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Home My WebLink AboutORANGE COUNTY FIRE AUTHORITY - 2013 PARAMEDIC SRVCINSURANCE. NOT ON FILE WORK MAY Of PROCEED CLERK OF COUNCIL N- 2013 -137 QC�Aa� 2013 AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY FOR USE OF PARAMEDICS FOR SANTA ANA POLICE DEPARTMENT SWAT TRAINING 3orlgmals pYY�d � "'Y by 6cR4. THIS AGREEMENT, made and entered into this 23`d day of September, 2013 by and between the ORANGE COUNTY FIRE AUTHORITY ( "OCFA "), a California joint powers authority, (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. City desires to utilize OCFA Paramedics for purposes of providing Advanced Life Support. OCFA Paramedics will be on -site and ready to respond to medical related incidents related to training activities for Santa Ana Police Department ( "SAPD ") SWAT training exercises not more than six (6) times a year, OCFA Division 6 Chief in cooperation with the SAPD Chief of Police or his designee will coordinate scheduling and determine additional operational need on a case by case basis; and B. OCFA is willing to provide OCFA paramedics for Advanced Life Support for mutually beneficial training experience and to assist the SAPD SWAT team in complying with outside law enforcement training requirements. NOW THEREFORE, in consideration of the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. OCFA will provide a fully staffed Advanced Life Support Unit staffed with a minimum of two (2) Paramedics for Santa Ana Police Department SWAT training at various facilities in Orange County not more than six (6) times a year. OCFA Division 6 Chief or his designee in cooperation with the Santa Ana Police Department (SAPD) Chief of Police or his designee will coordinate scheduling and determine additional operational need on a case by case basis. B. City will provide a quarterly training calendar to OCFA Division 6 Chief outlining the dates and hours of proposed SWAT training. City acknowledges that use of the paramedics and paramedic van is subject to availability. 2. COMPENSATION A. City and OCFA agree that no money exchange is contemplated by this Agreement. Instead, the Agreement contemplates an exchange of services. B. If medical services and /or transport to the hospital are necessitated during the training exercises for City personnel, consistent with OCFA' S Emergency Transportation business model, if emergency transportation is required, the ambulance company will invoice the City and reference this Agreement. City agrees to pay all reasonably necessary medical services and/or transportation costs incurred pursuant to this Agreement. 949563.1 3. TERM This Agreement shall commence on the date first written above and continue indefinitely unless terminated earlier in accordance with Section 11, below. 4. INDEPENDENT CONTRACTOR City and OCFA agree that, during the entire term of this Agreement, that 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 Agreement is not intended nor shall it be construed to create an employer - employee 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 Agreement; however, the services to be provided by each entity under this Agreement shall be provided in a manner consistent with all applicable standards and regulations governing such services. Each entity shall pay all salaries and wages, benefits, employer's social security taxes, unemployment insurance and similar taxes relating to its respective employees and shall be responsible for all applicable withholding taxes for its employees. Nothing herein shall be construed to alter or limit the applicability, terms or conditions of any existing written agreements between the parties, including, without limitation, the Amended Joint Powers Agreement. 5. INSURANCE Each party 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. Each party agrees to provide the other with a letter setting forth their respective self - insured retention and any additional excess insurance coverage prior to the start of services under this Agreement. 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 Agreement, and farther 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 Agreement. 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 the disclosing party disclosed in a publicly available source; (c) is in rightful possession of the disclosing party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the disclosing party without reference to information disclosed by the other party; (f) is a non - exempt public record under the California Public Records Act; of (g) has been disclosed with the consent of the other party or the other party's officer or employee. 949563.E CONFLICT OF INTEREST CLAUSE Except for its role as a provider of emergency services that may render paramedics, vehicles or equipment unavailable for otherwise scheduled events, OCFA covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement 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 facsimile in the manner provided in this Section, to the following persons: To City: Clerk 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 Chief of Police 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 949563.1 Fire Chief Orange County Fire Authority 1 Fire Authority Road Irvine, California 92682 Fax 714 -567 -3243 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 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 facsimile, 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 of Orange and City of Santa Ana holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement 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 the Centennial Park Training Facility. Nothing herein shall be construed to alter or limit the applicability, terms or conditions of any other existing written agreements between the parties regarding any other matter, including, without limitation, the Amended Joint Powers Agreement. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement 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 OCFA nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. 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. . 11. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Sections 2, 4 and 6 of this Agreement shall survive termination. 12. DISCRIMINATION Each party agrees that it 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 949563.1 employment related activities. The parties affirm that they are equal opportunity employers and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement 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 Agreement. 14. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that it has the power, authority and right to bind their respective parties to each of the terms of this Agreement. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUI7.AR Clerk of the Council ORANGE COUNTY FIRE AUTHORITY op F-RE CVIEF APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney A to'rn.,eyy p Q� By: �3 `�l� f�dfilf LL Laura A. Rossini Assistant City Attorney 949563.1 CITY F S A iA CARLOSROJAS Acting City Manager ORANGE COUNTY FIRE AUTHORITY By: David Kendig General Counsel FOR APPROVAL: CARLOSROJAS Acting Chief of Police 949563.1 October 17, 2013 ORANGE COUNTY FIRE AUTHORITY P.O. Box 57115, Tr-'ne, CA 92619 -7115 • 1 Fire Authority Road Irvine CA 92602 Keith Richter, Fire Chief Clerk of the Council City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 -1988 Dear Ms. Huizar: (714) 573 -6000 www.ocfa.org �C', o d S C " n� n d° tr 1 rZ IJ a. P Enclosed are two (2) fully executed original Agreements between the Orange County Fire Authority and the City of Santa for use of paramedics for Santa Ana Police Department SWAT Training dated September 23, 2013, as requested. If you have any questions, please feel free to call me at (714) 573 -6041. Sincerely, iny A. . Wentz, MC Clerk of the Authority cc: Scott Brown, Division Chief Enclosures: Two (2) Original Agreements Proudly Serving the Cities of. Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest - La Palma •Los Alamitos • Mission Viejo • Placentia • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Seal Beach - Stanton • Tustin • Villa Park • Westminster • Yorha Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES CERTIFICATE OF LIABILITY INSURANCE °�0/09�20 TYPE OFINSURANLE 3" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0726293 1- 415 -546 -9300 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc., License #0726293 One Market Plaza, Spear Tower Suite 200 CONTACT NAME: PHONE PAX Eat E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIL# San Francisco, CA 94105 Loan Le INSURER A: AMERICAN ALT INS CORP 19720 INSURED Orange County Fire Authority INSURER B EACH OCCURRENCE INSURER C X DAMAGE TIT-RENTED PREMISES Ea occurrence MED EXP(Anyone person) 1 Fire Authority Road INSURERD: T 51000 INSURER E: PERSONAL& ADV INJURY Irvine, CA 92602 INSURER F GENERALAGGREGATE nu-s -Olum RUMCCK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANLE AODL SUBR POLICY NUMBER MMIUDY� MM%UDY/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR $0 SIR VFIS -TR- 0022468 -10 07/01/1 07/01/14 EACH OCCURRENCE $ 1,000,000 X DAMAGE TIT-RENTED PREMISES Ea occurrence MED EXP(Anyone person) $ 1,000,000 T 51000 X PERSONAL& ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO- LOC PRODUCTS - COMP /OP AGO $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea ao:Adenl BODILY INJURY (Paupers.) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAR EXCESS LIAR OCCUR N/A 1 1\ ®`i Y L` �Tq L A T6 F0 EACH OCCURRENCE $ HII-AIMS-MAD AGGREGATE $ DED R WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/ EXCLUDED' OFFICEFJMEMBER EXCLUDED? ❑ (Mantlatoryin NH) If yes, IPTIOeantler DESCRIPTION OF OPERATIONS below WC STATU- OTH- TORY LIMITS $ Laura A. Rossini Assistant City Attorney E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remark. Schedule, if more space is required) Evidence of coverage in force. Professional Liability included in General Liability coverage. renrrv.Isre u ..-r. _ City of Santa Ana ATTN: Laura Rossini, Sr. Assistant City Attorney SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M29 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 12 1 IISA /� W 1988 -2070 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD rgreen 36314855 CERTIFICATE NO. ISSUE DATE (MM /DD/YYYY) WC -1682 CERTIFICATE OF COVERAGE 10/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CSAC Excess Insurance RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS Authority CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER C/O ALLIANT INSURANCE SERVICES, INC. IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the PO BOX 6450 NEWPORT BEACH, CA 92658 -6450 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PHONE (949) 756 -0271 / FAX (619) 699 -0901 COVERAGE LICENSE #OC36861 AFFORDED BY: A - See attached Schedule of Insurers Member: COVERAGE ORANGE COUNTY FIRE AUTHORITY AFFORDED BY: B ATTN: FAUSTO REYES, RISK MANAGER COVERAGE 1 FIRE AUTHORITY ROAD, BLDG A IRVINE, CA 92602 AFFORDED BY: C F VERAGE FORDED BY: D Coverages THIS rS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES. CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR POLICY NUMBER DATE(MM /DD(YYYY) DATE(MM /DDM'YY) A EXCESS WORKERS' See attached 07/01/2013 07/01/2014 WORKERS'COMPENSATION: COMPENSATION & Schedule of Insurers Difference between EMPLOYER'S LIABILITY for policy numbers Statutory and Member's $2,000,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Member's $2,000,000 Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations /LocationsNehicles /Special Items: AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN ORANGE COUNTY FIRE AUTHORITY AND CITY OF SANTA ANA. AS TO FORM A. "aura A. Rossini ,f ^ir1 City Attorney Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CITY OF SANTA ANA CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ATTN: LAURA ROSSINI ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. SENIOR ASSISTANT CITY ATTORNEY AUTHORIZED REPRESENTATIVE 20 CIVIC CENTER PLAZA, M29 SANTA ANA, CA 92702 CSAC EXCESS INSURANCE AUTHORITY Page 1 of 2 CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION PROGRAM 2013/2014 SCHEDULE OF INSURERS Orange County Fire Authority PROVIDER MEMORANDUM /POLICY NUMBER LIMIT CSAC Excess Insurance Authority EIA -PE 13 EWC -118 Workers' Compensation: $50,000,000 each accident/each employee for disease $50,000,000 each accident/each employee for communicable disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each Accident $5,000,000 each Employee for Disease (Difference between $5,000,000 and the _.__.__..._.... . individual member's retention National Union Fire Insurance Co. of XWC 091 -06 -12 Statutory each accident/ each employee Pittsburgh, PA (AIG) for disease excess of excess insurance policy $50,000,000 EWC above $1 MIL PAGE 2 of 2 ADDITIONAL INSURED ENDORSEMENT Insurance Company: This endorsement modifies such insurance as in afforded by the provisions of Policy # Relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, officers, employees, agents and representatives are named as additional insured with regard to liability and defense of suits arising from the operations and uses performed by on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty -30 days written notice has given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. Completion of the following, including countersignature, is required to make this endorsement effective. Effective Policy # Issued to Name Insured Countersigned by this endorsement form as part of Authorized Representative Title: 3/28/11