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Home My WebLink AboutMINUTES - 03012005 - C19 TO: BOARD OF SUPERVISORS Contra ht Ri Keith B f K i Fire Chief Richter FROM: Costa Contra Costa County Fire Protection DistrictCounty o=• -..,�: - .. . yy�.� '4 DATE: March 1 2005 SUBJECT: Delegation of Authority to Fire Chief to Execute License Agreements Authorizing Use of Property And Structures for Fire Training Purposes SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Fire Chief of the Contra Costa County Fire Protection District, on behalf of the Board of Supervisors, to execute, modify, or cancel license agreements (form attached) with property owners who have offered the Fire District the use of their property and structures for fire suppression and safety training purposes, without charge to the District. FINANCIAL IMPACT. Authorizing the Fire Chief to sign, modify, or cancel these agreements on behalf of the Board allows for reduction in the time and cost of processing these agreements. The use under each agreement will be without charge to the District. BACKGROUND/REASONS FOR RECOMMENDATION.- The ECOMMENDATION:The Fire District frequently receives offers from individuals and entities who are willing to give the District permission to enter and use their property and structures for fire suppression and safety training purposes before they demolish their structures. The structures are generally single-family dwellings or small commercial buildings. The Fire District conducts dynamic access,'suppression, evacuation, and other training exercises in and near these structures to maintain and improve employee emergency response knowledge and skills. Property owners often make their offers to the District only a short time before demolition is scheduled to occur. There is often not sufficient time for the District to receive authorization from the Board of Supervisors to enter into an individual agreement with a property owner before a scheduled demolition occurs. License agreements authorize the use of property for a periodic, occasional, or short-term purpose. They do not transfer any property rights to the licensee. The attached license agreement grants the Fire District an exclusive license to enter and use property (including vacant property for wildland CONTINUED ON ATTACHMENT: YES SIGNATURE: " RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .APPROVE OTHER SIGNATURES: ACTION OF Bt7ON MARCH OZ 2005 APPROVED AS RECOMMENDED XX.._.._ OTHER VOTE OF SUPERVISORS XX NONE 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 MARCH Ol, 2005 Contact: Ron Guelden 941-3556 JOHN SWEETEN,CLERK OF THE BOARD OF CC: County Administrator/Rich Seithel SUPERVISORS AND COUNTY ADMINISTRATOR C.C.C. Fire Protection District County Counsel Risk Management BY ,DEPUTY firefighting exercises) and specified structures on the property for training purposes. Each license will last for a specified term, usually no more than three days, which is negotiated between the Fire District and property owner. The license agreement gives the Fire District the right to damage, tear down, and destroy structures, including the right to break windows, damage and remove roof paneling, and damage and remove walls. The Fire District may or may not have the right to set fire to and burn vegetation and/or structures. This is negotiated between the Fire District and property owner. Section 4 of the license agreement is a release and indemnity clause that requires the Fire District to indemnify a property owner from liability that is directly caused by the Fire District's negligent use of property and structures during the term of a license. CONSEQUENCE OF NEGATIVE ACTION: If this request for the Fire Chief to execute license agreements is not approved, the Fire District will continue to miss opportunities to provide Fire District personnel with useful training exercises. Attachment U:\SRMGRS\KR\BOARDORDERAUTHORITYTOCHIEFTRAININGBURNS502.DOC s LICENSE AGREEMENT FOR USE OF PROPERTY This License Agreement is made and entered into as of , by and between ("Licensor")and the Contra Costa County Fire Protection District("District"). RECITALS A. Licensor owns certain property("Property") located at: (Street Address) (City, State) (Assessors Parcel Number) B. The Property includes structures("Structures"). The Structures are described as follows: C. The District wishes to use the Property and Structures for fire suppression and safety training purposes before Licensor removes the Structures from the Property. NOW,THEREFORE, in consideration of the mutual promises and undertakings set forth in this License Agreement,Licensor and District agree as follows: 1. Grant of License. Licensor grants to Districtan exclusive license to enter and use the Property and the Structures for fire suppression and safety training purposes. This license may be terminated at any time by Licensor or District upon three days written notice. District shall acquire no interest or estate in the Property under this license. 2. Term.of License. The term of this license begins on and expires on . District shall have the right to use the Property and the Structures between the hours of and each day. 3. Use of Property and Structures. District shall have the right to damage,tear down and destroy the Structures, including the right to break windows, damage and remove roof paneling, and damage and remove walls. District's right to damage, tear down and destroy the Structures shall/shall not (cross out inapplicable language) include the right to set fire to and burn the Structures. District shall have the right to run hoses throughout the Property and spray water and other fire suppression substances on the Property and Structures. District shall not be responsible for cleaning or removing any rubbish, ash, soot, glass, former parts of the Structures, or any other substance, object, or material left on the Property upon the termination Page 1 of 2 0?LQ) of this license. District's right to damage,tear down and destroy the Structures does not include the right to salvage or remove any building materials from the Property. District shall have the right but not the obligation to preclude all others,including Licensor, from entering the Property during District's term of use. 4. Release and Indemnity. a. Licensor shall not be liable for any loss, damage,injury or death to the Property or the Structures,or to any District officers, employees, or agents, directly caused by District's negligent use of the Property and the Structures during the term of this license. District shall indemnify,protect and hold harmless Licensor from all claims, costs and liability for any loss, damage, injury or death to the Property or the Structures,, or to any District officers, employees, or agents, directly caused by District's negligent use of the Property and the Structures during the term of this license. b. District shall not be liable for any loss, damage, injury or death to any persons or property occurring after the term of this license has ended. Licensor shall indemnify, protect and hold han-nless District from all claims, costs and liability for any loss, damage, injury or death to any persons or property occurring after the term of this license has ended. 5. Assignment. District shall not assign District's rights under this License Agreement. 6. Entire Agreement. This License Agreement contains the entire agreement between the parties and all prior understandings or agreements, oral or written,regarding this matter are superseded. This License Agreement shall not be modified except by written mutual agreement signed by the parties. LICENSOR DISTRICT By: By; Page 2 of 2