HomeMy WebLinkAboutMINUTES - 06122007 - C.104 TO: BOARD OF SUPERVISORS Contra
Costa
FROM: Warren Rupf, Sheriff-Coroner County
DATE: May 24, 2007
SUBJECT: Approve Community Warning System License
Agreement with Mt. Diablo Unified School District for placement of equipment at
Hidden Valley Elementary School, Martinez
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
APPROVE Community Warning System License Agreement with Mt. Diablo Unified
School District for placement of equipment at Hidden Valley Elementary School and
AUTHORIZE the Board Chair to execute the License on behalf of the County.
FISCAL IMPACT:
None.
BACKGROUND:
The Contra Costa CAER group is donating Community Warning System equipment for
placement at the Hidden Valley Elementary School in Martinez. This additional equipment
expands the coverage of the Community Warning System sirens. By this license
agreement, the Mt. Diablo Unified School District is allowing the placement of the
equipment at its Hidden Valley Elementary School campus. The County has executed
identical license agreements with other public agencies.
CONSEQUENCES OF NEGATIVE ACTION:
The equipment cannot be placed at the Hidden Valley Elementary School campus.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
+-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
.,,—APPROVE OTHER
r
SIGNATURES
ACTION OF B ON / �d APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
VTE �
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS.A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED.N THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
CONTACT: Sheriff's Office ATTESTED �-
Art Botterell, CWS Manager, 313-9603 JOHhrCULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY
cc: County Counsel ADMINISTRATOR
County Administrator
BY ,
DEPUTY
K:ISTAFFIbd order-com warning systernmpd
LICENSE AGREEMENT
(Mt. Diablo Unified School District and County)
1. PARTIES. Effective on the date signed by both parties hereto, this LICENSE
AGREEMENT is entered into by and between the MT. DIABLO UNIFIED
SCHOOL DISTRICT ("Licensor"), the owner of the real property located at 500 Glacier Drive,
Martinez, California, commonly known as Hidden Valley Elementary (the
"Property"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State
of California("County").
2. COMMUNITY WARNING SYSTEM EQUIPMENT.
A. County intends to accept or has accepted as a donation from the Contra
Costa CAER Group, Inc., a Community Warning System. The Community Warning
System includes certain equipment(such as sirens) located at various sites.
B. A portion of the equipment (the "Subject Equipment") is to be located on the
Property. The Subject Equipment is identified on EXHIBIT "A" attached hereto and
incorporated herein by this reference, and located in the area of the Property shown on
EXHIBIT "B" attached hereto and incorporated herein by this reference.
3. LICENSE. Licensor hereby grants to County (including its agents, employees
and contractors) a license and right to enter the Property, at County's discretion, for the
purposes of installing, inspecting, maintaining, repairing, replacing and removing the
Subject Equipment, including all necessary rights of access.
4. LIMITED RELEASE, INDEMNITY. Except to the extent caused by the
negligence or willful misconduct of Licensor, if a County employee or agent is injured or
killed, or County property or the property of a County employee or agent is damaged,
while at the Property pursuant to the rights granted hereunder, County shall release
Licensor, and shall indemnify, defend and hold Licensor harmless from and against any
and all liability to County or to County's employee or agent for such injury, death or
damage to County property or the property of a County employee or agent. County's
agreement to release, indemnify, defend and hold Licensor harmless from liability to the
County or a County employee or agent as set forth in this section shall not extend to the
portion of such damages, expenses or attorneys fees that are determined to have been
caused or contributed to by the negligence or willful misconduct of Licensor, its agents
or contractors. Licensor shall remain responsible for said damages, expenses and
attorney's fees in an amount proportionate to Licensor's negligence or willful misconduct
without contribution to that portion from the County.
5. TERM,TERMINATION. The term of this License Agreement shall be one
year, commencing on the effective date. Thereafter, this License Agreement shall be
automatically renewed annually, on a year-to-year basis. This License Agreement may
LICENSE AGREEMENT
Mt. Diablo Unified School District and County
Page 2
be terminated at any time by either party upon thirty days' prior written notice to the
other.
6. NOTICE. Notice hereunder shall be served personally or by certified mail,
return receipt requested, addressed as follows, and shall be effective upon delivery at
the indicated address:
Licensor: County:
District Superintendent County Administrator
Mt. Diablo Unified School District 651 Pine Street, 11"' Floor
1936 Carlotta Drive Martinez, CA 94553
Concord, CA 94519
The above information may be changed by either party by providing thirty days notice to
the other.
7. REMOVAL. County shall promptly remove the Subject Equipment upon
termination of this License Agreement. If this License Agreement is terminated and
County does not remove the Subject Equipment within ninety (90) days after the
termination date set forth in the termination notice, Licensor shall have the right to use,
abandon and/or dispose of the Subject Equipment without compensation to County.
8. ENTRY NOTICE. Except in an emergency, County shall provide Licensor at
least 24-hours' advance notice, which may be by telephone, at the address and
telephone number written above, before entering the Property.
9. UTILITIES. Licensor shall provide and pay for all utilities for the Subject
Equipment.
10. NO THIRD PARTY BENEFICIARIES. It is mutually recognized that the
Subject Equipment is intended to serve a public purpose; therefore, the County's
population and other persons and entities, may incidentally benefit from this License
Agreement. However, it is not the intention of either County or Licensor that such
persons or entities occupy the position of intended third-party beneficiaries of the
obligations assumed by either party to this License Agreement. This License
Agreement is by and between Licensor and County only, and is not intended to and
does not benefit or grant any rights to any other person or entity.
11. REMEDY. Except as provided in Section 4 (Limited Release and
Indemnity), the sole and exclusive remedy for any breach or default of this License
LICENSE AGREEMENT
Mt. Diablo Unified School District and County
Page 3
Agreement by either party shall be the termination of this License Agreement in
accordance with Section 5 (Term, Termination). Except as provided in Section 4
(Limited Release and Indemnity), under no circumstances is either party to receive or
be subject to damages, including, but not limited to, special, incidental or consequential
damages, or be entitled to or be subject to, any other remedy provided at law or equity
for the breach, whether negligent or intentional, of this License Agreement.
12. SUCCESSORS AND ASSIGNS. This License Agreement shall inure to the
benefit of and be fully binding upon each party and its respective successors and
assigns.
13. AMENDMENT. 'This License Agreement may not be changed, modified or
amended except in a writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement as of the date(s) indicated below.
MT. DIABLO UNIFIED COUNTY OF CONTRA COSTA
SCHOOL DISTRICT
By: r T-' LBY":
Date: Date:
Attest: Attest: Clerk of the Board of Supervisors
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Exhibit A: Location
Contra Costa County Community Warning System
Installation on the Hidden Valley School Roof
Cabinet and horns installed on the parapet wall.
Solar panel raised in an angle of 30 degrees along its short side, its top below the parapet wall.
Stand alone system:
• No power connection is required-it is solar powered.
• No telephone lines-wireless operation
Access required every 3 months for inspection.
Solar Panel
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Exhibit B
Equipment List
1) HA-400ENV, 40OW electronic siren cabinet, 1 unit
2) SP 147, 20OW horn, 2 units
3) 175WSP, Solar panel 175W, 1 unit
4) BATT-C, battery cabinet, 1 unit
5) Battery 100A1H, 2 unit
6) Installation hardware
Office of the County Counsel Contra Costa County
651 Pine Street, 9th.Floor Phone: (925) 335-1800
Martinez, CA 94553 Fax: (925) 646-1078
''CO.NFI�D.ENTI `
Date: May 24, 2007 :;.: .:r}:
To: Warren Rupf, Sheriff-Coroner
Attn:.Art Botterell, Community Warning System Manager
From: Silvano B. Marchesi, County. Counsel ��
By: Lillian T. Fujii, Deputy County Counsel
Re: License Agreement with Mt. Diablo Unified School District
The attached license agreement with Mt. Diablo Unifies School District is
approved as to form. Our office will approve the originals as to form if requested.
Pursuant to your request,.attached is a draft Board Order and Agenda Item
Request form to submit to the County Administrator's Office, for the Board's approval of
the license. agreement with the Mt.. Diablo Unified School District. Feel free to modify
the "Background" section of the Board Order, and add comments as you feel are
appropriate. If you feel that any statement in either document is incorrect, the
statement should be corrected.
In the past, the Board Chair signed the agreement. You. may continue to
have the Board Chair sign the agreement, or have the Board designate another County
official to do so.
Usually, the Lease Management Division of the General Services
Department, or the Real Property Division of the Public Works Department prepares
licenses for the County and presents the agreement to the Board for approval. The
Community Warning System was a special situation and the licenses were all prepared
by the County Counsel's Office. For this reason, the Sheriff's Office is submitting this
license agreement to the Board for approval.
Feel free to call is you have any questions or concerns.
Attach. Draft Board Order and Draft Agenda Item Request
LTF
H1CWSVnemo rex t.Diablo unllied.wpd
Mt Diablo Unified School District
o
a � Director, Maintenance,Operations and Facilities
's a` 1480 Gasoline Alley, Concord, CA 94520-4823
Telephone(925)825-7440 ext. 3800, Fax(925)682-4002
Gary McHenry
Superintendent
May 8, 2007
Efraim Petel
Hoomann America, Inc:
837 Arnold Drive, Suite 600
Martinez, CA 94553
Dear Effraim:
Attached please find one original and two copies of a District executed License Agreement
between Mt. Diablo Unified School District and Contra Costa County for the installation
and maintenance of community warning equipment at Hidden Valley Elementary (500
Glacier Drive, Martinez, CA). It would be appreciated if you would be so kind as to sign
and return the two copies of the License Agreement to me at your earliest convenience.
As stipulated in the Agreement, the County is formally extended a right to enter the subject
property. Please coordinate any and all installation, inspections and maintenance activities
with Ms. Lori O'Brien, Site Principal of the Hidden Valley Elementary School.
Additionally, please ensure that any and all entities entering the Hidden Valley Elementary
School campus demonstrate unqualified compliance with all provisions of California
Education Code, Sections 45125.1 —45125.2 regarding fingerprinting and pupil safety.
Should you have any questions or concerns with respect to this matter, please don't hesitate
to contact me. It's been a pleasure working with you on this project of mutual benefit to
our students and community.
Sincerely,
Pete Pedersen, Director
Maintenance, Operations and Facilities
PKP:v
Attachments
cc: Lori O'Brien
Dick Nicoll