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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.