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HomeMy WebLinkAboutRANCHO COMMUNITY COLLEGE 1 -1993AGREEMENT FOR THE JOINT USE AND MANAGEMENT OF THE FIRE TRAINING CENTE ~. ,~ RANCHO SANTIAGO COMMUNITY COI.;L-,~, E-DISTRICT and the CITY OF SANTA ANA This Agreement, made and entered into this¢2¢¢/' day of//,/~,~/w, 1993, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California (herein referred to as "CITY") and the RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, of the State of California (herein referred to as "DISTRICT"). WITNESSETH RECITALS: The CITY and the DISTRICT have determined and agreed that a Fire Technology Training Center would be mutually beneficial; and A fire training facility (herein referred to as the "TRAINING CENTER") is to be funded by the CITY and the DISTRICT and is to be constructed by the DISTRICT on CITY property consisting of approximately 6.7 acres of land located in the southwest corner of Centennial Park in the City of Santa Aha (herein referred to as the "THE PROPERTY"); which property is subject to federal grant restrictions; The State of California considers and funds only those capital outlay projects located on land owned by the DISTRICT or controlled via a long-term (50 years) non-revokable lease, thus the CITY shall provide at no cost to the DISTRICT, a 50-year non-revokable lease for the property, including reasonable pedestrian and vehicular access for a public right-of-way, if and when the Federal Government approves of such aforesaid lease; '4. The TRAINING will be used by the DISTRIC'~d the Fire Department of the CITY for student and personnel training to enable the CITY to provide a continued high level of fire protection to the citizens of their service areas; and to enable the DISTRICT to provide fire technology classes and training for students. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AB FOLLOWS: (1) The Agreement shall apply to those facilities directly associated with the TRAINING CENTER. (2) The Fire TRAINING CENTER will have an executive board consisting of the Dean of Human Services/Technology and Director of Fire Technology Department of the Rancho Santiago Community College District, the City of Santa Aha Fire Chief and the Deputy Fire Chief/Support Services, and the Chair of the Fire Technology Advisory Board. CITY and DISTRICT may each add one additional voting board member, at their option. The functions of the executive board will be to: review policies and procedures that manage and direct the functions and use of the Fire TRAINING CENTER; review an annual operating and capital budget for the center; decide on recommendations submitted by the TRAINING CENTER Coordinators. Policies and the annual operating and capital budgets will be submitted to the DISTRICT's Board of Trustees for approval. The executive board will meet at least once annually. (3) The CITY and the DISTRICT will each assign a coordinator to co-manage the Fire TRAINING CENTER. The duties and responsibilities of these coordinators shall be: to manage and direct day-to-day activities of the center; develop and maintain a schedule of activities and use of the facilities; insure that the center is used for its intended purpose; submit recommendations to the Executive Board regarding policies and procedures that manage and direct the functions and use of the Fire TRAINING CENTER; submit for review and comment an annual operating and capital budget to the Executive Board; and make recommendations to the Executive Board on other related matters. .(4) In matters of sch ~ the use of the Fire TRAININ~OENTER facilities, it is understood that first priority will be given to "Fire Technology" education and training provided to college students and active Firefighters of the CITY; second priority will be given to "Fire Technology" education and training programs offered to Firefighters inside the DISTRICT's service area; third priority will be given to "Fire Technology" education and training programs offered to Firefighters outside the DISTRICT's service area; fourth priority will be given to DISTRICT education and training of students and staff other than "Fire Technology." All other uses will be reviewed by the executive board. (5) The CITY Fire Department and the DISTRICT will be entitled to first priority use of the TRAINING CENTER. It is agreed that other fire agencies may be allowed to rent the facilities when the CITY Fire Department and the DISTRICT are not scheduled to use them. When other agencies utilize the facilities, they shall have on file a signed Hold Harmless Agreement and liability insurance that constitutes legal protection for the DISTRICT and CITY. (6) The DISTRICT will assume responsibility for the budgeted monies for the TRAINING CENTER costs, utilizing the following guidelines: Initial construction will be as follows: DISTRICT - to provide portable/relocatable educationa~ units, and to actively pursue State funding for the permanent facility in partnership with the CITY; CITY - to provide approximately 6.7 acres of land located in the southwest corner of Centennial Park; and to provide one million dollars ($1,000,000.00) towards a permanent site plan and improvements; and to design a temporary fire training/educational facilities; Capital expenditures such as buildings, major equipment, and major maintenance will be funded with mutual agreement by DISTRICT and CITY prior to the commitment of funds; Day-to-day operating items, such as paper goods, office supplies, and other materials Ill'equipment not included in the ~lgiinal outfitting of the TRAINING CENTER will be purchased separately by each agency; Utility, maintenance, custodiat costs and secretarial support will be shared by DISTRICT and CITY as agreed annually by the executive board; DISTRICT will determine costs to be charged to other agencies for non- apportionment courses and for exclusive use of TRAINING CENTER facilities. Revenue derived from these sources will be used to offset the costs shown as items 6b and 6d above; When using the TRAINING CENTER, parties to this agreement will not be charged overhead costs for courses scheduled. Direct costs of non- apportionment courses such as instructor salaries, books, materials, registration and certification expenses may be charged. CITY will assume all liability for injury to CITY personnel and damage to CITY equipment while said employee and/or equipment are at the TRAINING CENTER in a duty status. DISTRICT will assume all liability for injury to DISTRICT personnel and damage to DISTRICT equipment while said employee and/or equipment are at the TRAINING CENTER in a duty status. The DISTRICT shall maintain commercial liability insurance with a limit of at least one million dollars ($1,000,000.00) covering its personnel and property for personal injury and property damage and shall cause CITY to be named insured in such policies. Such insurance shalI cover all operations of DISTRICT, its agents, officers, employees, and volunteers in connection with the use of the TRAINING CENTER for instructional and training purposes for other than CITY personnel. The DISTRICT may self-insure for all or any part of the requirements of this paragraph. The CITY shall maintain commercial liability insurance with a limit of at least one million dollars ($1,000,000.00) covering its personnel and property for personal injury and property damage and shall cause DISTRICT to be named insured in such policies, insurance shall cover all opera~lls of CITY, its agents, officers, employees, and volunteers in connection with the use of the TRAINING CENTER for instructional and training purposes for other than DISTRICT personnel. The CITY may self-insure for all or any part of the requirements of this paragraph. 10. If entity using TRAINING CENTER violates set usage policy standards, costs to repair major damages (except normal wear) caused to TRAINING CENTER, water system, classrooms, fire simulator system, and other facilities directly associated with the TRAINING CENTER will be paid for by the entity causing the damage. 11. This Agreement to remain in force until terminated by either CITY or DISTRICT by giving one year (365 days) written notice of its intention to terminate the Agreement to the other party. Termination of this agreement by the CITY or DISTRICT will not relieve the CITY or DISTRICT of its obligation to repay its share of construction costs shown in paragraph (6a). In case of such termination of this agreement by either party; said terms and conditions of termination will be negotiated in good faith between both parties during the aforementioned notice period. 12. DISTRICT shall provide training and instruction to the personnel of the fire department of the CITY subject to the following conditions: a. The availability of qualified instructors; The ability of DISTRICT to grant academic credit and appropriate certificates, degrees, or other recognition of skills and accomplishments in conformity with state law and college academic standards. All personnel instructing in DISTRICT classes shall execute employment contracts with the DISTRICT; c. The DISTRICT budget shall not be exceeded. The parties undergird and agree that the terms and !ions of this Agreement are contingent on the appropriate federal agency agreeing to allow the CITY to enter a long-term lease of the property to the DISTRICT. Both parties shall diligently pursue the required federal authorization. 14. The parties understand and agree that any modification to the terms and conditions of this Agreement must be in writing and approved by the parties prior to the implementation of such modifications, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized as of the day and year first written above. DATED: RANCHO SANTIAGO COLLEGE Step6en~t~i~/ Vice-Ch a~cdtJX)r/Fiscal Services CITY OF SANTA ANA a Municipal Corporation "d / Mayor APPROVED AS TO FORM: City Attorney 3ahice C. Guy ~i~,i~eofCihGe ~o u n ci,