any other power in the manner and according to the methods
provided by applicable laws, rules or regulations, subject only to the restrictions on the manner
of exercising such powers that may be applicable to the City of Huntington Beach.
CHAPTER IV
ORGANIZATION
4.1 Membership
The Members of this Authority shall be the public entities which executed this
Agreement or a subsequent amendment and have not withdrawn from the Authority as provided
in Section 10.2.
4.2 Board
A. The Board shall consist of the existing City Manager or City Administrator
of each Party and as an alternate, the Fire Chief or his/her designee.
B. Each Board Member shall hold office from the first meeting of the Board
after appointment until a successor is named.
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C. A Board Member or alternate shall not receive compensation, but may be
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reimbursed by the Authority for expenses reasonably incurred while performing duties required
by this Agreement, and as further specified and limited by resolution of the Board.
4.3 Principal Office
The principal office of the Authority shall be 18301 Gothard Street in the City of
Huntington Beach, County of Orange. The Board has the full power and authority to change
the principal office from one location to another within the County of Orange.
4.4 Meetings
The Board shall meet at the principal office of the Authority, or at such other
place as may be designated by the Board. The time and place of regular meetings of the Board
shall be determined by resolution. Regular, adjourned and special meetings of the Board shall
be called, noticed and conducted in accordance with the Ralph M. Brown Act or other relevant
open meeting law.
4.5 Quorum
A majority of the Board Members (or the alternate for any absent voting Member)
shall constitute a quorum for the purposes of transacting business relating to the Authority.
4.6 Powers and Limitations
All of the powers of the Authority are reserved to it except to the extent of powers
conferred on the Board pursuant to this Agreement. Each Board Member, or alternate in the
absence of any voting Member, shall be entitled to one vote and, except as expressly provided
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in this Agreement, the affirmative vote of the majority of those present and qualified shall effect
adoption of any motion, resolution, order or action the Board deems appropriate.
4.7 Minutes
The secretary of the Authority shall provide notice of, prepare and post agendas
for, and keep minutes of, each regular, adjourned and special meeting of the Board. The
secretary shall send a copy of the minutes to each Board Member and otherwise perform the
duties necessary to ensure compliance with provisions of law including, without limitation, any
applicable 'open meeting law" such as the Ralph M. Brown Act.
4.8 Rules
The Board may adopt rules and regulations for the conduct of its affairs that are
not in conflict with this Agreement.
4.9 Officers
The Board shall select a chairperson and vice chairperson from its Members and
shall appoint a secretary who may, but need not, be a Member of the Board. The treasurer and
auditor of the City of Huntington Beach shall hold the offices of treasurer and auditor of the
Authority as authorized by Section 6505.6 of the Government Code. The treasurer shall keep
all revenues of the Authority in a separate interest bearing account and otherwise perform the
duties and responsibilities of that office as specified in Section 6505.5(A)(d) of the Govemment
Code. The chairperson, vice chairperson and secretary shall hold office for a period of one
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4. 10 Bond
The treasurer, auditor and such other persons who may have access to, or handle,
any revenue of the Authority shall be required to file an official bond in an amount determined
by the Board and consistent with the provisions of Section 6505.1 of the Government Code.
This bonding requirement shall be satisfied if an existing bond is extended to cover the duties
required by this Agreement. The costs of complying with the requirements of this Section shall
be considered an administrative expense of the Authority.
4.11 Status of Officers and Employees
All of the privileges and immunities from liability, exception from laws,
ordinances and rules, and all pension, relief, disability, workers compensation and other benefits
which apply to the activities of officers, agents, or employees of any of the Members when
performing their respective duties or functions for that agency, shall apply to each of them to
the same degree and extent while engaged in the performance of any activity, function or duty
pursuant to this Agreement.
CHAPTER V
BASIC SERVICES
5.1 Communications Center
A. The Authority shall maintain the Communication Center for the use and
benefit of all Members.
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B. The Authority is empowered to develop and issue policy and procedure
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directives for the maintenance and operation of the Communications Center.
C. The Authority shall maintain and repair all Communication Equipment,
including, without limitation, hardware, software, electrical systems and all related mechanical
devices or facilities other than equipment which Members are required to install pursuant to
provisions of Subsection F.
D. The Authority shall purchase new or used Communications Equipment as
necessary to replace existing equipment or upon a determination by the Board that new or
additional Communications Equipment will facilitate emergency communications.
E. The Authority shall provide that number of dispatchers, supervisors, and
support staff necessary to provide emergency communications services and data retrieval for the
Members. The Board shall determine the specific number and qualifications of the personnel
necessary to properly perform these services. The Authority shall enter into an Agreement with
the City of Huntington Beach for the provision of these services by employees of the City of
Huntington Beach. Communications Center positions authorized and fully funded prior to the
effective date of this agreement are listed in Exhibit "D ".
F. As a condition to receiving emergency communications services, the
Members shall install and/or maintain, as appropriate, the following equipment in each fire
station and /or mobile unit as maintained by the Member:
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1. A station direct telephone line with handset originating at the
Communications Center;
2. A station vocal or paging line and speaker originating at the
Communications Center;
3. Two emergency telephone reporting trunk lines terminating at the
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Communications Center; and
4. One mobile data computer terminal in each operating fire company
unit; and
5. Other equipment which the Board determines to be necessary to
maintain an effective communications network.
Each Member shall pay the cost of installing, maintaining and repairing the
Communication Equipment it is required to provide pursuant to Section 5.1, Part F. All
maintenance and repair orders of hardware and Communications Equipment which are physically
connected to the Communications Center shall be coordinated through the Communications
Center Supervisor. The City of Huntington Beach shall have the right to initiate maintenance
and repair orders for the maintenance of equipment required of each Member and shall be
entitled to reimbursement within thirty (30) days after payment for the maintenance or repair of
any equipment required pursuant to this Agreement.
G. This Agreement also provides for installation of special or extra telephonic
or electronic equipment provided the installing Member pays for the equipment and installation
costs. However, special equipment may require additional training of personnel, add to the time
necessary to complete communications and otherwise complicate the process. Board approval
of special equipment shall be required and each Member should be required to explain the reason
for any such request to the Board.
H. Members shall provide mapping and related emergency dispatching
information necessary for the efficient deployment of fire units and manpower. Each Member
shall continually update mapping and deployment information.
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5.2 Training Facility
A. The Authority shall provide access to the Training Facility for use by
Members as provided in this Agreement. The Board shall develop standard procedures for the
processing of requests for access to the Training Facility, for resolving conflicts when there are
two (2) or more requests for use of the Training Facility at the same time, and other
administrative matters of a similar nature.
B. The Authority is empowered to develop and issue policy and procedure
directives for the maintenance and operation of the Training Facility.
C. The Authority shall provide personnel necessary to operate and maintain
the Training Facility as well as developing, scheduling and coordinating training programs. The
Board shall determine the specific number and qualifications of personnel necessary to
adequately perform these services. The Authority shall enter into an Agreement with the City
of Huntington Beach for the provision of these services by employees of the City of Huntington
Beach. Training Facility positions authorized and fully funded prior to the effective date of this
Agreement are listed in Exhibit "D ".
D. The Authority shall provide equipment and material necessary to allow
Members full and beneficial use of the Training Facility. The Board shall have the power to
purchase appropriate supplies and equipment including audio visual equipment, film, and books.
E. The Board shall establish formal procedures and appropriate fees for the
use of the Training Facility by non - Members who have contracted with the Authority for access.
The formal procedures shall include provisions which grant Members priority over non- Members
in the event of two or more requests for use of the facility at the same time and for the recovery
of costs and expenses, including overhead, associated with use of the facilities by non - Members.
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5.3 Training and Education
The Authority shall have no obligation to provide training or education to the
Members or their employees and no provision for such services shall be made in the budget.
The Authority shall provide training for Central Net Staff as it deems appropriate for the
operation of the facility and support programs. However, the Board shall have the authority to
take action which would facilitate training sessions, educational seminars, for, or on behalf of,
Members requesting such action. This may include training of Members for the proper
operation and use of on -site props and training aids. No Member shall be required to contribute
funds to any training session, educational seminar or similar activity authorized by the Board in
which that Member does not participate. The Board is authorized to retain consultants to study
and report on methods of improving the quality of services provided by the Authority, additional
services the Authority may want to provide, and methods by which the costs of services could
be reduced. The unanimous approval of the Board is required prior to the commencement of
any such study or report. Costs of the study or report shall be included within the Authority's
operating budget or be paid by way of a special assessment levied against each Member in
accordance with their then current contribution rate.
CHAPTER VI
FUNDING AND ADMIINISTRATION
6.1 Funding
Each Member shall pay a portion of the costs incurred by the Authority in
providing the services described in Sections 5.1 and 5.2. Each Member's share of the costs
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shall be determined in accordance with the provisions of this Section.
A. For fiscal year 1992 -93 the contributions of each Member shall be based
upon each Member's percentage of overall Member cities' assessed valuation and population as
established in previous agreements.
The population of each Member shall be based upon the most recent survey
conducted by the League of California Cities, Orange County Division. The Members' assessed
valuation shall be based upon the assessed value of all real property under the jurisdiction of the
Member as determined by the Orange County Assessor. The calculations for population and
assessed valuation shall be made as of January 1st of each year during the term of this
Agreement. The percentage of each Member's contribution shall be determined in accordance
with the following formula:
{(MEMBERS' POPULATION (IN THOUSANDS)( + IMEMBERS' ASSESSED VALUATION (IN MILLIONSI)
{[POPULATION OF ALL + [ASSESSED VALUATION OF ALL
MEMBERS (IN THOUSANDS)] MEMBERS (IN MILLIONS)])
B. For fiscal year 1993 -94 and thereafter until termination of this Agreement,
the contribution of each Member shall be based upon the number of recorded incidents during
the preceding calendar year and the number of authorized safety personnel. The number of
incidents approximates the extent to which Communications Center and Equipment are being
used by each Member. Each Member's use of the Training Facility will, in large part, reflect
the number of employees that need training. These criteria shall be weighted in accordance with
the percentage of the preceding year's budget attributable to communications and that portion
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attributable to training. The percentage of each member's contributions shall be determined in
accordance with the following formula:
RECORDED INCIDENTS
ATTRIBUTABLE TO X COMMUNICATIONS BUDGET
MEMBER
TOTAL CENTRAL NET
INCIDENTS
AUTHORIZED SAFETY
PERSONNEL OF MEMBER X TRAINING FACILITY
TOTAL AUTHORIZED BUDGET
SAFETY PERSONNEL
OF ALL MEMBERS
6.2 Administrative Services
The City of Huntington Beach shall be responsible for administrative services.
Administrative services include general accounting of funds received and disbursed, preparation
of invoices to Members, preparation of documents relative to any grant program, and such other
functions as may be required by this Agreement or the provisions of any law including, without
limitation, the Joint Exercise of Powers Act.
The City of Huntington Beach shall select the individual or individuals responsible
for providing administrative services subject to Board approval. Huntington Beach shall be
reimbursed for administrative costs at a rate and /or amount approved by the Board in the annual
budget.
6.3 Emergency Repairs
If any damage should occur which interferes with Fire Dispatch or other urgent
services, the Huntington Beach Fire Chief or his /her representative is authorized without prior
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Board approval to have the necessary repairs made so that services are resumed.
6.4 Capital Improvements- Funding
In the event unanticipated damage to the Training Facility over and above repairs
called for in the then current budget and the cost of which exceeds available reserves, the Board
shall promptly solicit bids for the repair of damage from at least three (3) responsible firms,
award the contract to the lowest responsible bidder and direct the accepted responsible bidder
to make the repairs as soon as possible. The cost of the repairs or improvements shall be
reimbursed by each Member in accordance with its share of the Training Facility budget.
CHAPTER VII
BUDGETARY PROVISIONS
7.1 Annual Budget
The Board shall adopt an annual budget pursuant to this Agreement and
procedures adopted by the Board. The Board shall conduct at least one (1) public hearing
regarding the budget prior to adoption. The hearing shall be noticed and conducted in the
manner provided by law.
7.2 Special Budgetary Considerations
The budget adopted by the Board shall consist of a communications component,
a Training Facility component, and a capital improvements component. Except as provided in
Section 6.3, the contributions of Members shall be used to defray costs and expenses associated
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with the communications component, the Training Facility component, and the capital
improvements component. Contributions from non - Members pursuant to contracts ratified by
the Board, grant funds and other incidental revenue received by the Authority shall be used as
additional funding for capital improvement projects. Funds allocated to the communications
component and Training Facility component of the budget shall be sufficient to provide and pay
for the services, personnel and facilities described in Sections 5.1 and 5.2. Special assessment
for operating expenses and capital improvement projects can be levied from time to time
provided approval of the respective city councils is obtained.
7.3 Disbursements
The treasurer shall draw checks or warrants upon the approval and written order
of the Board. The Board shall requisition the payment of funds only upon approval of such
claims or disbursements in accordance with the rules and regulations adopted by the Board.
7.4 Accounts
All funds shall be placed in accounts and the receipt, transfer of disbursement of
funds during the term of this Agreement shall be accounted for, in accordance with generally
accepted accounting principles applicable to governmental entities. There shall be strict
accountability for all funds. All revenues and expenditures shall be annually reported to the
7.5 Expenditures Within Approved Annual Budget
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All expenditures shall be within the designations and limitations of the approved
19
•
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annual budget, provided, however, expenditures may be made for capital improvements not
specifically identified in the budget, so long as the expenditures are made from revenue other
than contributions from Members and, provided further, expenditures may be made for capital
improvements upon the unanimous consent of all Members or by special assessments approved
by the Board and the city council of each Member.
CHAPTER VIII
USE OF TRAPUNG FACILITIES
8.1 Existing Contracts
Members of the Authority, individually or collectively, have approved contracts
with the Rancho Santiago Community College District (Exhibit "E ") and the County of Orange
(Exhibits "F" and "G "). Upon ratification of these Agreements, the Authority shall assume the
rights and duties of the Members pursuant to these Agreements. Once ratified, the Board shall
review and evaluate the Agreements each year to determine if:
A. The Agreements accurately reflect the services provided by the Authority;
B. If the Agreements provide a fair and equitable method of compensating the
Authority for the services provided;
increased; and
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C. If the scope of the services or the term of the Agreements should be
D. If consolidation of the Agreements is appropriate.
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8.2 Existing Arrangements
The Training Facility is used from time to time by non - Members pursuant to
understandings which have not been reduced to writing. The Board shall determine the extent
to which the Training Facility is used by non - Members, the rationale for such use, and the
consideration received by the Authority for such use. In the event the Board determines that the
non - Member should continue to use the Training Facility, a written contract memorializing the
Agreement shall be negotiated and executed as soon as possible.
8.3 New Contracts
The Board shall have the authority to negotiate and approve Agreements for the
use of the facility by non- Members at times when the facility is not used by then current
Members and non - Members acting pursuant to contract.
CHAPTER IX
LIABILITY /INSURANCE
9.1 Liabilities
The debts, liabilities and obligations of the Authority shall not be considered the
debts, liabilities or obligations of any Member, except as otherwise provided in this Chapter.
9.2 Indemnification/Hold Harmless
A. The Authority shall defend, indemnify and hold harmless each Member
with respect to any loss, injury, damage, claim, lawsuit, liability, cost, fee or expense alleged
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to have been proximately caused by the performance of services described in Subsections 5.1
and 5.2 of this Agreement. The Authority shall fulfill its obligation pursuant to this Subsection
by establishing a liability reserve fund in the annual budget, by purchasing insurance or by
requiring contributions from each Member pursuant to this Subsection. In the event the Board
does not purchase insurance or establish a liability reserve in the budget, or in the event the
judgment and /or litigation costs exceed the amount of the liability reserve, each Member shall
contribute their pro rata share of the unfunded liability (including litigation costs and attorney's
fees) in accordance with the following:
1. In the event the unfunded liability arises out of the provision of
Communications Services, the contribution of each Member shall be in an amount equal to the
total unfunded liability multiplied by that agency's percentage of the communications budget as
specified in Section 6. 1, Part B.
2. In the event the unfunded liability arises out of the provision of
Training Facility services, the contribution of each Member shall be in an amount equal to the
total unfunded liability multiplied by that agency's percentage of the Training Facility's budget
as specified in Section 6. 1, Part B.
B. Each Member shall assign to the Authority all of its right, title and interest
to recover any medical expense, salary, or fringe benefits paid to, or on behalf of, any officer
or employee who is injured as a result of the performance of services described in Subsections
5.1 and 5.2 of this Agreement, or who is alleged to have been injured as a result of the use of
the Training Facility.
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9.3 Waiver
Each Member waives and gives up any claim against, or right to sue, the
Authority for any loss, damage or injury that arises out of, or is any way related, to the
performance of services for any emergency response, pursuant to this Agreement. This waiver
extends to liability for bodily injury or property damage that may be sustained by any Member
or its officers, employees, contractors, or agents, and which was proximately caused, in whole
or in part, by the negligent act, conduct or omission of the Authority, or its respective officers,
employees, agents, contractors and representatives. However, this waiver does not extend to
bodily injury or property damage caused by an unlawful, fraudulent or willful act or omission.
CHAPTER X
ADMISSION AND WITHDRAWAL OF MEMBERS
10.1 New Members
Public entities may become Members in the Authority upon such terms and
conditions as may be specified by the Board. New Members shall pay a surcharge to be
determined by the Board at the time of application.
10.2 Withdrawal
A Member may withdraw from the Authority and terminate its rights and
obligations pursuant to this Agreement by giving written notice of its intention to terminate to
the secretary of the Board no later than December 31 st prior to the termination of the fiscal year
in which the provider agency intends to withdraw. The written notice shall be accompanied by
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05/04/92
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a resolution or minute order of the legislative body of the withdrawing agency specifying its
intent to withdraw from the Authority. Withdrawal shall be effective upon the expiration of the
then current fiscal year. An Agency withdrawing from the authority under this section
relinquishes all property rights to facilities and equipment except as otherwise specified.
10.3 Breach
The Board consisting of 100% of non - breaching members shall have the authority
to terminate the membership of any Member in the event the Member materially breaches its
duties pursuant to this Agreement. For the purposes of this Section, the term "material breach"
shall include, without limitation, a failure to fund the budget in accordance with Section VI, the
failure to make any contribution or pay any assessment when due, and the failure to defend or
indemnify other Members as required in Chapter IX.
CHAPTER XI
TERMINATION AND DISPOSITION OF ASSETS
11.1 Termination
The Authority shall continue to exercise the joint power specified in this
Agreement until termination. This Agreement shall terminate if two (2) or more Members give
the Authority written notice of their intention to withdraw as specified in Section 10.2 or if the
Members mutually agree to terminate this Agreement.
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11.2 Distribution of Property
A. The title to all Communications Equipment other than that required to be
19 installed by each Member pursuant to Section 5. 1, Part F, shall vest in the City of Huntington
Beach upon termination of this Agreement.
• B. All capital equipment purchased after the effective date of this agreement,
shall be assigned an 'operating life" by the Board. The Board shall also designate equipment
which is critical or noncritical to the operation of the facilities. Upon termination of this
0 agreement, all capital equipment either functioning within its operating life or beyond, shall be
L
appraised by an independent appraiser and equipment designated as critical may be purchased
first by the City of Huntington Beach or then by any Member agency. Noncritical capital
equipment may be purchased by any Member agency based on procedures adopted by the Board.
Capital equipment not purchased by Member agencies, shall be sold to the public at appraised
• value or at public auction.
C. In the event the City of Huntington Beach votes to terminate this Joint
Powers Agreement prior to August 22, 2021, and the Joint Powers Agreement is terminated in
whole or in part because of that vote, the City of Huntington Beach shall reimburse the cities
of Fountain Valley and Westminster in a sum equal to 1 /50th of the construction and equipment
costs paid by Fountain Valley and Westminster for each year, or portion thereof, between the
date of termination and August 22, 2021. Upon payment of these sums, the Property and assets
of the Authority shall become the property of the City of Huntington Beach, provided, however,
funds remaining in the Training Facility budget and /or the Communications Center budget shall
be paid to each Member in proportion to their most recent contribution rate to each budget.
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CHAPTER XI1
MISCELLANEOUS
12.1 Amendments
•
This Agreement may be amended with the approval of a majority of the Members.
12.2 Notice
Any notice or instrument required to be given or delivered pursuant to this
Agreement shall be deemed given when personally delivered to the Member or the Authority,
or deposited in the United States mail, first class postage pre -paid, and properly addressed to
the principal office of the Member or the Authority.
12.3 Partial Invalidity
If one or more of the Sections, paragraphs or provisions of this Agreement is
determined to be invalid or unenforceable by a court of competent jurisdiction, each and all of
the remaining provisions, Sections and paragraphs shall not be affected and shall continue to be
valid and enforceable to the fullest extent permitted by law, provided, the remaining Sections
or provisions can be construed in substance to constitute the Agreement the Parties intended in
the first instance.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
unattested by their duly authorized officers, and to have their official seals affixed hereto as of
the date first stated above.
Dated:
ATTEST:
\ � J
C Y CLERK
Dated: v
ATTEST:
CITY CLERK
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CITY OF FOUNTAIN VALLEY
c �
\ M YOR
9M
APPROVED AS TO �FORM:
OV
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
B
R
APPROVED AS TO FORM:
Z& LL. -
CITY ATTORNEW
• • •
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ATTEST:
Dated: .Tune 9. 1992
CITY OF AE�� NEWPORT BEACH
MAYOR
APPRO ED AS TO FOR
TTY ATTORNEY
CITY OF WESTMINSTER
MAYOR
ATTEST: A PRO'
CITY CLERK CITY A
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AS TO FORM:
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EXHIBIT "B"
ITEM 1, TRAINING TOWER AND FIRE BUILDING
r A five -story cement building that typically represents construction features found in two -story
through multi-story high rise buildings. Specifically including ladders and scaling wall, flat and
slating roof, enclosed stairway and smoke tower, windowless rooms, observation tower, fire
•
rooms, sprinkler system, cellar inlets, breathing apparatus training rooms, ventilation training
panels, a variety of window sections, interim dry standpipe, a basement section, an apparatus
• maneuvering yard, overhead wire training section, and a yard fire hydrant system with both wet
•
and dry barrel hydrants.
ITEM 11, FIRE SIMULATOR, CLASSROOMS, & SUPPORT FACILITIES
A one -story building and basement that meets Federal requirements for an emergency operations
center. Basement features include Command & Control System Trainer and Fire & Control
Simulator. First floor features include two small classrooms, one large classroom, a fire library,
audio visual storage room, a fire prop room, and office space for the training officers from the
four (4) cities.
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ITEM III, TEST PIT AND MASTER STREAM COLLECTOR
A standard 2,000 gpm pumper test pit including collection shield and water recycling collection
system.
C
r
ITEM IV, FREEWAY EMERGENCY, GAS TRANSMISSION, & PETROLEUM 0
FIREFIGHTING PROPS
Special outdoor firefighting props surrounded by a typical street. Features include a
butane/propane prop with tanker, a tanker loading rack, a transmission pipe section with five
firefighting set ups, gutter section, and a one -story control tower.
kr/eWMWnu.ngt
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31
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EXHIBIT "D"
COMMUNICATIONS CENTER STAFFING
FISCAL YEAR 1991 -92
Budgeted Position Titles Number
Supervisor Fire Controller I
Fire Controller Leadworker 4
Fire Controller 8
Fire Data Coordinator 1
TOTAL 14
n
TRAINING CENTER STAFFING
FISCAL YEAR 1991 -92
•
Budgeted Position Titles Num ber
• Administrative Secretary 1
Audio Visual Specialist 1
Building Maintenance Assistant 1
•
TOTAL 3
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EXHIBIT "E"
• EXISTING CONTRACTS
WITH RANCHO SANTIAGO COLLEGE
•
•
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C
April 20, 1977
January 22, 1985
34
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11/04/76
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2
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3'2
= TIRE'�SCIE.ICE TRAINING AGR1:EttENT
THIS AGREEMEt:T,nwdu and unto red into this day of
,;1977, by and between the RANCHO SANTIAGO
COMPIUNITY COLLEGE DISTRICT of.Orarge County, State of California, {
I
hereinafter referred to as "DISTRICT ", and the CITIES OF FOUNTAIN
VALLEY, IIUNTINGTON_BEACH, SEAL BEACH AND WESUM.STF.R, all being
municipal corporations in the County of Orange, California,
hereinafter collectively referred to as "CITIES ".
i
WHEREAS, CITIES, by virtue of a joint po%.ors agreement .:co
the owners of a fire training facility located at 18701
Gothard Street, Huntington Beach, California; and
WHEREAS, the DISTRICT, through Santa Ana College, intar.CS
to provide a vocational educational pro5•ram for the benefit of I
selected, eligible students of the DISTRICT, uncler the State
I
plan for Vocational Educational and the i'ederal Vocational Edu-
cational Act, as amended, $nd t:trough this agreement with the
CITIES to provide'use of fire academy facilities and equipment
in order to prepare such utudnn a for Chu vocation of fireman; i
and
i
WHEREAS, the DISTRICT also intends to maintain a constant ,
attendance of no more than thirty -five (35) students per day in i
this program. The enrollment pattern may consist of any combi-
ination of half -time or full -time students with a maximum of
eight (8) student hours per'day; and
WHEREAS, the CITIES represent that, as the ownors, adcyuatd
facilities for fire scicaco instruction c.,n be aCC0r.W0d1tc:d in
addition to the rcyular training requirements of the CITIES.
NOW, THEREFORE, in consideration of the conditions, i
covenants, terms, a.;reemente;, and recitals contained herein,
I
it is mutually agreed as follows:
1. CITIES shall - provide a cla:;sronm with thirty =fivc1 (i'i;
n
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student stations, an office with a telephone,desk, and chair,
all utility costs, a drill tower, and one fully - equipped,
triple combination pumper for eight (8) hours per day for
thirty -five (35) days during each Academy period,
2. The DISTRICT shall pay to the CITIES on a monthly
basis Fifty ($50.00) Dollars per day for each academy day
certified to the DISTRICT for use of facilitibs and equipment
during the preceding month at the CITIES' Training Center.
3. The CITIES shall submit and certify monthly statements
and billings to Santa Ana College, 17th at Bristol, Attention:
Dean of Applied Arts and Science, and the end of each month
on the forms provided by DISTRICT.
4. DISTRICT and CI'1'IF,S mutually agree to hold harmless
each other, their officers, agents, and employees from all
losses, cost, expense, claims or liability for injury to'any
person, or damage to any property arising out of, or in any
manner connected with, the performance and operation of the
Lerms of this Agroesnent ihto to till! Hole nguliycncc of the
DISTRICT or CITIES.
5. Notwithstanding the actual date of execution by the
respective parties, this Agreement shall become effective May 17,
1976, provided that all four member CITIES to the referenced
Joint Powers Agreement execute this Agreement. This Agreement
shall terminate 19 unless terminated as.
provided herein or unless extended by written amendment hereto,
executed by the same parties to this Ayreement.
6. Any notice given under this Agreement shall be deemed
given when personally served upon the Superintendent of the
DISTRICT or upon the Chairman, Joint Powers Training Center, of
Lhe CITIES, or when deposited in the mails in Orange CounLy in a
scaled envolope with poll a;jc Ih,•rcon Hilly l,rrl,arod frum one
I
party to the other :ul,lresscs as Follows, ivoly:
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TO DISTRICT: Rancho Sani Lago Community Col lcgc District
Attention: Superintcndcnt /Preside6L
17th at Bristol Strrct
Santa Ana, California 92706
TO CITIES: c/o Chief Raymond Ilil'ard -
Joint Powers 'Training Center
.18301 Cothard•Street
Huntington Beach, California 92647
7.
CITIES reserve the
right to terinidate_I:his Agreement
by providing
written notice
hereof to M S'TRICT.nineLy (90) (lays
in advance
of the termination. Said Lerminati.un may be based
solely -upon:
the determination. of curIES that. joint use is no
'longer
feasible; for any
other ioason. '
DATED :'_�
/or
/Y;f /
RANC110 SAN'I'1 ACO COMMON LTY
_ _
_ _
CoI.I V(3, DI'•• RIOT
nATEDr_2v�
unl�c>. al c or ion
ATTEST:-
, . •-- :. >- -,'...,.'N
AED,R0VF,D AS TO FORM': ,
I t r e>1 y .
DATED:_ F(:_L•tva 14. I_ 7 CI'PY OF SHAL, BEACH. a municipal
ATTIeST:
APPROVED AS TO FORM:
corporation
Mayor
....... CITY OF WENTMINS'TER, a municipal
corporation
ATTEST: By. _ _ ..... .
A11I1ROVt :I) AS Vo NORM;
Ci ly Ala.orncy
-3-
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1 TO DISTRICT: Rancho Sanitago Community College .District
Attention: Superintendent /President
2 17th at Bristol Street
Santa Ana, California 92706
3
TO CITIES: c/o Chief Raymond Picard
4 Joint Powers 'rrai.ning Center
18301 Gothard Street
5 Huntington Beach, California 92647
6
7 7. CITIES reserve the right to termin'Ate ;tlti6 Agreement
8 by providing written notice thereof to DISTRICT ninety (90) days
9 in advance of the termination. Said termination may be based
10 solely•upon the determination of CI'rIES that joint use is no
11 longer feasible, or for any other reason. '
12 DATED: ALY T'� L_�L___ /� �� RANCHO SANTIAGO COMMUNI'1•Y
COLLEGE DTSTHT,'T
t <
By
14 _
DATED:_ D _ PY I' HUN IN(;T '.ACH, a
,� %� _
15 munL_ pal <rpgi' tio
16 EST •i
17 /,1GLtUG ? yL
18 APPROVED AS TO FORM:
19 City Attorney----- - - -� --
20
DA 'tED:--- _____,_____._____._.___ CY'1'Y OF SEAL BEACH, a municipal
21 corporation
ATTEST:
23 — - - -- -- --
APPROVED AS TO FORM:
24
25 City Attorney - -- -- -- —
26 (, a municipal
DATED: p�rylf....? 7,1-f77___.___ CITY OF NIiS'1'MINS'I'19R, 1
27 ✓ corporation q
ATTEST: ITy
28 -
29 —. �s1L:tetL_L•`..�'.��1 / <.t.1,:._
APPROVND AS '1.0 FORM: '
30 �7
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.IM
DATED: Uj2Membpr IA 1976
Cl2�4 v a
mun! �Iluco 0 -P-!�Y,
3
;F)
ATTEST:
I,& r Pro Tempore
4
y Clerk'
APP VED AS TO .
6
City A torne
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AGREEMENT F LEASE OF LAND AND CONST*ON OF
EQUIPMENT STORAGE FACILITY BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
•
THIS AGREEMENT
is made and
entered into this 22nd
day
• of January
198 5
by and between THE CITY
of
HUNTINGTON BEACH, a
municipal
corporation of the State
of
California, hereinafter referred to as "CITY," and RANCHO SANTIAGO
• COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "DISTRICT."
WHEREAS, CITY is the owner of certain real property in the
County of Orange, more particularly described in Exhibit "A"
• attached hereto and made a part hereof (hereinafter referred to as
"SITE ", consisting of one parcel designated as the storage
facility site); and
• CITY and DISTRICT have caused to be prepared plans and
specifications for the construction of a storage facility, herein
"PROJECT ", to be erected on SITE; and
• DISTRICT intends to construct PROJECT;
NOW, THEREFORE, in consideration of the performance of the
mutual promises and Agreements herein contained at the time and in
• the manner specified, the parties hereto agree as follows
1. GROUND LEASE
For and in consideration of the sum of one dollar
•
($1.00) rental, the receipt whereof is hereby acknowledged, CITY
•
hereby leases SITE to DISTRICT for a term commencing on the date
- 1 -
of execution hereof and. ending at the end oOhe term of the
sublease to the CITY set forth in Section 4 herein, unless earlier
ended as hereinafter provided.
At the end of the term of this ground lease, or upon
any earlier termination thereof, PROJECT shall become the property
of CITY.
2. CONSTRUCTION OF PROJECT
CITY shall deliver possession of SITE to DISTRICT
upon execution of this agreement. DISTRICT shall proceed with
diligence to let a contract or contracts for the construction of
PROJECT. Any contractor or contractors employed by DISTRICT shall
be licensed under the laws of the State of California. All work,
construction, and materials furnished to be used in PROJECT shall
be in accordance with the plans and specifications. Construction
of PROJECT shall be completed within ninety (90) working days from
the date of the parties' mutual approval of the plans and
specifications. The completion date may be extended by CITY for a
period not to exceed sixty (60) additional days. If PROJECT is
not completed within the time limit, or any extension thereof,
this Agreement may be terminated by CITY. Upon such termination
DISTRICT shall restore the premises to their original condition.
CITY may elect to take title to PROJECT in its uncompleted state.
CITY shall give DISTRICT thirty (30) days written notice of its
intention to terminate under this section.
3. PLANS AND SPECIFICATIONS
CITY and DISTRICT shall, prior to the construction of
P PROJECT, agree to the plans and specifications of said PROJECT.
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z In the event that 0 and DISTRICT fail to ro such agreement
within ninety (90) days of the date of execution of this contract,
this agreement may be terminated by CITY. DISTRICT'shall use said
• plans and specifications in the performance of the work of con-
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structing PROJECT. CITY shall provide all survey and inspection
services and testing of soil required for said construction.
4. SUBLEASE TO CITY - TERM
DISTRICT hereby subleases to CITY, and CITY hereby
accepts and rents from DISTRICT, SITE as improved by construction
of PROJECT. The term of sublease shall commence when PROJECT is
complete. The term of the sublease to CITY shall end twenty (20)
years after commencement of said term of sublease, unless it ends
earlier as hereinafter provided. For the period commencing on the
date on which PROJECT is complete and notice thereof has been
served on CITY, CITY hereby sub - sub -lets to DISTRICT three (3)
storage bays in the PROJECT. DISTRICT agrees that said storage
bays will be to store DISTRICT'S fire training equipment and for
no other purpose.
CITY further agrees that, in consideration for this
sublease, any classroom and drillground rental fees currently
• payable to CITY by DISTRICT under any existing agreements between
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CITY and DISTRICT regarding DISTRICT'S use of CITY'S fire training
facilities shall be reduced by twenty -five percent (258) for the
fiscal years 1986 through 1990.
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5. INSURA140 •
In addition to DISTRICT'S agreement to indemnify
• CITY, DISTRICT shall furnish to CITY, and maintain in force for
the duration of this Agreement, a policy of general liability
insurance (including automotive liability) in which CITY is named
• as an additional insured. The policy shall indemnify CITY, its
officers, and employees, while acting within the scope of their
duties, against any and all claims arising out of or in connection
• with PROJECT and its operations. The policy shall provide
coverage in not less than the following amounts: combined single
limit bodily injury and /or property damage of Three Hundred
Thousand Dollars ($300,000) per occurrence. A certificate of all
such insurance policies required by this Agreement shall be
delivered to the City Attorney prior to the commencement of
services pursuant to this Agreement and shall be approved by her
in writing. No such insurance shall be cancelled or modified
without thirty (30) days' prior written notice to CITY. DISTRICT
will pay premiums. DISTRICT will investigate and furnish CITY
with full reports as to all accidents, claims, and potential
claims for damage relating to PROJECT, and will cooperate with
CITY'S insurers in connection therewith.
6. CHANGES IN PLANS AND SPECIFICATIONS
No, changes shall be made in the plans and
specifications as finally approved by CITY unless such changes
have the prior approval, in writing, by CITY.
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7. CHANGAER COMPLETION •
CITY shall not make any changes or alterations in
PROJECT as completed and shall not make any additions thereto
except with the prior written consent of DISTRICT. CITY may,
without obtaining DISTRICT'S prior or subsequent consent,
. temporarily affix personal property to PROJECT, provided CITY
shall restore premises upon removal thereof.
S. TITLE TO PROPERTY
• Title to SITE shall remain in CITY, subject to the
terms and conditions of this lease and sublease. Ownership of
PROJECT and all fixtures, equipment and apparatus attached to
PROJECT by DISTRICT shall remain in DISTRICT during the term of
this lease and sublease and shall vest in CITY at the end of this
term. Ownership of all personal property, fixtures and equipment
placed in PROJECT by CITY shall remain in CITY.
9. UTILITIES MANAGEMENT, OPERATION AND MAINTENANCE
DISTRICT shall provide and install all electrical
fixtures, which shall meet specifications agreed upon by CITY and
DISTRICT (Section 3). Electrical fixtures shall provide for a
combined maximum usage rate of no more than two thousand (2,000)
watts of energy. CITY shall furnish in conjunction with its right
hereunder to occupy and use PROJECT, the source of electrical
power to the point of connection, with a maximum capacity of
thirty (30) amps, which shall be located at the existing
electrical panel in the central tower of the fire training
facility. CITY shall provide all electrical power needed for
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construction and ope7'Stion of PROJECT, consis* with the plans
and specifications.
CITY shall have the option to maintain PROJECT in
good repair and working order. DISTRICT and CITY agree that
DISTRICT shall be responsible for maintaining the interior of the
three storage bays used by DISTRICT, and DISTRICT further agrees
to repair within a reasonable time any damage to PROJECT caused by
the acts of DISTRICT.
10. INDEMNIFICATION, HOLD HARMLESS, DEFENSE
DISTRICT 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 it as a
result of, arising out of, or in any manner connected with the use
of the leased premises by DISTRICT, its officers, agents,
employees or invitees, herein as DISTRICT, and which arise from
the sole negligence of DISTRICT.
DISTRICT shall be required to defend any action
brought againist CITY when it is alleged that any cause or causes
of action arose out of the aforesaid use of premises by DISTRICT
and the combined active or passive negligence of CITY and
DISTRICT, however, DISTRICT shall not be required to indemnify or
save and hold harmless CITY for any award 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
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DISTRICT. CITY may W into any action brouoagainst CITY and
DISTRICT and provide for their own defense without any rights to
reimbursement for cost of defense from DISTRICT. In the event a
final judgement is entered against CITY and DISTRICT because of
the concurrent or joint negligence of CITY and DISTRICT and the
parties defendant cannot agree as to an apportionment of the
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damages, an apportionment of liability to pay such judgement may
be requested of the court in which the judgement was rendered but
in no case shall a jury apportionment be demanded or requested.
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11. ZONING AND DESIGN APPROVAL
DISTRICT shall be responsible for meeting all zoning
and building requirements of the City of Huntington Beach and
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other applicable state and local agencies for the duration of this
lease agreement. It is understood by DISTRICT that the Huntington
Beach Planning Commission, Board of Zoning Adjustments, Design
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Review Board, or the Huntington Beach City Council approval of
PROJECT'S plans elevation and SITE may be required prior to
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construction of PROJECT.
12. NOTICES
Notices to either party shall be deemed delivered
• twenty -four (24) hours after posting in the United States Mail
Service, addressed as follows:
TO CITY: TO DISTRICT:
Raymond Picard Dr. Robert Matthew
Fire Chief Rancho Santiago Community
City of Huntington Beach College District
2000 Main Street 17th at Bristol
Huntington Beach, CA 92648 Santa Ana, CA 92706
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13. TERMINATION• •
In the event that DISTRICT abandons PROJECT, either
_ voluntarily or involuntarily, by failing to utilize the three (3)
storage bays designated by CITY for DISTRICT'S use, for a period
exceeding six (6) months, title to PROJECT shall vest in CITY.
The parties may otherwise terminate the agreement by mutual
consent upon giving thirty (30) days' notice. Title to PROJECT
shall vest in CITY upon termination.
14. ENTIRETY
The foregoing represents the entire agreement between the
parties.
• 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.
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ATTEST:
City Clerk G1p5
REVIEWED AND APPROVED: �S
City Administrator
CITY OF HUNTINGTON BEACH
a municipal corporation
0
Mayor
APPROVED AS TO
INITIATED AND APPROVED: v
Fir Chief-
RANCHO SANTIAGO COMM*
COLLEGE DISTRICT:
By
O Signature
KM:sr
03/06/85
J
Name and Title
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By � .g' t
Vice Vice� lore
Business /Fiscal Services
Name and Title
Board approved: January 22, 1985
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EXHIBIT "F"
•
• EXISTING ORANGE COUNTY
CONTRACT
• June 18, 1985
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1 ;GA 862 -2
2ilHuntington Beach Training Facility
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6 LICENSE AGREEMENT FOR TRAINING FACILITY USE
7 BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH
8 AND THE COUNTY OF ORANGE
9
THIS AGREEMENT is made and entered into this /,? M day of ' 1985,
10 by and between the City of Huntington Beach, a mun c pal corporation of the State of
California, hereinafter referred to as "CITY," and the County of Orange, hereinafter
11 referred to as "COUNTY," a political subdivision of the State of California.
12 WHEREAS, the City of Huntington Beach owns a parcel of land situated at 18301 Gothard
13 Street, City of Huntington Beach, County of Orange, State of California.
WHEREAS, the cities of Westminster and Fountain Valley, as part of "Net 6," have
14 contracted with the City of Huntington Beach for the use of the parcel at 18301 Gothard
Street for a period of forty -nine (49) years, expiring in the year two thousand twenty -
15 one (2021) to construct, operate, and maintain a fire training center.
16 WHEREAS, CITY wishes to grant COUNTY a License for use of Premises in the manner herein
described.
17
18 NOW, THEREFORE, the parties hereto mutually agree as follows:
1. GRANT OF LICENSE
19
COUNTY is hereby granted by CITY a non - exclusive License for use of the fire training
20 center hereinafter referred to as Premises, shown on Exhibit A, which is attached hereto
21 and by reference made a part hereof, on the terms and conditions set forth below.
2. USE OF PREMISES
22
Premises are to be used solely for the purposes of conducting standard fire training
23 exercises, promotional testing, public relations fire programs, research and development,
and academy training, both in the classrooms and exterior yard training areas. COUNTY
24 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
25 on the terms and conditions set forth herein.
26 3. TERM
27 The term of this License shall be one (1) year, commencing July 1, 1984.
28 JM:aIi
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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.
COUNTY 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 ($1,250) 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 providei~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.
5. 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.
RC:nb
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5 -29 -85
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1 !7. MAINTENANCE AND REPAIR
2 (COUNTY agrees to maintain the Premises, in a neat, clean, and orderly condition at all
3 times during its occupancy.
CITY agrees to be responsible for routine janitorial services and all repair and
4 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
5 COUNTY of specific damage and provide an invoice for the repair costs to be reimbursed.
6 'B. BUILDING AND SAFETY REQUIREMENTS
7 (During the full term of this License, CITY and COUNTY agree to comply with all applicable
8 !building codes, statutes, and orders as they are applicable on the date of this License,
and as they may be subsequently amended.
9 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 S,
10 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
11 the provisions of such Acts are applicable on the date of this License, and as they may
12 be subsequently amended.
Conditions caused solely by COUNTY and not subject to the control of CITY are excluded
13 from this provision.
14 9. UTILITIES
15 CITY shall be responsible for and pay, prior to the delinquency date, all charges for
16 utilities supplied to the Premises.
10. INSURANCE
17
COUNTY agrees to provide the CITY or its agents a certificate of comprehensive
18 neral liability insurance, acceptable to CITY, in the amount of Ten Million Dollars
TU M00;000)- naming CITY as an additional insured against claims for injuries to person!
19 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
20 this paragraph.
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11. INDEMNIFICATION
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COUNTY shall defend, indemnify, save and hold harmless CITY, its officers, agenL3, and
23 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, arisin(
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 the
sole negligence of COUNTY.
26 COUNTY shall be required to defend any action brought against CITY, when it is alleged
27 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
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of damages arising out of either the active or passive negligence of CITY or C11Y's spar(
of any concurrent or joint negligence award against both CITY and COUNTY. CITY may
eriter into any action brought against CITY and COUNTY 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 apportiornient 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. ASSIGNMENT
COUNTY shall not assign this License or any interest herein or permit the use of NkEMISES
by any person or persons other than those under COUNTY's control.
13. DAMAGE OR DESTRUCTION
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 terminated by CITY or COUNTY by immediate written notice to the other party, in
accordance with Section 16 (NOTICES).
14. REMEDIES 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 16 (NOTICES) of such breach, and
COUNTY shall have thirty (30) (jays from receipt of said notice to cure the breach,
unless otherwise agreed by the parties.
D. 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 riot less than five (5)
days after the date of the serving of such notice, and the License shall then expire
on the date specified.
115. PARTIAL IMVALIDITY
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 be addressed as set forth below or as both
parties may hereafter ayree in writing, and shall be sent through the United -totes mail
or hand delivered as follows:
RC:alj
170 -9 -4(10)
A -91-9171
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TO: COUNTY
County of Orange
GSA/Real Estate Uivision
P. 0. Box 4106
Santa Ana, CA 92702
and
Orange County Fire Department
180 South Water 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. ATTACHMENTS
This License includes the following, which are attached hereto and made a part hereof.
1. Exhibit A - Map
UM :nb
170- 9 -5(5)
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1 JIN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and
2 through their authorized officers the day, month, and year first above written.
3 EXECUTED at Huntington Beach, California, this 6 zz day of 1985.
4 CITY OF HUNTINGTON BEACH,
5 a Municipal corporation
BY
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7 Mayo r
8 ATTEST: APPROVED AS FOR FORM:
9
10 City Clerk CityD ey Attor •
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12 1 REVIEWED APPROVED: INITIATED AND APPROVED:
14 pity —Aamn
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3 (Approved as to form:
Count unsel
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6 RECOMMENDED FOR APPROVAL:
7 Orange County Fire Departire nt
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9 By JkMES W. RADLEY
10 General Services Agency
11 Facilities & Real Property
Real Estate Division
12
13 By
14 SIGNED AND CERTIFIED THiT A COPY OF
THIS DUCUMENT HAS BEEN DELIVERED TO
15 THE CHAIRMAN OF THE BOARD
16
17 TNOA D. ROBERTS
18 Clerk of the Board of Supervisors
of Orange County, California
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COUNTY
COUNTY OF ORANGE
Chairman of the Board of Supervisors
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EXHIBIT "G"
EXISTING
ORANGE COUNTY CONTRACT
June 21, 1988
36
REQUO FOR CITY COUN* ACTION /
Date May 24, 1988
Submitted to: Honorable Mayor and City CouncilOtiLD By CITy
Submitted by: Paul E. Cook, City Administrator'� ' C t
oUlvci
Prepared by: Raymond C. Picard, Fire CIy1�`
Subject: FIRST AMENDMENT TO LI6ENSE AGREEMENT FOR TRAIN C
BY THE ORANGE COUNTY FIRE DEPARTMENT cLaRx
Consistent with Council Policy? W Yes ( I New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Ld/&
STATEMENT OF ISSUE:
The Orange County Fire Department desires to continue to use the Net 6 Training Center for
fire tmimimg puiposes. 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 assigned Training Officer elsewhere and the
0 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
SIAVNT OF THE ACTION OF THE CITA&flCIL
MW MW
Council Chamber, City Hall
Huntington Beach, California
Monday, June 6, 1988
Mayor Erskine called the regular meeting of the City Council of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
Absent: None
CONSENT CALENDAR — (ITEMS APPROVED)
On motion by Kelly, second Erskine, Council approved the following items, as
recommended, by the following roll call vote:
AYES: - Kelly, Green, Finley; Erskine, Mays, Winchell, Bannister
NOES:- None
ABSENT: None
BY THE ORANGE COUNTY FIRE DEPARTMENT — APPROVED — Approved and authorized
execution of 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 Net 6 Facility on a limited time basis.
40? Mayor Erskine adjourned the regular meeting of the City Council of the City of
Huntington Beach to 5:30 p.m., Thursday, June 9, 1988, in the Council Chamber.
ATTEST:
Alicia M. Wentworth
City Clerk and ex— officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange )
City of Huntington Beach)
• I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of
the City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 6th day of June 1988.
WITNESS my hand and seal of the said City of Huntington Beach this
• , the 7th day of June, 1988.
Alicia M. Wentworth
City Clerk and ex— officio Clerk
of the City Council of the City
of Huntington Beach, California
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COPY -
MINUTES OF THE BOARD OF 5UPERV15ORS
OF ORANGE COUNTY, CALIFORNIA
JUNE 21, 1988
FIRST..A.MENpMENT TO LICENSE AGREEMENT FOR TRAINING FACILITY WITH CITY OF
HUNTINGTON BEACH: Fire Department requests apr6val of FiFst Amendment to
License Agreement 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
Board 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. MOTION UNANIMOUSLY CARRIED.
h'1F1013 Z.3 (17176)
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GA 862 -2
Huntington Beach Training Facility
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT is made �t1/yc a2/ 1988,
by and between the City of Huntington Beach, a municipa— l corporation of the 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
training 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:alj
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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
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 Premise
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 ($29,820).. The license fee is payable in semi - annual
installments of Fourteen Thousand Nine Hundred Ten Dollars ($14,910) in
arrears, on January 1 and July 1 of each year the License Agreement is -
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 hour
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.
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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 ($35) 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
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 uni
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, 198
and continuing for all subsequent years of the License Term.
II. All other terms and conditions of License_ Agreement dated June 18, 1985, shall
remain unchanged.
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C
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 R*t"� day of , 1988.
ATTEST:
City-Clerk
REVIEWED AND APPROVED:
� � ��
City Administrator
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CITY
CITY OF HUNTINGTON BEACH,
a Municipal Corpgratiory
By
APPROVES FOR FORM:
City Attorn y
ru 1 IT AIln Al.n Annnnvrn.
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Approved as to form:
County Counsel
By—z"
RECOMMENDED FOR APPROVAL:
Orange County Fire Department
By /s/ R.H. Hennessey
General Services Agency
Facilities & Real Property
Real Estate Division
BY C� .
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
L1ND,A D. ROBERTS
Clerk of the Board of Supervisors
Of Orange County, California
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COUNTY
COUNTY OF ORANGE
�Al,ce��
Chairman of the Board o Supervisors
JUN 2 1 1988