Loading...
HomeMy WebLinkAbout2011 CON Fraiser's Boiler Service / Knight & Carver - Guidelines to Participating ActivitiesMemorandum of Agreement Memorandum of Agreement Between Fraser's Boiler Service, Inc (FBS) Knight and Carver Maritime (K&C) and the National City Fire Department (NCFD) to Provide guidelines to participating activities, operating in the spirit of cooperation without benefit of a contractual relationship, between FBS and K&C and with specific purpose the National City Fire Department References: a. Surface Forces Logistics Center (SFLC) Standard Specification 8634, Jan 2009 b. NAVSEA Standard Items; (NSI) 009-07, Confined Space Entry, Certification, Fire Prevention and Housekeeping; accomplish c. NAVSEA Standard Items; (NSI) 009-08, Fire Protection at Contractor's Facility; accomplish d. NAVSEA Standard Items; (NSI) 009-34, Fire Protection of Unmanned Vessels at Contractor's Facility; provide e. Fire Prevention Plan, Prime Contractor's f. NFPA Standard 312, Standard for Fire Protection of Vessels During Construction, Repair, and Lay-up Enclosures: 1. Specific Waiver of Liability and Memorandum of Agreement (MOA) with Fire Department 2. Memorandum of Agreement Change Authorization Form (if required) 3. Revisions History 4. National City Fire Department; Annual Performance Records 5. Google© Map; National City, Fire Station 34 MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 1of11 Memorandum of Agreement I. Purpose: A. This Memorandum of Agreement (MOA) is initiated to provide guidelines in the spirit of cooperation to participating activities operating without benefit of a contractual relationship. This MOA is between FBS and K&C and with specific purpose the National City Fire Department for the benefit of the United States Coast Guard. The period of performance is not specific. 1. The United States Coast Guard (USCG) will serve as the Lead Maintenance Activity (LMA) and requestor of this MOA. B. The parties entering into this MOA shall be bound by the terms of this MOA" mutatis mutandis" and reference (a). 1. Inclusion into this MOA, parties are required to complete and attach to this MOA, an endorsed copy of Enclosure 1. II. Changes (All Activities) A. This MOA may be amended or changed upon reasonable request from any of the activities entering into this agreement and approved by the same individuals or their authorized representatives from each activity who signed the original MOA. 1. The amendments or change shall be formally documented using the Memorandum of Agreement Change Authorization Form, provided as Enclosure (2). B. The representatives, identified in paragraph IV, are authorized to discuss amendments or adjustments. However, all amendments or adjustments to paragraph 1 are subject to final approval by way of "all or none" from the MOA members and will be recorded onto Enclosure (3). III. Definitions A. Lead Maintenance Activity (LMA). This term will apply to the maintenance activity with overall responsibility or the coordination of work and testing being performed by the Prime. B. Prime. This term will apply to the activity operating under contract and providing for reference (a). C. Participating Activity (PA). Signee of this MOA. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 2 of 11 Memorandum of Agreement IV. Organizational Structure (All Activities) A. The FBS key management personnel are: Title: Director for Business Dev Chris Snyder Cell phone: j (619) 980-4720 Email address: csnydcr@frasersservices.com Title: Director of Operations i Dale Lacey Cell phone: (619) 210-4084 Email address: 1 dlacey@frasersservices.com B. The K&C key management personnel are: Title: VP Operations Ce11 phone: Email address: Giovanni Lococo (619) 778-7121 glococo@knightandcarver.com Title: Safety/Environmental Mgr Steve Chavez Ce11 phone: (619) 955-2489 Email address: schavez@knightandcarver.com v. Coordination and Execution (All Activities) A. Prior to availability start, the Prime will provide the LMA and the NCFD proposed timelines and working hours. Any modifications to this list (including timelines) shall be provided to the LMA and the NCFD for review and acknowledgement. B. Other specific selected tasks beyond that delineated with this MOA or in reference (a) may be invoked contractually between the LMA and the Prime operating the dock facility. C. Any task assigned beyond that delineated in reference (a), will be made in writing, contractually invoked, and if necessary reported to the NCFD. D. During the availability, items having significant potential to impact the ships' watertight integrity, damage control capability or require special attention to insure ship safety will be reported to the LMA, the Prime and the NCFD. E. Standard working hours are from 0700 — 1530 Monday through Friday. 1. Notify the LMA 24 hours in advance of any evolutions that will affect work, testing or operations. VI. Hot Work Operations: (All Activities) A. Hotwork shall be performed in keeping with the requirements of references (b), (c) or (d) as applicable and references (e) and (f). B. Fire watches will meet minimum training and conduct requirements of reference (e), 009-07. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 3 of 11 Memorandum of Agreement C. All hotwork (grinding, burning, welding, cutting, any spark producing practice) will be identified on a Hotwork Notice form generated by the Prime. D. The prime will approve all hot work sites and be the signature authority for hotwork request. E. Hotwork request shall be routed in accordance with reference (e), 009-07. vn. Responsibilities for accomplishment of work: (All Activities) A. Ensure working hours and actual working days are included in the provided timeline. B. Comply with the requirements of references (b) through (f). C. Contact and receive approval from the LMA prior to start of any work EACH DAY including staging of tools, parts and equipment onboard the vessel. 1. Any staging requirements on the pier or within the basin or the confines of the dry- docking area shall be authorized and coordinated by the Prime via the LMA. D. Provide at least (48) hours notice to the LMA , the Prime and/ or the NCFD of the need for resources to ensure adequate time to provide same. E. Document and report to the LMA , the Prime and/ or the NCFD any unsatisfactory material conditions or situations that may be associated with or affect the operation of equipment and/or systems for resolution. F. The Prime shall ensure work site(s) cleanliness is maintained in the highest reasonable state, including the removal of all trash, industrial waste, etc. daily and prior to final departure from the work site(s). G. Ensure all personnel are familiar with the requirements of references (b) through (f) to perform work while assigned in the dry-docking environment. H. Safety (All Activities) 1. Ensure all personnel follow OSHA Safety and Personal Protective Equipment (PPE) guidelines, including wearing, safety glasses, hearing protection, and having emergency lighting/flashlights. Additional requirements shall be followed: a) Hard hats and safety shoes shall be worn in the dry-dock and compound areas. b) Safety glasses with wide shields shall be worn when personnel are conducting eye hazardous operations and when in an eye hazardous area. c) Ensure work performed by their employees shall not create safety or health hazards for the Ship's crew or other activities. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 4of11 Memorandum of Agreement d) Shall ensure its employees understand the fire safety requirements and actions to be taken when fire or emergency occurs during work onboard the ship. 2. All accidents will be immediately reported to the Prime. 3 Absolutely NO eating, drinking or smoking is authorized except in designated areas only. I. Responsibilities for Safety: 1. The Prime will conduct a daily walk through of the vessel and the dock and facility. 2. The inspection will be documented IAW Primes quality management system directives. J. Hazardous Material/Waste: 1. Work involving hazardous constituents shall be identified immediately to the LMA and Prime. Generators shall be required to manifest and provide for proper disposal or containment of such constituents. 2. Generators will provide a hard copy or electronic record of MSDS sheets for all HAZMAT utilized within the dock facility to the Prime QA. 3. Any consumables (paint, electrodes, etc.) used during a docking availability period shall be reported weekly to the Prime QA. 4. Hazardous Waste for disposal for work performed must be handled, contained, stored, transported and disposed of in accordance with local, state and federal requirements. Any temporary storage of hazardous waste must be coordinated with the LMA and the Prime QA. 5. Any loss of control/containment of fluids or hazardous waste materials shall be immediately reported to the LMA, the Prime On -Site Supervisor and the Prime QA/ES&H Manager. K. Environmental and Hazardous Material/Waste Services: 1. Environmental Services will be coordinated through the LMA and/or the Prime. L. Responsibilities for support services/equipment: 1. LMA will be responsible for coordinating any support services, not specified in this MOA, for the accomplishment of assigned work. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 5of11 Memorandum of Agreement 2. Normal support services will be provided upon request and approval Monday through Friday, 0700 — 1500 (with 48 hours notice). Services required outside normal working timeframes will be arranged on a case -by -case basis between the requesting activity and the LMA. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 6of11 Memorandum of Agreement ENCLOSURE 1 SPECIFIC WAIVER OF LIABILITY AND MEMORANDUM OF AGREEMENT (MOA) Participating Activity (PA) has on file an approved Memorandum of Agreement with the National City Fire Department and the United States Coast Guard for work to be accomplished at 1313 Bay Marina Drive, National City, CA 91950. As required by reference (a), Appendix B-4: Barring mass conflagration or other nature or unnatural disaster preventing the local fire departments ready response, Station 34 located in National City (see Enclosure 5) can generally arrive at the facility within 30-minutes of receiving the alarm. The City of National City (City) and its National City Fire Department (NCFD) make no warranties, express or implied, regarding response times, nor does the City or NCFD make any promises or assurances regarding response times by entering this memorandum. PA specifically waives any and all claims and agrees to hold the City and NCFD harmless from any and all claims related to responses to calls for service or failure thereof. PA specifically acknowledges the immunities provided for fire protection service at Government Code section 850, et. seq. apply to any fire protection service or lack thereof; and, that the City is not waiving or abrogating any such immunities by entering into this memorandum. PA agrees to defend, indemnify, and hold harmless the City of National City and NCFD, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, attorney's fees, and defense costs, of any kind or nature, including worker's compensation claims, of or by anyone whomsoever, resulting from or arising out of responses to calls for service or from any delay or failure to respond. PA is responsible to provide adequate insurance coverage for any damage to the dock compound, facility, vessel, contractor property and equipment. Mr. Dale Lacey PA Rep (Print Name): Fraser's Boiler Service Mr. Giovanni LoCoco PA Rep (Print Name): Knight & Carver Nlr—Chr Ga to Name & Title: City Manager G;f ature Date City of National City Sig Ire Signature 01 SEP 11 Date 01 SEP 11 Date 01 SEP 11 MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11: Rev. (0) 7 of 1 1 Memorandum of Agreement ENCLOSURE 2 MEMORANDUM OF AGREEMENT CHANGE AUTHORIZATION FORM Change Number: Date Affected pages attached: Brief description of change: Activity Signatures The activities involved with the work addressed by this MOA Change Authorization agree to the functions, responsibilities and actions as assigned in this MOA. PA Rep (Print Name): Fraser's Boiler Service PA Rep (Print Name): Knight & Carver Signature Date Signature Date Name & Title: National City Fire Department Signature Date MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 8of11 Memorandum of Agreement ENCLOSURE 3 MEMORANDUM OF AGREEMENT REVISION HISTORY REV # DATE REVISION DESCRIPTION PARTICIPATING ACTIVITY PA POC Revisions shall be distributed to each MOA participant. MOA: USCG SFLC STANDARD SPECIFICATION 8634_FTRE AUTHORITY: 01 SEP 11; Rev. (0) 9of11 Memorandum of Agreement ENCLOSURE 4 National City Fire Department; Annual Performance Records MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 10 of 11 National City FD Average Response Time by District/Incident Type Alarm Date Between {01/01/2010} And {12/31/2010} and FDID = "37110" 10 District Specified** ident Alarm Date & Time Arrival Date & Time Stn Shift Response Time Special type of incident, Other 0055305 11/23/2010 19:49:54 11/23/2010 20:02:37 00:12:43 C057027 12/03/2010 07:13:1C 12/03/2010 07:13:10 00:00:00 0057136 12/03/201C 15:49:35 12/03/2010 15:50:30 00:00:55 Average Response Time for District/Incident Type 00:12:24 Citizen complaint 0022445 05/29/2010 00:14:05 05/29/2010 00:19:18 DO:05:13 0025121 06/14/2010 21:03:02 06/14/2010 21:07:36 S34 B 00:04:36 Average Response Time for District/Incident Type 00:04:55 rall Average Response Time for District 00:06:14 1st Quarter ident Alarm Date & Time Arrival Date & Time Stn Shift Response Time Cover assignment, standby, moveup 0016974 04/24/2010 01:55:48 04/24/2010 02:25:00 B 00:29:12 Average Response Time for District/Incident Type 00:29:12 rall Average Response Time for District 00:29:12 2nd Quarter ident Alarm Date & Time Arrival Date & Time Stn Shift Response Time EMS call, excluding vehicle accident with injury 0058780 12/12/2010 02:29:07 12/12/2010 02:42:50 ADM 00:13:43 Average Response Time for District/Incident Type 00:13:43 rall Average Response Time for District 00:13:43 3rd Quarter ident Alarm Date & Time Arrival Date & Time Stn Shift Response Time EMS call, excluding vehicle accident with injury 0031491 07/19/2010 19:42:21 07/19/2010 19:42:21 S34 00:00:00 Average Response Time for District/Incident Type 00:00:00 rall Average Response Time for District 00:00:00 al Incident Count: 7367 Overall Average Response Time:00:06:15 /n1/lnii 1n.n" Ann. 1 fl Memorandum of Agreement ENCLOSURE 5 Google Maps ". 343 L Idtb St. National Cith, CA 91950 to 1313 Bay ]taring Dr. \aliou t Ciy. CA 919511- Google • Wiudov1 lutemet Explorer ere mx/g<o-,' 442 Google maps Get directions My places Driving directions to 1313 Bay Manna Dr, National City, CA 91950 343E 16th St National co, CA 91950 1. Head west on E 18th St toward C Ave 41 2 Take the 3rd let ado National City Blvd M 3. Tow iigirl onto W 18th St 41 4. Turn left ado Cleveland Ave rs 5. Turn right onto Bay Marina Dr Destia0tian Atli oe on tho right 1313 Bay Marina Dr National City, CA 91950 Save :o My Maps 'frnt fi ',bury--oao,UDr. 41eno 1.rs5t Ane+ )e�x G:w cal �r rr 1{:d Driving directions to 1313 Bay Marina Dr, National City, CA 91950 ip343E 16th St National City, CA 91950 1. Head west on E 16th St toward C Ave 0.2 mi 2. Take the 3rd left onto National City Blvd 0.1 mi 3. Turn right onto W 18th St 0.5 mi 4. Turn left onto Cleveland Ave 0.4 mi 5. Turn right onto Bay Marina Dr (Destination is on the right) 0.4 mi lip1313 Bay Marina Dr 1.6 mi, 5 mins National City, CA 91950 MOA: USCG SFLC STANDARD SPECIFICATION 8634_FIRE AUTHORITY: 01 SEP 11; Rev. (0) 11 of 11 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax FRASER'S BOILER SERVICE / KNIGHT & CARVER MARITIME Memorandum of Agreement Guidelines to Participating Activities Ginny Miller (City Atty.) Forwarded Copy of Agreement to the Participating Agencies Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate TO: City Clerk FROM: City Attorney SUBJECT: Memorandum of Agreement between Fraser's Broiler Service, Inc., Knight & Carver Maritime and the National City Fire Department CALIFORNIA'-4 NATI..ONAIC PV daav IN CO&PO$ATE Office of the City Attorney City Attorney Claudia Gacitua Silva Special Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: September 1, 2011 An original of the above -referenced document is attached for your files. ix Giiy Miller Executive A Attachment cc: George H. Eiser, III, Legal Counsel (w/o attach) Director of Emergency Services (w/ attach) ant to the City Attorney 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327