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INSURANCE NOT ON FILE O., ®?r? fC?he' Sc9 Un <br />WORK MAY NOT PROCEED C? O S Ior ?'YO1?? N-2013-105 <br />CLERK OF COUNCIL <br />DATE: AUG •- 5 2013 <br />MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY FIRE AUTHORITY FOR <br />USE OF CITY OF SANTA ANA CENTENNIAL PARK TRAINING FACILITY <br />11 THIS MEMORANDUM OF UNDERSTANDING ("MOU"), made and entered into this day <br />of yly, 2013 by and between the ORANGE COUNTY FIRE AUTHORITY ("OCFA"), a joint powers <br />a hority, (hereinafter "OCFA") and the CITY OF SANTA ANA, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City"). <br />RECITALS <br />A. The OCFA desires to use the City's Centennial Park Training Center for various fire training <br />exercises including those that would utilize a flashover container (as more specifically addressed <br />below). hi preparation for those training exercises, OCFA would be allowed to place a flashover <br />container at the Centennial Park Training Facility in a location to be approved by the Chief of <br />Police or his designee; and <br />B. City desires to allow OCFA to use the Centennial Park Training Center as part of enhancing joint <br />operational readiness training of Santa Ana Police Department ("SAPD") and OCFA while <br />building relationships with other agencies in the County of Orange as part of this effort; <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. TRAINING USE <br />A. OCFA will be allowed to place at the City's Centennial Park Training Center a flashover <br />container as described in Exhibit "A" incorporated by reference herein in a location <br />approved by the Chief of Police or his designee. <br />B. OCFA agrees to provide a quarterly training calendar to SAPD fifteen (15) days before the <br />start of the quarter. The quarterly training calendar will specify the type of training and the <br />hours in which the training will be conducted for pre-approval by the Chief of Police or his <br />designee. <br />C. OCFA acknowledges that the City may contract with other agencies to allow other agencies <br />to utilize the facility for training or other activities at the City's sole discretion. <br />TERM <br />This MOU shall commence on the date first written above and continue indefinitely unless <br />terminated earlier in accordance with Section 12, below. <br />3. INDEPENDENT CONTRACTOR <br />City and OCFA agree that, during the entire term of this MOU, each entity and their respective <br />employees, agents, or volunteers shall be construed to be an independent contractor and not an employee <br />of the other entity. This MOU is not intended nor shall it be construed to create an employer-employee <br />942149.1