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Home My WebLink AboutReso 158-09 Fire Station 16 Pking SpRESOLUTION NO. 158 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING STAFF TO EXECUTE A LEASE AGREEMENT WITH AMERICAN MEDICAL RESPONSE WEST, INC. FOR THE USE OF PARKING SPACES AT FIRE STATION 16 AT 7494 DONOHUE DRIVE WHEREAS, the City of Dublin and American Medical Response West, Inc., wish to enter into a one year renewable Lease so that American Medical Response West, Inc., the County-contracted emergency ambulance service, may park and store three ambulances at Fire Station No. 16, located at 7494 Donohue Drive, Dublin, CA 94568; and WHEREAS, the City of Dublin does hereby agree to lease nine (9) parking spaces to park and store the ambulances, as well as parking for on-coming and off-going AMR staff, at Fire Station No. 16; and WHEREAS, the City of Dublin has the final determination as to the location of all parking spaces. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE that the City Manager is authorized to execute the lease agreement with American Medical Response West, Inc. (lease attached hereto as Exhibit A) as described to the City Council on November 3, 2009. PASSED, APPROVED AND ADOPTED this 3rd day of November, 2009, by the following vote: AYES: Councilmembers Biddle, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmembers Hart, and Hildenbrand ABSTAIN: None ~ / , Mayor ATTEST: C~~ ~` ~ ~ City Clerk Reso No. 158-09', Adopted 11-3-09; Item 4.Z Page 1 bf '~ a ~- 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94550 LEASE THIS LEASE is made and entered into this day November 3, 2009 by and between the CITY OF DUBLIN, a municipal corporation ("Lessor") and AMERICAN MEDICAL RESPONSE WEST, INC., a California corporation ("Lessee"). RECITALS Lessor and Lessee wish to enter into a one year renewable Lease so that Lessee, the County- contracted emergency ambulance service, may Bark and store three ambulances and provide parking spaces for the use of on-coming and off-going staff at Fire Station No. 16, located at 7494 Donohue Drive, Dublin, CA 94568. Now, therefore, the parties agree as follows: Pro e Lessor does herby agree to lease to Lessee, and Lessee does hereby agree to lease from Lessor, nine (9) parking spaces to park and store the ambulances at Fire Station No. 16, located at 7494 Donohue Drive, Dublin, CA 94568, hereinafter referred to as "said property." 2. Scope of Use: Lessor and or designated party/person shall make parking spaces available to the Lessee for the purpose of parking 3 ambulances for use in response to medical calls. In addition, Lessor shall make available to Lessee 6 additional parking spaces for the use of on-coming and off-going staff. The Lessor has the final determination as to the location of all parking spaces (see Exhibit A). This Agreement shall not be construed to impose on Lessor a heightened duty of care to Lessee, Lessee's staff or any vehicles located on said property as a result of this agreement. Lessee hereby assumes the risk of any damage or injury arising from the use of said property by Lessee and Lessee's staff pursuant to this agreement. Lessee understands that there is to be minimal disruption to station and fire department activities and that the scope of this Lease does not include the use of any fire station facilities (i.e. kitchen, rest rooms, day room, exercise facility, etc.) not specifically identified in the Lease. In addition, on-coming and off-going activities will be done as quickly as possible with no disruption to the operation of the fire department. In the event the Lessor, or the Lessor's representative, needs Lessee to move any of Lessee's ambulances or other vehicles parked in the parking spaces, Lessor or Lessor's representative shall inform Lessee, and Lessee shall arrange to have the vehicle or vehicles moved within two (2} hours of the request. 1 Exhibit A to Attachment 1 3 ~f-5 Term: This lease shall be for a term of one year, cortunencing on November 4, 2009. This agreement will automatically renew each year on the 1st day of October, unless terminated in writing 30 calendar days prior to renewal date. Either party, at any time, may terminate this Agreement with thirty (30) days notice by mailing a notice in writing to Lessor or Lessee that the Agreement is terminated. Said Agreement shall then be deemed terminated thirty (30) days after provision of the notice, and Lessee shall move out all Lessee-owned equipment and furnishings. 4. Rental Amount: For and during the teen of this Lease, Lessee shall pay to Lessor as rent for the leased premises a monthly rental fee of one dollar ($1.00). Lessee is hereby authorized and du-ected to pay the rental herein provided to Lessor at 100 Civic Plaza, Dublin, CA 94568, and to accept receipt therefore. Improvements: Lessor shall not be called upon to make any improvements, repairs, replacements, or additions in or upon said property. Lessee agrees at its own cost and expense to keep said premises in good order, condition, and repair, and subject to prior written approval by Lessor, may make all necessary repairs as Lessee shall deem necessary to its use and occupancy of said parking spaces, all at its own cost and expense. Lessee specifically waives the right to make repairs at the expense of the Lessor as provided in Civil Code section 1942. Maintenance: Lessee agrees to abide by the maintenance policies and procedures of the Lessor. Lessee agrees to keep said premises in a clean and tidy condition at all times during its occupancy thereof, and upon surrender, to quit said premises in as good a state and condition as reasonable use and wear thereof will permit, damage by the elements excepted. 7. Inspections: Lessor shall have the right at any time to inspect said property, and all portions thereof, for the purpose of ascertaining whether the provisions of the Lease are being complied with by Lessee, or for any purpose whatsoever, which said Lessee may deem incidental to their interest in said property. 8. Compliance: The parties will comply in all material respects with all applicable federal aa~d state laws and regulations including, the federal Anti-kickback statute. Compliance Program and Code of Conduct: Lessee has made available to each party a copy of its Code of Conduct, Anti- kickbaclc policies and other compliance policies, as may be changed from time-to- time, at Lessee's web site, located at: www.amr.net, and each party acknowledges receipt of such documents. Lessee warrants that its personnel shall comply with Lessee's compliance policies, including training related to the Anti-kickback Statute. 10. Non-Exclusion: o- ~~ S•a.-sxa~e!.rc: -mx~ra-au~:r,+r!:~-ressrc--ax.: gar. xer_--.:•s~tn~am-nr.~nm~^a-sr~-<er~-e_ .xrsyiax+...._nrn~ .. , 2 ~I ~- s To the extent applicable, each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). To the extent applicable, each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder. 11. Referrals: It is not the intent of either party that any remuneration, benefit or privilege provided for under the Agreement shall influence or in any way be based on the referral or recominended referral by either party of patients to the other party or its affiliated providers, if airy, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. 12. Indemnity: Lessee shall defend, indemnify and hold Lessor and its elected and appointed officials, officers, employees, and agents haamless from and against all liability, claims and costs resulting from or alleged to result from Lessee's use of this property pursuant to this Agreement. In the event of any such claim, Lessor- shall provide notice to Lessee as soon as reasonably possible. In witness whereof, the parties have hereto executed this Agreement. America By: City of Dublin BY= Joni Pattillo, City Manager Approved as to form:. City Attorney 13a~~~ 3 ,~y ~ ~ ,l .t L~ ~~ vM {~ ~~ .. _- -- s ~: -~, i ~ M~-R ! ~-~ --~ F f .. ~Y~1~E11+ S +w A~~ ~ wwww