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HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY CENTENNIAL PARK TRAINING CNTR - 2013INSURANCE NOT ON FILE O., ®?r? fC?he' Sc9 Un WORK MAY NOT PROCEED C? O S Ior ?'YO1?? N-2013-105 CLERK OF COUNCIL DATE: AUG •- 5 2013 MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY FIRE AUTHORITY FOR USE OF CITY OF SANTA ANA CENTENNIAL PARK TRAINING FACILITY 11 THIS MEMORANDUM OF UNDERSTANDING ("MOU"), made and entered into this day of yly, 2013 by and between the ORANGE COUNTY FIRE AUTHORITY ("OCFA"), a joint powers a hority, (hereinafter "OCFA") and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The OCFA desires to use the City's Centennial Park Training Center for various fire training exercises including those that would utilize a flashover container (as more specifically addressed below). hi preparation for those training exercises, OCFA would be allowed to place a flashover container at the Centennial Park Training Facility in a location to be approved by the Chief of Police or his designee; and B. City desires to allow OCFA to use the Centennial Park Training Center as part of enhancing joint operational readiness training of Santa Ana Police Department ("SAPD") and OCFA while building relationships with other agencies in the County of Orange as part of this effort; NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. TRAINING USE A. OCFA will be allowed to place at the City's Centennial Park Training Center a flashover container as described in Exhibit "A" incorporated by reference herein in a location approved by the Chief of Police or his designee. B. OCFA agrees to provide a quarterly training calendar to SAPD fifteen (15) days before the start of the quarter. The quarterly training calendar will specify the type of training and the hours in which the training will be conducted for pre-approval by the Chief of Police or his designee. C. OCFA acknowledges that the City may contract with other agencies to allow other agencies to utilize the facility for training or other activities at the City's sole discretion. TERM This MOU shall commence on the date first written above and continue indefinitely unless terminated earlier in accordance with Section 12, below. 3. INDEPENDENT CONTRACTOR City and OCFA agree that, during the entire term of this MOU, each entity and their respective employees, agents, or volunteers shall be construed to be an independent contractor and not an employee of the other entity. This MOU is not intended nor shall it be construed to create an employer-employee 942149.1 relationship, a joint venture relationship, or to allow the City and/or OCFA to exercise discretion or control over the professional manner in which either entity performs their respective services which are the subject matter of this MOU; however, the services to be provided by each entity under this MOU shall be provided in a manner consistent with all applicable standards and regulations governing such services. Each entity shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its respective employees and shall be responsible for all applicable withholding taxes. 4. INSURANCE OCFA represents that it is self-insured for up to at least one (1) million dollars for general liability (including property damage and bodily injury) as well as worker's compensation claims. OCFA agrees to provide the City with a letter setting forth their self-insured retention limits and any additional excess insurance coverage prior to the start of services under this MOU. 5. INDEMNIFICATION OCFA agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations of the OCFA or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1A and 1B of this MOU; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due to the services described in section IA and 1B of this MOU. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. OCFA further agrees to indemnify, hold harmless, and pay all costs for the defense of City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this MOU, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights covered by this Section 5. The City may make all reasonable decisions with respect to its representation in any legal proceeding. 6. CONFIDENTIALITY If OCFA and/or City receives from each other information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the entities agrees that they shall not use or disclose such information except in the performance of this MOU, and further agrees to exercise the same degree of care it uses to protect their respective information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of either party disclosed in a publicly available source; (c) is in rightful possession of the Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law, including, but not limited to the Public Records Act; or (e) is independently developed without reference to information disclosed by the City. 942149.1 NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this MOU shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: and Police Department City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax 714-245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Orange County Fire Authority: and Fire Chief Orange County Fire Authority I Fire Authority Road Irvine, California 92682 Fax 714-368-8800 David Kendig, OCFA general Counsel Woodruff, Spradlin & Smart, APC 555 Anton Blvd. Suite 1200 Costa Mesa, CA 92626 Fax: (714) 415-1183 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication 942149.1 shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This MOU represents the complete and exclusive statement between the City and OCFA, and supersedes any and all other agreements, oral or written, between the parties regarding use of a flashover container at the Centennial Park Training Facility. In the event of a conflict between the terms of this MOU and any attachments hereto, the terms of this MOU shall prevail. This MOU may not be modified except by written instrument signed by the City and by an authorized representative of OCFA. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate neither OCFA nor the City. Each party to this MOU acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 9. ASSIGNMENT Neither party may assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the other party and any such assignment, transfer, delegation or subcontract without the other party's prior written consent shall be considered null and void. This MOU does not create an exclusive right to training by OCFA at the City's Centennial Park Training Facility. 10. COMPLIANCE WITH LAWS OCFA shall cause all of its activities under this MOU and all activities at the Centennial Park Training Facility to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits including but not limited to all environmental laws such as AQMD and CWA rules and regulations. 11. DAMAGE A. In the event that OCFA damages any portion of the Centennial Park Training Facility or the improvements or equipment therein, OCFA shall immediately repair the damage. Alternatively, the City may, at its election, repair the damage in which case OCFA shall reimburse the City for its reasonable cost within fifteen (15) days of receipt of written demand from City. B. In the event the MOU is terminated by either party, OCFA will remove the flashover container from the Centennial Park Training Facility not more than thirty (30) days from the date of termination. OCFA will accept responsibility for all clean-up associated with the flashover container including but not limited to any need for soil or ground water clean-up. 12. TERMINATION This Agreement may be terminated by either party without cause upon thirty (30) days written notice of termination. 942149.1 13. DISCRIMINATION OCFA shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. OCFA affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This MOU has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this MOU shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this MOU. 15. PROFESSIONAL LICENSES OCFA shall, throughout the term of this MOU, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies as it relates to the operation of the flashover container and as necessary for training purposes. OCFA shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this MOU. 16. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this MOU. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this MOU. IN WITNESS WHEREOF, the parties hereto have executed this MOU the date and year first above written. ATTEST: CITY QV SA'N PAP. ANA MARIA D. HUI7 K O' RICE Clerk of the Council hiterim City Manager 942149.1 ORANGE COUNTY FIRE AUTHORITY Keith Richter Fire Chief APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney q n By: Cu.P a A, k&o"Lx" Laura A. Rossini Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Acting Chief of Police ORANGE COUNTY FIRE AUTHORITY By(",,?e2??Vbe? David Kendig General Counsel 942149.1 EXHIBIT A 942149,1 ORANGE COUNTY FIRE AUTHORITY P.O. Box 57115. Irvine, CA 92619-7115 • 1 Fire Authority Road Irvine CA 92602 Keith Richter, Fire Chief (714) 573-6000 www.ocfa.org March 18, 2013 Carlos Rojas, Interim Chief of Police Santa Ana Police Department 60 Civic Center Plaza Santa Ana, California 92701 Dear Chief Rojas: Subject: Facility Use Request for Flashover Simulator Training Exercises I am writing to you to explore the potential use of the Centennial Park Joint Police Training Facility by the OCFA for the purpose of personnel training, which would include the permanent installation of a flashover simulator. The location of the Santa Ana training facility would provide centralized live fire training for all OCFA regional resources. Additionally, with your approval and support, installation and training could begin within four to six months. The OCFA Training Division intends to purchase a Draeger Swede Survival Training System Flashover Container (see enclosed photo), which in essence is a conex box that simulates live fire training scenarios using Class A combustibles (wood). The dimensions of the unit are 30' long, 8%2' wide by 11'/2' high, and it weighs approximately 15,000 pounds. The simulator is essentially a laboratory, where fire behavior can be observed three feet below the fire floor. This training tool has proven to be invaluable for new recruits as well as seasoned veterans. We would like to work closely with our new member agency, the City of Santa Ana, and are requesting permission to locate this container at the Centennial Park Joint Police Training Facility. We are suggesting the proposed unit be installed on the east side of the property, on an existing concrete pad. It is anticipated that each training session will last approximately 10-15 minutes with minimal smoke production while burning a very small amount of ordinary combustibles (wood). The container does not require any type of drainage system, and the existing on-site fire hydrant will be utilized, Serving the Cities of., Aliso Viejo • Buena Parlc • Cypress -Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma Los Alamitos • Mission Viejo • Placentia • Rancho Santa Margarita Ban Clemente • San Juan Capistrano, Santa Ana # Seal Beach • Stanton -Tustin, Villa Park Westminster • Yorba Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES Carlos Rojas, Interim Chief of Police March 18, 2013 Page 2 The OCFA will work closely with the Santa Ana Police Foundation to schedule training dates and times so as to not impact the normal operations currently utilized at the facility. The OCFA will also take into consideration the time of day and wind and weather conditions before each scheduled burn exercise in consideration of the school and businesses in close proximity to the training site. The OCFA will also conduct a Smoke Dispersion Analysis to verify potential direction of the smoke's path in the immediate area. The OCFA will adhere to all AQMD rules and regulations. We appreciate the opportunity to partner with the City of Santa Ana, Santa Ana Police Department, and the Santa Ana Police Foundation in the accommodation of our facility use request. We appreciate your consideration and look forward to a collaborative partnership for many years to come. Please feel free to contact me at (714) 573-6010 if you have any questions. Respectfully, Keith Richter Fire Chief Enclosure: Photo of Draeger Swede Survival Training System Flashover Container Draeger Swede Survival Training System Flashover Container 30' long, 8 '/2' wide, 11 %' high Weighs approximately 15,000 pounds