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HomeMy WebLinkAbout1991-02-26 - AGENDA REPORTS - LICENSE AGMT WITH COC (2)a CONSENT CALENDAR DATE: February 26, 1991 SUBJECT: LICENSE AGREE NT DEPARTMENT: Public Wor s i BACKGROUND AGENDA REPORT City Manager Approval Item to be presented John Medina WITH COLLEGE OF THE CANYONS Following City Council's direction, staff has formalized an agreement with the College of the Canyons for use of the Vocational Technical Building as an Emergency Operating Center (EOG) for the City. In addition, conceptual design of an emergency power system for this building has been completed as directed by the Council. Attached is a summarized list of salient points addressed in the Agreement. Council's approval of this agreement will allow for the establishment of this facility as an EOC for the City. Establishment will entail an expenditure of approximately $80,000 for development of working drawings for, and installation of, an emergency power system. Funding of this expenditure was provided for in the 1990-91 budget. Following execution of this license agreement by the City and College of the Canyons, staff will proceed in the process necessary to make the facility functional as an EOC. That the Council approve execution of the license agreement with College of the Canyons to use the Vocational Technical Building as an Emergency Operating Center for the City. ATTACHMENT Summary of Agreement Contents License Agreement Estimated Costs for EOC Power Generator and Related Equipment GMM -1120 kt..nda Item: SUMMARY OF AGREEMENT CONTENTS SECTION ONE: GRANT OF LICENSE: DESCRIPTION OF PREMISES SECTION TWO: DURATION OF LICENSE SPECIFIED SECTION THREE: PURPOSE OF AGREEMENT SECTION FOUR: OWNERSHIP SECTION FIVE: SECURITY SECTION SIX: PERIODIC PAYMENTS SECTION SEVEN: TERMINATION SECTION EIGHT: GOVERNING LAW SECTION NINE: ENTIRE AGREEMENT SECTION TEN: MODIFICATION OF AGREEMENT SECTION ELEVEN: NOTICES SECTION TWELVE: ASSIGNMENT OF RIGHTS • LICENSE AGREEMENT This Agreement (hereafter "Agreement") made, effective as of , by and between the College of the Canyons, 26455 N. Rockwell Canyon Road, Santa Clarita, California 91355 hereinafter referred to as "LICENSOR" and.the City of Santa Clarita, 23920 Valencia Blvd., Suite 300, Santa Clarita, California 91355, hereinafter referred to as "LICENSEE". Based upon the mutual promises and valuable consideration contained in this agreement, and hereby acknowledged, the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions of this agreement, the following described property: The structure known as the Vocational Technical Building on the Campus of the College of the Canyons, located at 26455 N. Rockwell Canyon Road, Santa Clarita California 91355 (the "Property"). SECTION TWO DURATION OF LICENSE SPECIFIED A. Licensor hereby gives to Licensee the privilege of entering on the above described real property, at any time within a period of five (5) years from the effective date of this instrument and of carrying out such operations as may be necessary for the purposes of the Licensee. B. After a period of five (5) years, this agreement may be extended for an additional term, upon agreement by both parties. SECTION THREE PURPOSE OF AGREEMENT The above-described property may be occupied and used by Licensee for the purpose of using the Property as an emergency operating center (EOC) and for purposes incidental and appurtenant thereto as provided for pursuant to this agreement. 0 A. Accessibility 1. The Licensee's operations during drills, exercises or other events will pre-empt classes by prior arrangement that includes a one week notice. The number of drills will not exceed one in any given semester. In the event of any actual emergencies, no prior arrangement will be necessary. 2. The Licensee's.Emergency Services Staff will be provided keystodesignated EOC areas. B. Emergency Communications 1. The Licensee will provide for purchase and installation of telephone (Centrex) system and instruments for use within the EOC. (Instruments will be stored in a secured area). 2. Centrex telephone system will only be activated by Pacific Bell, upon formal request by the Licensee during drills, exercises, or actual emergencies. The Licensee will provide for installation of a 10 -foot, roof -mounted antenna (at a location to be.approved by. the Licensor) and coaxial cable from the antenna to the EOC "Radio Room" (Room T-102), as well as all hardware required for emergency communications. C. Emergency Power. 1. The Licensee will provide for purchase and installation of emergency power source, -as well as an aesthetically -pleasing fence or cover (subject to the Licensor approval). 2. The emergency power source will be installed on the southeast corner of the T -building. 3. The feasibility and cost study forthe emergency power system has.been developed. (See attachments). 40 -2- apc:ir/AGR123123 0 0 D. Notification 1. The Licensee will notify Licensor immediately upon determination to activate the EOC at the College. The Licensee will provide.advance notice and authorization for drills and exercises. 3. The Licensee will notify Licensor upon decision to terminate operations. 4. The Licensor will notify the Licensee immediately upon intent to remodel/ reconstruct/modify any area(s) of the.facility which may affect EOC operations. (The Licensee's concerns will be addressed in any discussions relative to proposed modifications). SECTION FOUR OWNERSHIP Licensee shall provide all equipment and materials as listed in Attachment 1. Such non-structural equipment and materials provided by the Licensee, excluding emergency power source, controls and air conditioning system will remain as property of the Licensee. The emergency power source and enclosure, as well as roof -mounted antenna and coaxial cable, will remain as property of the Licensor upon termination of this agreement by both parties at the end of the five-year period. Upon vacating the premises, the EOC.area will return to occupancy by the Licensor. The Licensee will restore the facility to original condition/configuration after each use. Upon completion of construction of a new primary EOC, the Licensee may continue to utilize the Property at the College of the Canyons as an alternate EOC. (Alternate EOC status indicates primary EOC is not usable/accessible). The Licensee may also utilize the alternate EOC as an element of a drill or exercise. Alternate use status will not affect the terms of this agreement. • -3- apc:ir/AGR123123 r i i SECTION FIVE SECURITY College security personnel will and control access during normal business designated local law enforcement/traffic arrive. Such employees may be requested enforcement and traffic control efforts. • secure perimeter hours after control personnel to augment law The Licensor will permit the Licensee's utilization of locked storage areas where Licensee-owned/provided equipment and supplies will be stored. (A potential storage area is the auto bodyarea within a large paint shed.) SECTION SIX PERIODIC PAYMENTS Licensor shall submit documentation to Licensee which will provide adequate tracking of all expenses and costs incurred as a result of EOC activation. All documentation shall be coordinated with City GSA/Financial Services. Licensee will reimburse Licensor for all costs incurred by the Licensor due to EOC activation, as determined by licensee, upon submittal of proper documentation evidencing such costs. This may include reimbursement for loss of income to the District due to canceling classes for drills. Licensee shall make payments based on the extent of utilization of the Property, which shall be due and payable within 60 days following the month in which such.costs were incurred by the Licensor. All payments shall be supported by appropriate statements certified by Licensee. SECTION SEVEN TERMINATION A. Either party may terminate this agreement at any time, without regard to payment periods by giving written ,notice to the other, specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date specified in such notice for the date of termination. 0 -4- apc:ir/AGR123123 . B. Should the Property, or any essential part of the Property, be totally destroyed by fire or other casualty, this agreement shall immediately terminate; and, in the case of partial destruction, this agreement may be terminated by either party by giving written notice to the other, specifying the.date of termination, such notice to be given within sixty (60) days following such partial destruction and not less than ninety (90) prior to the termination date specified in such notice. SECTION EIGHT GOVERNING LAW This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California. SECTION NINE ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind proceeding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION TEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party.or an authorized representative of each party. SECTION ELEVEN NOTICES Any notice provided for or concerning termination of modification of this agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail.if sent to the respective address of each party as set forth above. SECTION TWELVE 0 -5- apc:ir/AGR123123 0 0 • ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. In witness whereof, each party to this agreement has caused it to be executed at [place of execution] on the date indicated below. LICENSOR by (date) Title LICENSEE . by (date) Title ATTEST: City Clerk • -6- apc:ir/AGR123123 ' ESTIMATED COSTS FOR EOC POWER GENERATOR AND RELATED EQUIPMENT I 175 kv generator $40,000 4 day above -ground tank 2,000 panel 4,000 conduit and vire 15,000 AG units (8) 5,000 portable fans (10) 400 portable heaters (10) 300 12v fuel transfer pump 300 electrical room 3.000 Estimated cost for generator at east side of building: $69,000 Add 15ti for extra conduit and/or vire if generator is located at vest side of building: 2,250 Estimated cost for generator at vest side of building: $71,250 is