HomeMy WebLinkAboutMINUTES - 05222018 - (2)CALENDAR FOR THE BOARD OF DIRECTORS
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET
MARTINEZ, CALIFORNIA 94553-1229
KAREN MITCHOFF, CHAIR
JOHN GIOIA, VICE CHAIR
CANDACE ANDERSEN
DIANE BURGIS
FEDERAL D. GLOVER
DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900
JEFF CARMAN, FIRE CHIEF
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO
AN ITEM THAT IS ON THE AGENDA, WILL BE LIMITED TO TWO (2) MINUTES.
The Board Chair may reduce the amount of time allotted per speaker at the beginning of each item
or public comment period
depending on the number of speakers and the business of the day.
Your patience is appreciated.
A closed session may be called at the discretion of the Board Chair.
Staff reports related to open session items on the agenda are also accessible on line at
www.co.contra-costa.ca.us.
SPECIAL MEETING
ANNOTAED AGENDA & MINUTES
May 22, 2018
***Please note time change***
Present: Director John Gioia; Director Candace Andersen; Director Diane Burgis; Director Karen Mitchoff;
Director Federal D. Glover
Staff Present:David Twa, County Administrator
Jeff Carman, Fire Chief
1:00 P.M. Convene and call to order.
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.1 on the following agenda) –
Items are subject to removal from Consent Calendar by request of any Director or on request
for discussion by a member of the public. Items removed from the Consent Calendar will
be considered with the Discussion Items.
May 22, 2018 Contra Costa County Fire Protection District 1
DISCUSSION ITEMS
D. 1 CONSIDER Consent Items previously removed.
There were no items removed from consent for discussion.
D. 2 PUBLIC COMMENT (2 Minutes/Speaker)
There were no requests to speak at public comment.
D.3 CONSIDER accepting a report from the Fire Chief providing a status summary
for ongoing Fire District activities and initiatives. (Jeff Carman, Fire Chief)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.4 CONSIDER approving and authorizing the Fire Chief, or designee, to apply for a
FY 2017 Staffing for Adequate Fire and Emergency Response (SAFER) grant
through the U.S. Department of Homeland Security, Federal Emergency
Management Agency, in an amount not to exceed $3,100,000 over a three year
period. (Jeff Carman, Fire Chief) (Up to 75% Federal, 25% District match)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.5 CONSIDER approving and authorizing the Fire Chief, or designee, to execute a
contract with Ray Klein, Inc., dba Professional Credit Service, in an amount not
to exceed $1,625,000, for the term June 1, 2018 to May 31, 2021 for collection
agency services. (Jeff Carman, Fire Chief)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
CONSENT ITEMS
C.1 APPROVE the Notice of Intention to Sell Real Property owned by the Contra
Costa County Fire Protection District, identified as Assessor’s Parcel Number
100-311-027 and located at 145 Sussex Street, Clyde, and take related actions
under the California Environmental Quality Act, as recommended by the Fire
Chief and the County Real Estate Manager. (100% Surplus Property revenue)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
GENERAL INFORMATION
May 22, 2018 Contra Costa County Fire Protection District 2
GENERAL INFORMATION
The Board meets in its capacity as the Board of Directors of the Contra Costa County Fire
Protection District pursuant to Ordinance Code Section 24-2.402. Persons who wish to address the
Board of Directors should complete the form provided for that purpose and furnish a copy of any
written statement to the Clerk.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the Clerk of the Board to a majority of the members of the Board of Directors less
than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First
Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under
CONSENT ITEMS are considered by the Board of Directors to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless requested by a member of
the Board or a member of the public prior to the time the Commission votes on the motion to
adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the
Chair calls for comments from those persons who are in support thereof or in opposition thereto.
After persons have spoken, the hearing is closed and the matter is subject to discussion and action
by the Board. Comments on matters listed on the agenda or otherwise within the purview of the
Board of Directors can be submitted to the office of the Clerk of the Board via mail: Contra Costa
County Fire Protection District Board of Directors, 651 Pine Street Room 106, Martinez, CA
94553; by fax: 925-335-1913.
The District will provide reasonable accommodations for persons with disabilities planning to
attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at
(925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk,
Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the
Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make
the necessary arrangements. Applications for personal subscriptions to the Board Agenda may be
obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The Board of Directors’
agenda and meeting materials are available for inspection at least 96 hours prior to each meeting at
the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California.
Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board,
(925) 335-1900 or using the County's on line subscription feature at the County’s Internet Web
Page, where agendas and supporting information may also be viewed:
www.co.contra-costa.ca.us
ADVISORY COMMISSION
The Contra Costa County Fire Protection District Advisory Fire Commission is scheduled to meet
next on Monday, June 11, 2018 at 7:00 p.m. at the District Training Center, 2945 Treat Blvd.,
Concord, CA 94518.
May 22, 2018 Contra Costa County Fire Protection District 3
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
The Contra Costa County Fire Protection District has a policy of making limited use of acronyms,
abbreviations, and industry-specific language in its Board of Supervisors meetings and written
materials. Following is a list of commonly used language that may appear in oral presentations and
written materials associated with Board meetings:
AB Assembly Bill
ABAG Association of Bay Area Governments
ACA Assembly Constitutional Amendment
ADA Americans with Disabilities Act of 1990
AFSCME American Federation of State County and Municipal Employees
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BGO Better Government Ordinance
BOC Board of Commissioners
CALTRANS California Department of Transportation
CAER Community Awareness Emergency Response
CAL-EMA California Emergency Management Agency
CAO County Administrative Officer or Office
CCE Community Choice Energy
CBC California Building Code
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CFC California Fire Code
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPF – California Professional Firefighters
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
EBMUD East Bay Municipal Utility District
ECCFPD East Contra Costa Fire Protection District
EIR Environmental Impact ReportMay 22, 2018 Contra Costa County Fire Protection District 4
EIR Environmental Impact Report
EIS Environmental Impact Statement
EMCC Emergency Medical Care Committee
EMS Emergency Medical Services
et al. et alii (and others)
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
FTE Full Time Equivalent
FY Fiscal Year
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IAFF International Association of Firefighters
ICC International Code Council
IFC International Fire Code
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
Local 1230 Contra Costa County Professional Firefighters Local 1230
MAC Municipal Advisory Council
MBE Minority Business Enterprise
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PACE Property Assessed Clean Energy
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
SB Senate Bill
SBE Small Business Enterprise
May 22, 2018 Contra Costa County Fire Protection District 5
SEIU Service Employees International Union
SUASI Super Urban Area Security Initiative
SWAT Southwest Area Transportation Committee
TRANSPAC Transportation Partnership & Cooperation (Central)
TRANSPLAN Transportation Planning Committee (East County)
TRE or TTE Trustee
TWIC Transportation, Water and Infrastructure Committee
UASI Urban Area Security Initiative
UCOA United Chief Officers Association
vs . versus (against)
WAN Wide Area Network
WBE Women Business Enterprise
WCCTAC West Contra Costa Transportation Advisory Committee
May 22, 2018 Contra Costa County Fire Protection District 6
RECOMMENDATION(S):
ACCEPT a report from the Fire Chief providing a status summary for ongoing Fire District activities and
initiatives.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At the request of the Contra Costa County Fire Board of Directors, the Fire Chief is providing a report on
the status and progress of the various District initiatives.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/22/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Jeff Carman, Fire Chief
925-941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: May 22, 2018
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.3
To:Contra Costa County Fire Protection District Board of Directors
From:Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:May 22, 2018
Contra
Costa
County
Subject:Fire Chief's Report - May 22, 2018
May 22, 2018 Contra Costa County Fire Protection District 7
ATTACHMENTS
Fire Chief's Report May 2018
May 22, 2018 Contra Costa County Fire Protection District 8
May 22, 2018 Contra Costa County Fire Protection District 9
May 22, 2018 Contra Costa County Fire Protection District 10
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Fire Chief, or designee, to apply for a FY 2017 Staffing for Adequate
Fire and Emergency Response (SAFER) grant through the U.S. Department of Homeland Security (DHS),
Federal Emergency Management Agency (FEMA), in an amount not to exceed $3,100,000 over a three year
period.
FISCAL IMPACT:
As indicated in the Background section, the cost share requirement for FY 2017 SAFER grant awards is
significant. The Period of Performance is three years. No extensions beyond three years will be allowed.
During that three year period, the District will be responsible for providing a 25% cost share in the first and
second years and a 65% cost share in the third year. Additionally, FY 2017 awards limit position costs to
the usual annual cost of a first-year firefighter at the time of the grant application. Therefore, the District
will also be responsible for funding 100% of merit increments and negotiated wage increases over three
years.
BACKGROUND:
This authorizes the Contra Costa County Fire Protection District (District) to apply for a fiscal year (FY)
2017 Staffing for Adequate Fire and Emergency Response (SAFER) grant. If awarded the grant, the
District will return to the Board with specific funding award details and a deployment plan. The Board will
then have the opportunity to authorize acceptance of the grant award.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/22/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Jackie Lorrekovich, Chief Admin
Svcs (925) 941-3300 x1300
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 22, 2018
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc:
D.4
To:Contra Costa County Fire Protection District Board of Directors
From:Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:May 22, 2018
Contra
Costa
County
Subject:FY 2017 Staffing for Adequate Fire and Emergency Response (SAFER) Grant
May 22, 2018 Contra Costa County Fire Protection District 11
The purpose of SAFER grants is to provide funding directly to fire departments to assist them in increasing
the number of firefighters to help communities meet industry minimum standards and attain 24-hour
staffing to provide adequate protection from fire and fire-related hazards. The District has been successful
in obtaining two prior SAFER awards (FY 2010 and FY 2013).
May 22, 2018 Contra Costa County Fire Protection District 12
BACKGROUND: (CONT'D)
Period of Performance: The period of performance is three years. Extensions to the period of performance
are not available.
Cost Share: SAFER grant recipients are required to contribute a Cost Share toward the actual cost of
hiring firefighters under this program.
No Supplanting Allowed: SAFER grant funds may only be used to hire new, additional firefighters
and may not be used to supplant funds that would otherwise be available from State or local sources.
Minimum Budget Requirement: At the time of application, SAFER grant applicants are required to
certify that their annual budget for fire-related programs and emergency response has not been reduced
below 80% of the average funding level in the three years prior to November 24, 2003.
Position Cost Limit: SAFER grant funds may not exceed a certain percentage of the usual annual cost
of a first-year firefighter in that department at the time of the grant application. There is no waiver available
for this requirement.The amount of Federal funding provided to a recipient for hiring a firefighter in any
fiscal year may not exceed:
in the first year of the grant, 75% of the usual annual cost of a first-year firefighter in
the District at the time the grant application is submitted;
in the second year of the grant, 75% of the usual annual cost of a first-year
firefighter in in the District at the time the grant application was submitted; and
in the third year of the grant, 35% of the usual annual cost of a first-year firefighter
in the District at the time the grant application was submitted
“Usual annual costs” includes the base salary and standard benefits package (including the average health,
dental, and vision costs, FICA, life insurance, retirement/pension, etc.) offered by the District to first-year
firefighters.
This request would be for nine (9) firefighter positions. The District's intent would be to staff three fire
stations with a fourth firefighter. A fire company is typically staffed with a captain, an engineer, and a
firefighter, at least one of which is a paramedic. If awarded, the grant would only cover a portion of salary
and benefits costs. The District would be responsible for funding the cost share indicated above plus the
additional costs of merit increments and negotiated wage increases over three years.
Throughout the performance period of the grant, the District will need to maintain the total number of
authorized and funded firefighter positions at the time of award plus the total number of SAFER-funded
firefighter positions. The District cannot lay off firefighters during the period of performance, and
vacancies that arise through attrition – such as openings created by retirements – must be filled within a
reasonable time period.
The total grant program request is approximately $5 million over three years. The Federal share is
estimated at $3.1 million and the local agency match is estimated at $1.9 million.
CONSEQUENCE OF NEGATIVE ACTION:
The Contra Costa County Fire Protection District will not pursue this grant opportunity.
May 22, 2018 Contra Costa County Fire Protection District 13
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with Ray Klein, Inc., dba
Professional Credit Service, in an amount not to exceed $1,625,000, for the term June 1, 2018 to May 31,
2021 for collection agency services.
FISCAL IMPACT:
The proposed contract for service is revenue positive to the District. The District will pay the contractor a
monthly amount representing fees for collection services. The contractor fee will be 18% of monies
collected on accounts referred by the District. The District will not incur any costs for collection efforts. All
monies paid to the contractor will come from collected accounts.
BACKGROUND:
The Contra Costa County Fire Protection District (District) provides emergency and non-emergency
medical services, including 911-system emergency ambulance transports, emergency medical services first
response, and inter-facility ambulance transports for resident and visitors in its jurisdiction, and charges for
these services. The District also provides non-medical services including Fire Code related new
construction plan reviews and inspections, Fire Code permit
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/22/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Jackie Lorrekovich, Chief Admin
Svcs (925) 941-3300 x1300
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 22, 2018
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Contra Costa County Fire Protection District Board of Directors
From:Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:May 22, 2018
Contra
Costa
County
Subject:Contract for Collection Agency Services
May 22, 2018 Contra Costa County Fire Protection District 14
BACKGROUND: (CONT'D)
issuance, and Fire Code enforcement inspections, and charges fees for these services.
This contract is for the services of a qualified and experienced full-service collection agency to provide
collection services for unpaid and delinquent account receivables for the District. The contractor is a
full-service collection agency and will provide collection services for unpaid and delinquent accounts
receivable including delinquent ambulance and emergency medical services (EMS) bills and delinquent
accounts for fees related to fire prevention and Fire Code related plan reviews, permits, inspections,
nuisance false alarms, and other fees. Contractor will be paid 18% of amounts collected on primary
accounts and 25% of amounts collected if legal action is initiated at District's request.
CONSEQUENCE OF NEGATIVE ACTION:
The District will not seek to collect on unpaid and delinquent accounts receivable for medical or other
services.
May 22, 2018 Contra Costa County Fire Protection District 15
RECOMMENDATION(S):
APPROVE the Notice of Intention to Sell Real Property at public auction (NOI), attached
hereto and incorporated herein, for property identified as Assessor’s Parcel Number
100-311-027 and located at 145 Sussex Avenue (Property), pursuant to Government Code
Section 25363, Clyde area. (Project No. 7300-WLP139)(CP#18-11)
DETERMINE said Property described in the NOI to be surplus and no longer necessary for
public purposes.
DECLARE the Contra Costa County Fire Protection District’s (District) intention to sell
said Property under the terms and conditions set forth in the Option Agreement referred to
in the NOI as prepared by Real Estate Division of the Public Works Department.
APPROVE the NOI; and DIRECT the Real Estate Division of the Public Works
Department to publish the NOI in the Contra Costa Times pursuant to Government Code
Section 25363.
DETERMINE that the activity is a California Environmental Quality Act (CEQA), Class 12
Categorical Exemption, pursuant to Article 19, Section 15312 of the CEQA Guidelines; and
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/22/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Aaron McAlister, Assistant Fire
Chief 925-941-3503
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 22, 2018
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.1
To:Contra Costa County Fire Protection District Board of Directors
From:Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:May 22, 2018
Contra
Costa
County
Subject:APPROVE the Notice of Intention to Sell Real Property at public auction, and take related actions under CEQA, Clyde
area.
May 22, 2018 Contra Costa County Fire Protection District 16
RECOMMENDATION(S): (CONT'D)
DIRECT the Director of the Department of Conservation and Development (DCD) to file
a Notice of Exemption with the County Clerk; and
AUTHORIZE the Fire Chief, or designee, to arrange for payment of the $50.00
fee to the County Clerk for filing and a $25.00 fee to DCD for processing of the
Notice of Exemption.
SET June 21, 2018, at 1:30 p.m. at 255 Glacier Drive, Martinez, California, as the
time and place where oral bids will be received and considered.
FISCAL IMPACT:
The District will receive revenue from the sale of surplus property subject to the
expenses related to the transaction.
BACKGROUND:
The Contra Costa County Fire Protection District; successor in interest to the dissolved
Bay Point Fire Protection District, acquired the Property in May 1969. The Property is
the former site of a reserve fire station that was staffed by volunteers. The fire station is
approximately 900 square feet and has been non-operational as an active fire station for
over 20 years and was used as a storage facility until 2014. It was permanently closed in
2014. The surrounding area is being serviced by other fire stations for primary
emergency response. The Property is no longer needed and the District wishes to sell it as
surplus property.
CONSEQUENCE OF NEGATIVE ACTION:
The District would continue to own and be responsible for the maintenance of
the Property.
ATTACHMENTS
NOI to Sell Clyde Fire Station
CEQA Sale of Clyde Fire Station
Draft Option Agreement
May 22, 2018 Contra Costa County Fire Protection District 17
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO SELL REAL PROPERTY
(Government Code § 25363)
The County Real Estate Division will sell at public auction to the highest responsible bidder,
the real property hereinafter described:
Assessor's Parcel No. 100-311-027 is a lot that is approximately 2,125 sf. with an
approximately 900 sf. structure, located at 145 Sussex Street in Clyde, California in a Single
Family Residential Development with a General Plan Land Use of R-6.
The auction will be held at 255 Glacier Drive, Martinez, California, on June 21, 2018 at 1:30
p.m.
The sale will be done in accordance to the terms and conditions set forth in the Option
Agreement which is available at the office of Contra Costa County, Public Works Department,
Real Estate Division, 255 Glacier Drive, Martinez, California 94553, and can be viewed online
at the Contra Costa County Public Works Department website (http://www.co.contra-
costa.ca.us/471/Suplus-Property), or may be requested by phone to be mailed by calling Jewel
Lopez at (925) 957-2457.
The County reserves the right to reject any and all bids received.
The parcel will be sold “AS -IS” and the purchaser assumes all risks and responsibility.
The parcel will be sold without warranty as to possible uses and the purchaser assumes all
risks and responsibilities.
May 22, 2018 Contra Costa County Fire Protection District 18
May 22, 2018 Contra Costa County Fire Protection District 19
May 22, 2018 Contra Costa County Fire Protection District 20
May 22, 2018 Contra Costa County Fire Protection District 21
May 22, 2018 Contra Costa County Fire Protection District 22
1
Parcel Number: 100-311-027 Optionee: _______________
Project Name: Sale of Surplus – Address: _______________
145 Sussex St., Clyde (FS#18) _______________
Project Number: 7300-WLP139
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT AND THE
OPTIONEE NAMED HEREIN
(Not to be Recorded)
1. Recitals.
a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a fire protection district
organized under the laws of the State of California, hereinafter referred to as t he
“District”, is the owner of the certain real property described in Exhibit “A” and “B”
attached hereto and made a part hereof, located at 145 Sussex Street and further
identified as A.P.N 011-311-027, hereinafter referred to as the “Property.”
b. District proposes to sell the Property.
c. _______________________ (“Optionee’) desires to acquire the exclusive right to
purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by the
Contra Costa County Fire Protection District Board of Directors, as governing body of the
District (“Effective Date”).
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the terms and
conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or terminate
on the earliest of the following dates:
a. Option Term. Sixty (60) days following the Effective Date, unless during said
period District agrees in writing to extend the Option Period.
b. Extension of Option Period. District, in its sole discretion, shall have the right,
but not the obligation, to extend the term of the Option Term, under such terms and
conditions as District believes is reasonable, if District, in its sole discretion,
believes such extension is warranted. No such extension shall be effective unless
and until it is in writing signed by both parties.
c. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
May 22, 2018 Contra Costa County Fire Protection District 23
2
5. Consideration for Option
a. Payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay District the sum of Five Thousand Dollars ($5,000.00) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property (“Option Consideration”). The Option Consideration shall be paid
before the date this Agreement is approved by the Board of Supervisors. The
Option Consideration shall be paid at the Public Works Department, Real Estate
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa
County Fire Protection District.
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of District shall belong to District and be
retained by District, whether or not Optionee ultimately exercises its right to
purchase the Property. District shall have no obligation to account for the Option
Consideration to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District’s option the sale may be
consummated through an escrow at a tit le company to be selected by District (“Title
Company Name, Address and Escrow No ”). In such case, Optionee hereby
authorizes District to prepare and file escrow instructions with said Title Company
on behalf of Optionee in accordance with this Agreement. If for any reason, the
named Title Company is unable to handle this transaction through the Close of
Escrow, the County’s Real Property Agent assigned to oversee this Property
acquisition will select an alternate title company to handle the transaction, and notify
Grantor in writing of the identity and address of the successor title company and the
new escrow number. Thereafter, the successor company will be the “Title
Company” for purposes of this Agreement. Escrow shall be deemed to be closed
and the Property shall be deemed to be conveyed on the date the deed to
Optionee is recorded (“Closing Date”). All escrow fees, recording fees,
documentary transfer taxes or other real estate transaction taxes or fees, by
whatever name known, including broker’s commission, if any, and personal property
sales taxes where applicable, will be paid solely by Optionee. If title insurance is
desired by the Optionee, Optionee will be solely responsible to pay the premium
charged therefor.
b. Purchase Price. The purchase price (“Purchase Price”) for the Property during
the Option Term is the sum of (TBD) Dollars ($TBD). All Option Consideration paid
by Optionee shall be credited to the Purchase Price of the Property. The Purchase
Price shall be paid at the Public Works Department, Real Estate Division, 255
Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire
Protection District.
c. Title; Grant Deed. The right, title and interest in the Property to be conveyed by
District pursuant to this Agreement shall not exceed that vested in the District. If the
Optionee exercises its option, the Property shall be conveyed to Optionee subject
to all title exceptions, restrictions, easements, liens and reservations, whether or not
of record. The sale under this Option is subject to the approval of the Contra Costa
County Fire Protection District Board of Directors. The Optionee may not take
possession of the Property until a deed from the Contra Costa County Fire
Protection District has been recorded. If the Optionee exercises its Option, upon
approval by the Board of Directors, the District shall convey title to the Property to
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the Optionee by Grant Deed. It is understood that Optionee acquires no right, title,
interest or equity in or to said property until a grant deed to Optionee is recorded.
7. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee’s delivering to
District before the expiration of the Option Term, written notice of the exercise (“Exercise
Notice”) and payment of the Purchase Price to the District.
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee or
representation concerning any matter or thing affecting or relating to the Property nor does
it assume any responsibility for the conformance to codes or permit regulations of the city
or District within which the Property is located.
If Optionee exercises this Option, Optionee will accept the Property in an “as is” condition.
District has not made and does not make any representation as to the physical condition of
the Property.
As partial consideration for this Option, Optionee hereby releases and discharges District
and its employees, agents, attorneys, officers, divisions, related agencies and entities,
affiliates, successors, and assigns from any and all claims, demands, causes of action,
obligations, damages, and liabilities, which Optionee now has or could assert in any manner
related to or arising from the condition of the Property, the presence of any hazardous
substance in or around the Property, and the Optionee’s present or future use of the
Property. Optionee knowingly waives the right to make any claim against the District for
such damages and expressly waives all rights provided by section 1542 of the California
Civil Code, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR”
9. Right of Entry.
During the term of this Option and prior to the Closing Date, Optionee, its agents,
contractors and employees, shall have the right to enter the Property at all reasonable
times for the purpose of performing reasonable tests, engineering studies, surveys, soil
and environmental tests and other tests, surveys, studies, and investigations of the
Property as Optionee determines necessary or desirable. Optionee will defend, indemnify
and hold District harmless from any claim, loss or liability in connection with any entry by
Optionee, its contractors, agents and employees and Optionee will be solely responsible for
all costs incurred in connection with these activities or Option ee’s investigation of the
Property.
10. Informalities; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or cancel the
sale at any time prior to recording of a deed. In the event of cancellation of sale by District,
through no fault, action or inaction of Optionee, all monies deposited shall be refunded
without payment of interest.
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11. Notices.
All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When personally delivered to the recipient, notice shall be deemed
delivered on the date personally delivered.
b. The place for delivery of all notices given under this Agreement shall be as follows:
District: Real Estate Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: 925-957-2467
Fax: (925) 646-0288
Optionee: ______________________ (Name
______________________ (Address)
______________________
______________________ (Telephone)
or to such other addresses as Optionee and District may respectively designate by
written notice to the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all rights under this Agreement shall be freely assignable. This agreement
shall be binding on and inure to the benefit of the parties, and their respective heirs,
personal representatives, successors and assigns. Nothing in this Agreement, express or
implied, is intended to confer on any person, other than the parties and their respective
successors and assigns, any rights or remedies under or by reason of this Agreement.
13. Construction.
The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement, The section
headings, captions and arrangement of this instrument do not in any way affect, limit,
amplify or modify the terms and provisions of this Agreement. This Agreement shall not be
construed as if it had been prepared by one of the parties, but rather as if both parties
have prepared it. The parties to this Agreement and their counsel have read and reviewed
this Agreement and agree that any rule of construction to the effect that ambiguities are to
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be resolved against the drafting party shall not apply to the interpretation of this
Agreement.
14. Further Assurances.
Whenever requested to do so by the other party, each party shall execute, acknowledge
and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further
instruments and documents as may be necessary, expedient, or proper in order to
complete all conveyances, transfers, sales, and assignments under this Agreement, and do
all other acts and to execute, acknowledge, and deliver all documents as requested in
order to carry out the intent and purpose of this Agreement.
15. Governing Law.
This Agreement shall be governed and construed in accordance with California Law. The
venue for any legal action pertaining to this Agreement shall be Contra Costa County,
California.
16. Severability.
Should any term, portion or provision of this Agreement be finally decided to be in conflict
with any law of the United States or of the State of California, or otherwise to be
unenforceable or ineffectual, the validity of the remaining parts, terms, portions or
provisions of this Agreement shall be deemed severable and shall not be affected thereby,
provided that such remaining parts, terms, portions or provisions can be construed in
substance to constitute the Agreement that the parties intended to enter into in the first
instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save
and hold harmless District, its officers, agents, and employees, from any and all claims,
costs and liability for any damages, sickness, death or injury to persons or property,
including without limitation all consequential damages, from any cause whatsoever,
including the sole or joint negligence of District, its agents, officers or employees, arising
directly or indirectly from or connected with the repairs or any present or future condition of
the Property or use of the Property which is the subject of this Agreement, or any
representations, misrepresentations or non-representations regarding its condition or use,
and will make good to and reimburse District for any expenditures, including reasonable
attorneys’ fees that District may make by reason of such matters and, if requested by
District, will defend any such suits at the Optionee’s sole expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the close of escrow of the Property, shall be fully enforceable
after the Closing Date in accordance with their terms and shall not merge in the deed or
other documents following the delivery and recordation of said deed or other documents.
19. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as making either party an agent or
partner of the other party.
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20. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in the
manner provided in Section 7 before the expiration of the applicable Option Term, Optionee
shall have no interest in the Property and the Option may not be revived by any
subsequent payment or further action by Optionee.
21. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
22. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by
District and Optionee.
23. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters
set forth, and expressly supersedes all previous or contemporaneous agreements,
understandings, representations or statements between the parties respecting this matter.
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT OPTIONEE
By ____________________________ By
__________________________
Karen Mitchoff
Chair, Board of Directors
Date ________________________
ATTEST: DAVID TWA, Authority
Administrator and Clerk of the Board
of Supervisors
By ____________________________
____________________________
Deputy
APPROVED AS TO FORM
Sharon L. Anderson, County Counsel
By ____________________________
Deputy County Counsel
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
G:\realprop\Jewel\Sale of Surplus Property\Fire Station #18 - Sussex St\SA.03a Draft Option Agreement-Fire District.doc
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Updated 4/10/2009 (Fire District)
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