HomeMy WebLinkAboutC-4165 - Use of Newport Beach Fire Department Station 7 Training FacilityAGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
COAST COMMUNITY COLLEGE DISTRICT
FOR USE OF NEWPORT BEACH FIRE DEPARTMENT
STATION NO. 7 TRAINING FACILITY
This Agreement is made and entered into this }r day of I1Dir%kt 2009, by and
between THE COAST COMMUNITY COLLEGE DISTRICT, a public educational
agency for Orange Coast College (hereinafter referred to as "OCC") and the CITY OF
NEWPORT BEACH, a Municipal Corporation and Charter City (hereinafter referred to
as "CITY") for use of the Newport Beach Fire Department Station No. 7 Training Facility
(hereinafter referred to as "Agreement").
RECITALS
A. City has constructed and operates a fire fighter training facility located on its
property located at 20401 Acacia Street, Santa Ana Heights Station, Newport
Beach, California, (hereinafter referred to as "the Facility"); and
B. City has a full-time employee responsible for management and operation of the
Facility (hereinafter referred to as the "Training Chief'); and
C. City has promulgated certain rules and regulations concerning safety, hours of
operation and use of the Facility; and
D. OCC desires to enter into an Agreement with City permitting OCC to use the
Facility as part of the OCC Professional Mariner Program ("Program").
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. CITY agrees to allow those persons enrolled in the Program and Program
instructors to use the Facility as specified in this Agreement (hereinafter,
"Authorized Users").
2. OCC agrees to provide Newport with an authorization list (hereinafter referred to
as "List") of all Authorized Users. Only those instructors of the Program and
those persons currently enrolled in the Program and specified on the List may
use the Facility. Additions to or deletions from the List shall be provided to the
City within three (3) business days. OCC shall take all reasonable measures to
assure that only those persons specified on the List shall be permitted to use the
Facility. The List is for informational purposes only and City shall have no
obligation to screen or to otherwise evaluate the qualifications of those persons
authorized to use the Facility. Any and all screening procedures to qualify those
who use the Facility shall be the sole responsibility of OCC.
3. All Authorized Users shall: (a) execute a waiver and release in a form
satisfactory to the City Attorney prior to being allowed to use the Facility; (b)
strictly comply with the Rules and Regulations for Use of the Facility, as attached
hereto as Exhibit "A" and the Newport Beach Fire Department Training Facility
Safety Policy attached hereto as Exhibit "B" (including any amendments to
Exhibits "A" or "B"); and (c) any safety order or directive of the Training Chief.
City shall supply OCC with a copy of all rules, regulations and amendments.
4. The Training Chief may close the Facility at anytime for any purpose. The
Training Chief may exclude any person from using the Facility for violating any
rules and regulations relating to safety or if there are any other safety concerns.
City reserves the exclusive right to determine the Facility's hours of operation.
OCC, may, upon prior approval of the Training Chief, use the Facility when the
Facility is not being used by City or another agency authorized to use the Facility.
5. City shall supply personal protective equipment ("PPE") at no cost to the users.
6. To the fullest extent permitted by law, OCC shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), to
the extent that they arise from the Agreement, the Authorized Users use of the
Facility, and/or the Authorized Users presence and/or activities at the facility
(including, but not limited to, the negligent and/or willful acts, errors and/or
omissions of OCC or the Authorized Users).
Notwithstanding the foregoing, nothing herein shall be construed to require OCC to
indemnify the Indemnified Parties from any Claim arising from the sole negligence
or willful misconduct of the Indemnified Parties. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be
provided by OCC.
7. OCC agrees and represents that the Authorized Users are in no way employees
of the City.
8. Either party may terminate this Agreement at anytime, without cause upon three
(3) business days prior written notice.
2
EXHIBIT "A"
RULES AND REGULATIONS
FOR USE OF THE FACILITY BY
ORANGE COAST COLLEGE
1. RULES AND REGULATIONS:
A. The Training Chief will submit a monthly schedule to OCC with dates and
times for training facility qualification. All OCC personnel shall qualify
according to the monthly schedule.
B. All OCC personnel and students shall park on Acacia Street. The
Newport Beach Fire Station No. 7 is located at 20401 Acacia Street,
Newport Beach, California. All OCC personnel and students shall enter
through the southside door for Training Classroom check in.
C. All OCC personnel and students must wear a visible I.D. card at all times
while in the Facility.
2. THE FACILITY OPERATION CONDITIONS:
A. The Training Chief or his designee will be present during operation and
will have ultimate Facility authority over all users.
B. The Training Chief will provide remediation of problems as needed if
desired, and as time permits.
C. The City will supply all personal protective equipment ("PPE") used on the
Facility.
3. OCC POLICIES:
All OCC students and personnel shall comply with all applicable provisions of
Newport Beach Fire Department Safety Policy attached hereto as Exhibit "B" and
all subsequent instructions provided during the classroom instruction.
4
EXHIBIT "B"
NEWPORT BEACH FIRE DEPARTMENT
TRAINING FACILITY SAFETY POLICY
1. PURPOSE:
A. To provide a high level of safety and protection for all users of the Facility.
B. To enhance the learning experience while providing a safe environment.
2. FACILITY:
The Training Chief shall have the sole authority on the Facility and is responsible
for its management and operation.
All persons entering the Facility shall follow the directions of the Training Chief or
his designee and shall adhere to the posted rules and regulations at all times.
The Fire Station is strictly off-limits to unauthorized personnel for security and
safety purposes.
The Facility is for the use of Newport Beach Fire Fighters and other persons as
approved by the Training Chief or Fire Chief for Newport Beach. The Facility will
only be used under the supervision of the Training Chief, or another qualified
instructor as approved by the Training Chief
No unsafe practices will be tolerated. All activities shall be in support of the
instructional mission.
All authorized personnel and students entering the Facility shall immediately
report to the Training Chief, or his designee.
All authorized personnel and students shall adhere to at all times, the following
procedures:
A. Sign in.
C. Receive instructions from the Training Chief, or designee and complete
the course as directed.
3. EQUIPMENT GUIDELINES:
5
A. All personnel and students shall immediately advise the Training Chief, or
designee, of any pre-existing injuries or medical conditions which may
affect his/her ability to safely participate in firefighting training.
B. Any intentional violation of safety guidelines, gross display of improper
Facility procedures of, or lack of sound judgment by personnel or
students, which in the Training Chiefs opinion places others at risk of
injury, will result in the immediately removal of personnel and students
from the Facility.
6
r
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
COAST COMMUNITY COLLEGE DISTRICT
FOR USE OF NEWPORT BEACH FIRE DEPARTMENT
STATION NO. 7 TRAINING FACILITY
This Agreement is made and entered into this 2nd day of April , 2009, by
and between THE COAST COMMUNITY COLLEGE DISTRICT, a public educational
agency for Orange Coast College (hereinafter referred to as "OCC") and the CITY OF
NEWPORT BEACH, a Municipal Corporation and Charter City (hereinafter referred to
as "CITY") for use of the Newport Beach Fire Department Station No. 7 Training Facility
(hereinafter referred to as "Agreement').
RECITALS
A. City has constructed and operates a fire fighter training facility located on its
property located at 20401 Acacia Street, Santa Ana Heights Station, Newport
Beach, California, (hereinafter referred to as "the Facility"); and
B. City has a full-time employee responsible for management and operation of the
Facility (hereinafter referred to as the 'Training Chief"); and
C. City has promulgated certain rules and regulations concerning safety, hours of
operation and use of the Facility; and
D. OCC desires to enter into an Agreement with City permitting OCC to use the
Facility as part of the OCC Professional Mariner Program ("Program").
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. CITY agrees to allow those persons enrolled in the Program and Program
instructors to use the Facility as specified in this Agreement (hereinafter,
"Authorized Users").
2. OCC agrees to provide Newport with an authorization list (hereinafter referred to
as "List") of all Authorized Users. Only those instructors of the Program and
those persons currently enrolled in the Program and specified on the List may
use the Facility. Additions to or deletions from the List shall be provided to the
City within three (3) business days. OCC shall take all reasonable measures to
assure that only those persons specified on the List shall be permitted to use the
Facility. The List is for informational purposes only and City shall have no
obligation to screen or to otherwise evaluate the qualifications of those persons
authorized to use the Facility. Any and all screening procedures to qualify those
who use the Facility shall be the sole responsibility of OCC.
3. All Authorized Users shall: (a) execute a waiver and release in a form satisfactory
to the City Attorney prior to being allowed to use the Facility; (b) strictly comply
with the Rules and Regulations for Use of the Facility, as attached hereto as
Exhibit "A" and the Newport Beach Fire Department Training Facility Safety
Policy attached hereto as Exhibit "B" (including any amendments to Exhibits "A"
or "B"); and (c) any safety order or directive of the Training Chief. City shall
supply OCC with a copy of all rules, regulations and amendments.
4. The Training Chief may close the Facility at anytime for any purpose. The
Training Chief may exclude any person from using the Facility for violating any
rules and regulations relating to safety or if there are any other safety concerns.
City reserves the exclusive right to determine the Facility's hours of operation.
OCC, may, upon prior approval of the Training Chief, use the Facility when the
Facility is not being used by City or another agency authorized to use the Facility.
5. City shall supply personal protective equipment ("PPE") at no cost to the users.
6. To the fullest extent permitted by law, OCC shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against
any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attomey's fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a Claim; collectively, "Claims"), to the extent that
they arise from the Agreement, the Authorized Users use of the Facility, and/or the
Authorized Users presence and/or activities at the facility (including, but not limited
to, the negligent and/or willful acts, errors and/or omissions of OCC or the
Authorized Users).
Notwithstanding the foregoing, nothing herein shall be construed to require OCC to
indemnify the Indemnified Parties from any Claim arising from the sole negligence
or willful misconduct of the Indemnified Parties. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be
provided by OCC.
7. OCC agrees and represents that the Authorized Users are in no way employees
of the City.
8. Either party may terminate this Agreement at anytime, without cause upon three
(3) business days prior written notice.
9. The persons executing this Agreement on behalf of OCC and City warrant that;
(i) they are duly authorized to execute and deliver this Agreement; (ii) formally
bound to the provisions of this Agreement, and (iii) the entering into this
APR-27-2009 09:35A FROM:BOARD OFFICE 714384978 TO:919498633358 P.2
Agreement does not Violate any provisions of any other agreement to which the
party Is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement by
(heir authorized representatives on the day and year first wdRan above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A Munldpal Corporation
Aaron Harp,
Assistant City Attorney
For the City of Newport Beach
BY:
Homer Bhdau,
City Manager
Date: Date:
ATTEST:
By:
Lailani Brown, City Clark
Date:
Attachments:
COAST COMMUNITY COLLEGE DISTRICT
Exhibit "A" Rules and Regulations for Use of the Facility by OCC
Exhibit "B" Newport Beach Fin Deparbnant Trading Facility Safety Poilay
EXHIBIT "A"
RULES AND REGULATIONS
FOR USE OF THE FACILITY BY
ORANGE COAST COLLEGE
1. RULES AND REGULATIONS:
A. The Training Chief will submit a monthly schedule to OCC with dates and
times for training facility qualification. All OCC personnel shall qualify
according to the monthly schedule.
B. All OCC personnel and students shall park on Acacia Street. The
Newport Beach Fire Station No. 7 is located at 20401 Acacia Street,
Newport Beach, California. All OCC personnel and students shall enter
through the southside door for Training Classroom check in.
C. All OCC personnel and students must wear a visible I.D. card at all times
while in the Facility.
2. THE FACILITY OPERATION CONDITIONS:
A. The Training Chief or his designee will be present during operation and
will have ultimate Facility authority over all users.
B. The Training Chief will provide remediation of problems as needed if
desired, and as time permits.
C. The City will supply all personal protective equipment ("PPE") used on the
Facility.
3. OCC POLICIES:
All OCC students and personnel shall comply with all applicable provisions of
Newport Beach Fire Department Safety Policy attached hereto as Exhibit "B" and
all subsequent instructions provided during the classroom instruction.
4
EXHIBIT "B"
NEWPORT BEACH FIRE DEPARTMENT
TRAINING FACILITY SAFETY POLICY
1. PURPOSE:
A. To provide a high level of safety and protection for all users of the Facility.
B. To enhance the learning experience while providing a safe environment.
2. FACILITY:
The Training Chief shall have the sole authority on the Facility and is responsible
for its management and operation.
All persons entering the Facility shall follow the directions of the Training Chief or
his designee and shall adhere to the posted rules and regulations at all times.
The Fire Station is strictly off-limits to unauthorized personnel for security and
safety purposes.
The Facility is for the use of Newport Beach Fire Fighters and other persons as
approved by the Training Chief or Fire Chief for Newport Beach. The Facility will
only be used under the supervision of the Training Chief, or another qualified
instructor as approved by the Training Chief
No unsafe practices will be tolerated. All activities shall be in support of the
instructional mission.
All authorized personnel and students entering the Facility shall immediately
report to the Training Chief, or his designee.
All authorized personnel and students shall adhere to at all times, the following
procedures:
A. Sign in.
C. Receive instructions from the Training Chief, or designee and complete
the course as directed.
5
•
3. EQUIPMENT GUIDELINES:
A. All personnel and students shall immediately advise the Training Chief, or
designee, of any pre-existing injuries or medical conditions which may
affect his/her ability to safely participate in firefighting training.
B. Any intentional violation of safety guidelines, gross display of improper
Facility procedures of, or lack of sound judgment by personnel or
students, which in the Training Chiefs opinion places others at risk of
injury, will result in the immediately removal of personnel and students
from the Facility.