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HomeMy WebLinkAboutMINUTES - 11051996 - D6 �R TO: BOARD OF SUPERVISORS Contra % FROM: Finance Committee 01 �► s Costa DATE: November 5, 1996 �_� County 7�.:" SUBJECT: AGREEMENT ON FINANCING FOR THE CONSTRUCTION AND OPERATIONS OF THE PROPOSED NEW FIRE STATION 87 (PITTSBURG) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I RECOMMENDATION: 1. APPROVE the attached agreement between the Contra Costa County Fire Protection District and the City of Pittsburg and the Pittsburg Redevelopment Agency on the construction and operation of a new fire station; and AUTHORIZE the Chair of the Board to sign the agreement. (Attached) BACKGROUND: On October 29, the Finance Committee discussed the final terms,and conditions of an agreement with the Fire Chief and the Mayor and City Manager of the City of Pittsburg. The Committee unanimously approved the agreement. This matter has been before the Finance Committee six times this year and extensive deliberations have been held on both the financing and service delivery elements. The City will be contribution $3.3 million in redevelopment monies and $600,000 in fire facilities monies for both the construction and operations of the new fire station over the next three years. CONTINUED ON ATTACHMENT: YES SIGNATURE: 57v (\ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): Mark DeSaulnier Tom Torlakson ACTION OF BOARD ON November 5, 1996 APPROVED AS RECOMMENDED _X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ------------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED November 5, 1996 Contact: APELOR,CLERK OF THE BOARD OF CC: Fire District RSANDCOUNTY MI STRAT City of Pittsburg Terry McGraw, County Administrator City of Pittsburg Civic Center • P.O. Box 1518 • Pittsburg, California 94565 ,%LOP, December 16, 1996 Terry McGraw Contra Costa County Consolidate Fire 651 Pine Street, 10th Floor Martinez, California 94553 RE: AGREEMENT BETWEEN THE CITY OF PITTSBURG AND THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT FOR THE FUNDING OF A NEW FIRE STATION Dear Mr. McGraw: Enlosed is the above referenced agreement to be executed and returned to me as soon as possible. Upon receipt of a fully executed copy I will foward a copy to you. If you have any questions, please call me at (510) 439-4890. Regards, Aleida Gerena-Rios Enclosure DEC 17 19%California Healthy Cities Project National Center for Public Productivity Exemplary Award- 1993 City of New Horizons AGREEMENT BETWEEN THE CITY OF PITTSBURG, THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG AND AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT FOR THE FUNDING OF A NEW FIRE STATION This Agreement is made and entered into effective on November 5, 1996, by the City of Pittsburg (the "City"), the Redevelopment. Agency of the City of Pittsburg (the "Agency") and the Contra Costa County Fire Protection District (the "District") by and through the Contra Costa County.Board of Supervisors (the District's Board of Directors) and is based upon the following. A. The City and Agency desire to enter into an agreement with the District whereby in exchange for certain actions and funding by the City and the Agency, the District will establish a new fire station to provide additional fire protection,services for City residents in the Bailey Road/Leland Road Corridor area of Pittsburg. B. The parties desire to enter into an agreement which will provide a funding plan for a portion of the District's construction and operational costs. NOW, THEREFORE, the parties agree as follows: Section 1. PROJECT DESCRIPTION. A. The funding described in this Agreement will be used to construct and operate a new fire station known as Station No. 87 to be located at 801 West Leland Road in Pittsburg. The City owns the real property on which Station No. 87 will be built and agrees to deed the real property to the District. The District has hired the architects and tentative plans have been completed. Environmental and planning approvals have been obtained and construction is scheduled to begin in the Fall of 1996 and be completed in approximately one year. B. The City and District desire to jointly exercise their powers for the purpose of constructing a fire station ("Station No. 87"). As specified in this Agreement, the construction of the fire station shall be financed by District and shall be administered by City. The completed fire station shall be owned and operated by District. Section 2. PROJECTED CAPITAL AND OPERATIONAL COSTS: FUNDING COMMITMENTS. A. The District has estimated the capital costs for construction of Station No. 87 will be between $1,000,000 and $1,200,000. The District has indicated that the operational costs for Station No. 87 will be approximately $1,000,000 per year. 1 B. Under the City's Municipal Code chapter 15.92, the City is authorized to collect, on behalf of the District, a fire facilities protection fee ("fire facilities fee") prior to issuance of a building permit for new construction. The purpose of the fire facilities fee is to provide a method for financing fire protection facilities and services within City and District boundaries. The City and District have identified approximately $700,000 in available fire facilities funds (approximately $600,000 City, $100,000 unincorporated). T'he District and City agree that such funds shall be used for construction of Station No. 87. In addition, all fire facility fees collected, on development in Pittsburg shall be used only for fire facilities in Pittsburg. C. After expenditure of the existing fire facility funds in the approximate amount of $700,000, a shortfall of approximately $300,000 to $500,000 in capital costs remains to complete the 'construction of Station No. 87. The District hereby acknowledges this shortfall and agrees to fund the entire remaining balance of such shortfall so that construction of Station No. 87 will be accomplished in the time anticipated herein. D. The Agency agrees to, contribute $3,300,000 over the next three years to the District for construction and operational expenses at Station No. 87 as follows: $400,000 in April 1997; $500,000 in April 1998; and $2,400,000 in April 1999, in accordance with the existing revenue sharing agreement between the Agency and Contra Costa County, as amended, ("Fiscal Agreement"). E. The City agrees to assist the District with reasonable fee waivers on Station #87, as determined by City. Section 3. DISTRICT'S OBLIGATIONS. A. The District acknowledges and agrees that the construction, costs, maintenance and staffing of Station No. 87 shall be the sole responsibility of the District, except for the City's role as the construction contract administrator and Lead Agency pursuant to CEQA, and that nothing in this Agreement shall be construed to impose any obligation on the City and/or Agency with respect to the construction funding, maintenance or staffing of Station No. 87 or to require that the Agency and/or City provide any additional funding for Station No. 87 beyond the funding described herein. B. Within thirty days of execution of this Agreement, the District agrees to provide a letter from the Contra Costa COLIlity Board Of SLIpervisors, the District's governing body, that acknowledges that it is the District's and District Board's obligation to establish, fund and staff Station No. 87 and that the City and Agency have no obligation or In responsibility to fund or staff Station No. 87 beyond that specified herein. C. The District understands and acknowledges that the funding described herein shall be used for construction and short term start LIP operational costs, and that the District 2 shall seek to obtain long term funding for staffing and operations of Station No. 87 by taking reasonable action such as: 1) Studying and proposing the advisability of a District wide fire assessment fee; 2) Considering a proposal for a regional fire fee for Eastern Contra Costa County; and 3) Such other actions necessary for the long term operation of Station No. 87. D. ' The District further agrees to advance, from its reserve fund, any and all additional funds above the facility fee accumulation of approximately $700,000, as necessary to ensure that construction of Station No. 87 is completed. E. Any fire facilities fees imposed on developers by District or cities be fairly used and equitably distributed in accordance with the law. F. The District shall develop a fire fighter cadet program as a pilot project to serve the Bay Point and Pittsburg area. The District shall coordinate such a pilot project with the Pittsburg Unified School District, Mt. Diablo Unified School District and the County Probation Department. G. The District shall establish a fire fighter reserve program in the Pittsburg area subject to evaluation of efficiency and cost effectiveness of operations. Section 4. THE CITY'S AND AGENCY'S OBLIGATIONS. A. The City understands that capital costs for Station No. 87 will be partially funded through the fire facilities fee in an arnount estimated at $700,000. B. The Agency agrees to fund the operational costs for Station No. 87 as long as the funds committed herein are available and in an amount not to exceed $3,300,000 as more fully described in the Fiscal Agreement. C. The City shall act as the Lead Agency on the project at the request of the District and shall work with the District toward the end that construction is complett;d as expeditiously as possible. Section 5. TIMING. The City and Agency are strongly committed to having Station No. 87 built and operational as expeditiously as possible. The parties recognize the District's overall financial 3 difficulties and will continue to meet and discuss ways to achieve additional long term funding for the District. However, the District shall not delay construction of Station No. 87 and shall proceed to establish and staff the station in an expeditious manner. Section 6. NOTICES. Any notice given under this Agreement shall be in writing and considered given Nvll--n personally delivered or deposited in the mail (Certified or registered) addressed to the parties as follows: The CiWAgency The District Jeffrey C. Kolin Chairperson City Manager Contra Costa County City of Pittsburg Board of Supervisors Post Office Box 1518 651 Pine Street Pittsburg, California 94565 Martinez, California 94553 Section 7. INDEMNITY. A. The District agrees to defend, indemnify, and hold the City harmless from and against any and all liability, damages, costs, losses, claims or expenses arising out of or in any way related to District's performance under this Agreement. Except for wilful misconduct, in no event shall the City be responsible for any damages connected with the construction of Station No. 87, including without limitation liability for negligent super-vision of construction, construction defects (either latent or patent), or cost overruns. The City is providing construction management services as an accommodation to the District, and by so doing is not assuming liability for any aspect of its service. B. The contract documents for the project shall include provisions requiring the successful bidder to: (1) naive the District, the City, their governing bodies, officers and employees as additional insureds on any required 'Insurance certificates; and (2) promise to hold harmless and indemnify the District, the City, their governing bodies, officers and employees. Section 8. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 4 li JJ• j Section 9. MODIFICATION. No waiver or modification of this Agreement is valid unless made in writing and signed by both parties. Section 10. SEVERABILITY. In the event any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected. Section 11. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and agreement between the parties t regarding the source of construction funds and operation of Station No. 87. Except that the parties understand that further agreement(s) will be necessary to define the particulars of construction details and payment schedules. Section 12. HEADINGS. Paragraph headings are used for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions. Section 13. ATTORNEYS' FEES AND COSTS. In the event of a dispute, arbitration or litigation with respect to any of the terms of this Agreement or a transaction contemplated by it, each party shall bear its own attorneys' fees and costs. Section 14. CHOICE OF LAW. This Agreement is governed by and to be construed in accordance with the laws of the State of California. Section 15. SIGNATURES. The following signatures attest the parties' agreement hereto. 5 7D. � WHEREFORE; the parties have executed this Agreement as of the date first written above. CITY OF PITTSBURG Contra Costa County Fire Protection District os ` nciamilla Ch`ir M yo ATTEST: Ali Pride, zt /Clerk REDEVELOPMENT AGENCY se ramilla, Chair ATTEST: effr olin, ecretary PCTTSBUR\GENERALIAFIRESTA.DlS (C.NL.100) 6 FEB-24-1997 lb;Ur F-MA9 L.I I Y Ll- r 1 I I St%J-tU t--K I u 7b4b13�3 r.el -D• G CONFIDENTIAL FAX TRANSMITTAL City of Pittsburg FROM THE OFFICE OF .THE CITY MANAGER TO: ,,,,//__ DATE: 44 FAX NUMBER: NUMBER OF PAGES: (Including this page) COMMENTS: FROM: P. O. Boa 18 Pittsburg, Ca i PRONE#51 9 FAX#510-439-4851 If these are problems with this transmittal, call 510.439-4850. THE DOCUMENT ATTARIS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. THIS INFORMATION MAY BE CONFIDENTIAL AND PROTECTED BY LAW FROM DISCLOSURE. PLEASE RETURN THE DOCUMENT TO THE'ABOVE ADDRESS IF THE RECIPIENT HAS RECEIVED IT IN ERROR. r,. rGD—CY-1771 iV B V I r RVI V 1 1 Vr r i JLR.J(tu N"o VT„iGlt I V 7VYG IJJJ r.C!C �' / VI BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In The Matter of: RESOLUTION NO. 46-8362 Approving an Agreement Among the ) City of Pittsburg, the Redevelopment ) Agency of the City of Pittsburg and ) the Contra Costa Fire Protection ) District to Fund a New lire Station in the City of Pittsburg ) WHEREAS, the City of Pittsburg, (the "City") desires to enter into an agreement which will I fund the construction of a new fire station at 801 West Leland Road in Pittsburg; WHEREAS, the City, the Redevelopment Agency of Pittsburg (the "Agency"). Contra Costa County Fire Protection District(the "CCCFPD") through the Contra Costa Board of Supervisors (the "County") have agreed to enter into this agreement; and WHEREAS, this agreement will allow the construction vf•a new fire station to commerce. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg finds and determines that adoption of this resolution approving the agreement is in the best interests of City residents and will benefit the public health, safety and welfare. The agreement is hereby approved, and the Mayor is authorized to execute the attached agreement'on behalf of the City. PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting held on the 4th day of November, 1996 by the following vote: AYES: Councilmembers Anzini, Glover, Lewis and Quesada NOES: Mayor Canciamilla ABSTAINED: None ABSENT: None Tam J CeF C ciamilla, Mayor ATTEST: AianPride, City Jerk rGLf �4 1T7( la•Cla rR{N'1 V L 1 T Ur r l l 1."I.Zxjmu ru 11WyuCrt u AGREEMENT BETWEEN THE CITY OF PITTSBURG, THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG AND z AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT FOR THE FUNDING OF A NEW FIRE STATION This Agreement is made and entered into effective on November 4: , 1496, by the City of Pittsburg (the "City"), the-Redevelopment Agency of the City of Pittsburg (the "Agency") and the Contra Costa County Fire Protection District (the "District") by and through the Contra Costa County Board of Supervisors (the District's Board of Directors) and is based upon the following. A. The City and Agency desire to enter into an agreement with the District whereby in exchange for certain actions and funding by the City and the Agency, the District wiV establish a new fire station to provide additional fire protection services for City residents in the Bailey Road/Leland Road Corridor area of Pittsburg. B. The parties desire to enter into an agreement which will provide a funding plan for a portion of the District's construction and operational costs. NOW, THEREFORE, the parties agree as follows: i y, M-ECT DESCRIPTTQN, A. The funding described in this Agreement will be used to construct and operate a new fire station known as Station No. 87.to be located at 801 West Leland Road in Pittsburg. The City owns the real property on which Station No, 87 will be built and agrees to deed the real property to the District, The District has hired the architects and tentative plans have been completed. Environmental and planning approvals have been obtained and construction is scheduled to begin in the mall of 1996 and be completed in approximately one year- B, The City and District desire to jointly exercise their powers for the purpose of constructing a fire station ("Station No. 87"). As specified in this Agreement, the construction of the fire station shall be financed by District and shall be administered by City. The completed fire station shall be owned and operated by District. Section,? PROJECTED CAPIIAL AND OPERATIONAL COTS_ FU( 12ING COMM1 MENTS. A. The District has estimated the capital costs for construction of Station No. 87 will be between $1,000,000 and $1,200,000. The District has indicated that the operational costs for Station No. 87 will be approximately $1,000,000 per year. 1 rtYi-�4-177 f lb 177 rrcta i l I I T u• r l i I ZDMjKu to- src i u i B. Under the City's Municipal Code chapter 15.92, the City is authorized to collect, on behalf of the District, a fire facilities protection fee ("fire facilities fee") prior to issuance of a building permit for new construction. The purpose of the fire facilities fee is to provide a method for financing fire protection facilities and services within City and District boundaries. The City and District have identified approximately $704,000 in available fire facilities funds (approximately $600,400 City, $104,000 unincorporated). The District and ! City agree that such funds shall be used for construction of Station No. 87. In addition, all fire faacffity fees collected on development in Pittsburg shall be used only for fire facilities in I Pittsburg. I C. After expenditure of the existing fire facility funds in the approximate amount of$700,004, a shortfall of approximately $340,004 to $500,000 in capital costs remains to complete the construction of Station No. 87, The District hereby acknowledges this shortfall and agrees to fund the entire remaining balance of such shortfall so that construction of Station No. 87 will be accomplished in the time anticipated herein. I D. The Agency agrees to contribute $3,300,000 over the next three years to the District for construction and operational expenses at Station No. 87 as follows: $400,000 in April 1997; $500,000 in April 1998; and $2,400,404 in April 1999, in accordance with the existing revenue sharing agreement between the Agency and Contra Costa County, as amended, ("Fiscal Agreement"). E. The City agrees to assist the District with reasonable fee waivers on Station #87, as determined by City. { Secti9L3. DIS RASQBE-SATIQNS, i A. The District acknowledges and agrees that the construction, costs, maintenance and staffing of Station No. 87 shall be the sole responsibility of the District, except for the City's role as the construction contract administrator and Lead Agency pursuant to CEQA, and that nothing in this Agreement shall be construed to impose any obligation on the City and/or Agency with respect to the construction funding, maintenance or staffing of Station No. 87 or to require that the Agency and/or City provide any additional funding for Station No. 87 beyond the funding described herein. B. Within thirty days of execution of this Agreement, the District agrees to provide a letter from the Contra Costa County Board of Supervisors, the District's governing body, that acknowledges that it is the District's and District Board's obligation to establish, fund and staff Station No. 87 and that the City and Agency have no obligation or responsibility to fund or staff Station No. 87 beyond that specified herein. C. The District understands and acknowledges that the funding described herein shall be used for construction and short term start up operational costs, and that the District 2 i i FEB-24-1997 1609 FROM CITY OF PITTSBURG MPAqGER TO 96461353 P.05 � shall seek to obtain long term funding for staffing andoperations of Station No. 87 by taking reasonable action such as: 1) Studying and proposing the advisability of a District wide fire assessment fee; 2) Considering a proposal for a regional fire fee for Eastern Contra Costa County; and 3) Such other actions necessary for the long term operation of Station No. 87. D. The District further agrees to advance, from its reserve fund, any and all additional funds above the facility fee accumulation of approximately $700,000, as necessary to ensure that construction of Station No. 87 is completed. E. Any fire facilities fees imposed on developers by District or cities be fairly i used and equitably distributed in accordance with the law. F. The District shall develop a fire tighter cadet program as a pilot project to serve the Bay Point and Pittsburg area. The District shall coordinate such a pilot project with the Pittsburg Unified School District, Mt. Diablo Unified School District and the County Probation Department. G. The District shall establish a fire fighter reserve program in the Pittsburg area subject to evaluation of efficiency and cost effectiveness of operations. Section 4. THE CITY'S AND AQENCY'S OBLIGATIONS. A. The City understands that capital costs for Station No. 87 will be partially funded through the fire facilities fee in an amount estimated at $700,000. B. The Agency agrees to fund the operational costs for Station No. 87 as long as the funds committed herein are available and in an amount not to exceed $3,300,000 as more j fully described in the Fiscal Agreement. C. The City shall act as the Lead Agency on the project at the request of the District and shall work with the District toward the end that construction is completed as expeditiously as possible. S n 5. TIMING The City and Agency are strongly committed to having Station No. 87 built and parties recognize the District's overall financial operational as expeditiously as possible. The 3 i t i FEB-24-1997 16:10 FROM C I TY OF F I TT5KJRG M Uk:R 1 u yb4bl-=5J 1,.14b t difficulties and will continue to meet and discuss ways to achieve additional long term funding for the District. .However, the District shall not delay construction of Station No. 87 and shall proceed to establish and staff the station in an expeditious manner. Section 6. i-MCEs Any notice given under this Agreement shall be in writing and considered given when personally delivered or deposited in the mail (Certified or registered) addressed to the parties as follows: The Q"/ adv_ Thr, District Jeffrey C. Kolin Chairperson City Manager Contra Costa County City of Pittsburg Board of Supervisors Post Office Box 1518 651 Pine Street Pittsburg, California 94565 Martinez, California 94553 i j Section INDEiM ITY. I A. The District agrees to defend, indemnify, and hold the City harmless from and against any and all liability, damages, costs, losses, claims or expenses arising out of or in any way related to District's performance under this Agreement. Except for wilful misconduct, in no event shall the City be responsible for any damagcs connected with the construction of Station No. 87, including without limitation liability for negligent supervision of construction, construction defects (either latent or patent), or cost overruns. The City is providing construction management services as an accommodation to the District, and by so Idoing is not assuming liability for any aspect of its service. B. The contract documents for the project-shall include provisions requiring the successful bidder to: (1) name the District, the City, their governing bodies, officers and employees as additional insureds on any required insurance certificates; and (2) promise to hold harmless and indemnify the District, the City, their governing bodies, officers and j employees. SQL WALVER.. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or;any other provision of this Agreement. i i I 4 I i FEB-24-1997 16=10 FROM CITY OF PITTSBURG MAGE" To 96461353 P.0? r . t Section 9, IMODIFICADON i E No waiver or modification of this Agreement is valid unless made in writing and signed by both parties. Section 10. SEVERABILITY In the event any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected. Section 11, ENME AG EMENT. jThis Agreement sets forth the entire understanding and agreement between the parties regarding the source of construction funds and operation of Station No. 87. Except that the parties understand that further agreement(s) will be necessary to define the particulars of construction details and payment schedules. S 'on 12. HEADINGS. Paragraph headings are used for reference purposes only and are in no way intended i to describe, interpret, define or limit the scope, extent or inient of this Agreement or any of its provisions. i Section 13. AJJQRNEY�,' FEES AND-COSTS. i I In the event of a dispute, arbitration or litigation with respect to any of the terms of this Agreement or a transaction contemplated by it, each party shall bear its own attorneys' fees and costs. Secfio 14, CROCE OF ;SAW. This Agreement is governed by and to be construed in accordance with the laws of the State of Cali =ia. j SeetiM 15, SIGNALTUR S. The following signatures attest the parties' agreement hereto. 1 5 FEB-24-199? 16:11 FROM CITY OF PITTSBLRG MANAGER TO 96461353 P.08 I i WHEREFORE, the parties have executed this Agreement as of the date first written above. i CITY OF Pn7SBURG Contra Costa County Fire Protection District I , i ciamilla Chair ay ATTEST: i j I 41i . Pride ty lerkk i REDEVELOPMENT AGENCY ciamilla, Chair t i I; ATTEST: I J ey lin, Secretary ffMBUJR\GENERAL\AFIRESTA.I)IS(C.NL.100) Ii f i I I II , 4 I 6 i FINAL DRAFT The copy to be executed will incorporate. the change$ as noted. Qr AGREEMENT BETWEEN THE CMY OF PITTSBURG, 'BUR THE RMEVEMPMENT AGENCY OF THE CITY OF PIT T£I G AND AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRIQ FOR THE FUNDING OF A NEW FIRE STATION This Agreement is made and entered into effective on 1996, by the City of Pittsburg (the "City ), the Redevelopment Agency of the City of Pittsburg (the "Agency") and the Contra Costa County Fire Protection District (the *District") by and through the Contra Costa County Board of Supervisors (the District's Board of Directors) and is based upon the following. A. The City and Agency desire to enter into an agreement with the District whereby in exchange for certain actions and funding by the City and the Agency, the District. will establish a new fire station to provide additional fire protection services for City residents in the Bailey Road/Leland Road Corridor area of Pittsburg. B. The parties desire to enter into an agreement which will provide a funding plan for a portion of the District's construction and operational costs. NOW, THEREFORE, the parties agree as follows: SemcfiaL 1. PROJEC'r MON. DESCRU A. The funding described in this Agreement will be used to construct and operate a new fire station known as Station No. 87 to be located at 801 West Leland Road in Pittsburg. The City owns the real property on which Station No. 87 will be built and agrees to deed the real property to the District. The District has hired the architects and tentative plans have been completed. Environmental and planning approvals have been obtained and construction is scheduled to begin in the Fall of 1996 and be completed in approximately one year. B. The City and District desire to jointly exercise their powers for the purp9se of constructing a fire station ("Station No. 87"), As specified in this Agreement, the construction of the fire station shall be financed by District and shall be administered by City. The completed fire station shall be owned and operated by District. Sects 2_ PRO„�;,,,_ED CAPITAL AND OPERATIONAL CASTS: FUNDING COMMITMENTS. A. The District has estimated the capital costs for construction of Station No. 87 will be between $1,000,000 and $1,200,000. The District has indicated that the operational costs for Station No. 87 will be approximately S 1,000,000 per year. . i j 13. Under the City's Municipal Code chapter 15.92, the City is authorized to collect, on behalf of the District, a fire facilities protection fee ("fire facilities fee") prior to issuance of a building permit for new constriction. The purpose of the fire facilities fee is to provide a method for financing fire protection facilit',es and services within City and District boundaries. The City and District have identified approximately $700,000 in available fire facilities funds (approximately $600,000 City, $100,000 unincorporated). The District and City agree that such finds shall be used for construction of Station No. 87. In addition, all fire facility fees Collected on development in Pittsburg shall be used only for fire facilities in Pittsburg. ' C. After expenditure of the existing fire facility funds in the approximate amount of$700,000, a shortfall of approximately $300,000 to $500,000 in capital costs remains to complete the construction of Station No. 87. The District hereby acknowledges this shortfall and agrees to fund the entire remaining balance of such shortfall so that construction of Station No. 87 will be accomplished in the time anticipated herein. D. The Agency agrees to contribute 53,300,000 over the next three years to the District for construction and operational expenses at Station No. 87 as follows, $400,000 in April 1997; $500,000 in April 1498; and $2,400,000 in April 1999, in accordance with the existing revenue sharing agreement between the Agency and Contra Costa County, as amended, ("Fiscal Agreement"). E. The City agrees to assist the District with reasonable fee waivers on Station #87, as determined by City. Section- DZS'T'1tICT'S UBLICAIJ-0-M. i A. The District acknowledges and agrees tha(con truction h cos rn in ance g g � ts, at tenand staffing of Station No. 87 shall be the sole responsiof the District, except for the City's role as the construction contract administrator and Lead Agency pursuant to CEQA, and that nothing in this Agreement shall be construed to impose any obligation on the City and/or Agency with respect to the construction funding, maintenance or staffing of Station No. 87 or to require that the Agency and/or City provide any additional funding for Station No. 87 beyond the funding described herein. B. Within thirty days of execution of this Agreement, the District agrees to provide a letter from the Contra Costa County Board of Supervisors, the District's governing body, that acknowledges that it is the District's and District Board's obligation to establish, fund and staff Station No. 87 and that the City and Agency have no obligation or responsibility to fund or staff Station No. 87 beyond that specified herein. C. The District understands and acknowledges that the funding described herein shall be used for construction and short term start up operational costs, and that the District 2 —D, shall seek to obtain long term funding for staffing and operations of Station No. 87 by taking reasonable action such as: 1) :;tudyu7g and proposing the advisability o;a District wide fire assessment fee; 2) Considering a proposal for a regional fire fee for Eastern Contra Costa County; and 3) Such other actions necessary for the tong term operation of Station No. 87. D. The District further agrees to advance, from its reserve fund, any and all additional funds above the facility fee accumulation of approximately $700,000, as necessary to ensure that construction of Station No. 87 is completed. E. Any fire facilities fees imposed on developers by District or cities be fairly used and equitably distributed in accordance with the law. F. The District shall develop a fire fighter cadet program as a pilot project to serve the Bay Point and Pittsburg area. The District shall coordinate such a pilot project with the Pittsburg Unified School District, Mt. Diablo Unified School District and the i County Probation Department. 1 G. The District shall establish a fire fighter reserve program in the Pittsburg area subject to evaluation of efficency and cost effectiveness of operations. I Sec io tom.. I MY'S_,AND AGENCY'S OBLIGATIONS. i A. The City understands that capital costs for Station No. 87 will be partially funded through the fire facilities fee in an amount estimated at $700,(X10. B. The Agency agrees to fund the operational costs for Station No. 87 as long as the funds committed herein are available and in an amount not to exceed $3,300,000 as more fully described in the Fiscal Agreement. C. The City shall act as the Lead Agency on the project at the request of the District and shall work with the District toward the end that construction is completed as expeditiously as possible. Sec�o5. The City and Agency are strongly committed to having Station No. 87 built and operational as expeditiously as possible. The parties recognize the District's overall financial 3 i i difficulties and will continue to meet and discuss ways to achieve additional long term funding for the District. However, the District shall not delay construction of Station No. 87 and shall proceed to establish and staff the station in an expeditious manner. Swhon 6. NOTICES. Any notice given under this Agreement shall be in writing and considered given when ' personally delivered or deposited in the mail (Certified or registered) addressed to the parties as follows: { The Ci Age_ncv The District Jeffrey C. Kolin Chairperson City Manager Contra Costa County City of Pittsburg Board of Supervisors Post Office Box 1518 651 Pine Strut Pittsburg, California 94555 Martinez, California 94553 1 Se«o� I Section D "Iv11IITY. A. The District agrees to defend, indemnify, and hold the City harmless from and against any and all liability, damages, costs, losses, claims or expenses arising out of or in any way related to District's performance under this Agreement. Except for wilful misconduct, in no event shall the City be responsible for any damages connected with the construction of Station No. 87, including without limitation liability for negligent supervision of construction, construction defects (either latent or patent), or cost overnms. The City is i providing construction management services as an accommodation to the District, and by so doing is not assuming liability for any aspect of its service. B. The contract documents for the project shall include provisions requiring the successful bidder to: (1) name the District, the City, their governing bodies, officers and employees as additional insureds on any required insurance certificates; and (2) promise to hold harmless and indemnify the District, the City, their governing bodies, officers and employees. S%jign 8. WArV„E.. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 4 i 4 i j t Suction 4. CODIFICATION. No waiver or modification of this Agreement is valid unless made in writing and signed by both parties. Section 10. ; ENIRABURY_ In the event any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected. Section 11. Ewa gGRBI;MENI'. { This Agreement sets forth the entire understanding and agreement between the regarding the source of construction funds and operation of Station No, 87��rtai mon 12. BAD NGS. Paragraph headings are used forreference purposes only and are in no way intended to describe, interpret, define or limit-the scope, extent or intent of this Agreement or any of its provisions_ Section .13 AMRNEYS'FEE.A_ND COSTS. In the event of a dispute, arbitration or litigation with respect to any of the terms of this Agreement or a transaction contemplated by it, each party shall bear its own attorneys' fees and costs. Section _14. CHOME„ QF LAW. This Agreement is governed by and to be construed in accordance with the laws of the State of California. i Section 15. SLONATURES. a . The following signatures attest the parties' agreement hereto. except that the parties understand that further agreement(s) will be necessary to define the particulars of construction details J / and payment schedules. 1 5 i 1 i WHEREFORE, the parties have executed this Agreement as of the date first written above. CITY OF PMSBURG Contra Costa County Fire Protection District I Joseph Canciamilla Chair Mayor ATTEST: Lillian J. Pride, City Clerk 1 REDEVELOPMENT AGENCY I Joseph Canciamilla, Chair ATTEST: Jeffrey C. Kolin, Secretary PrMBURXQENERAI,\AFIRMTA-DIS(C_M.100) I _ I i 1 I i i 6 i I i