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HomeMy WebLinkAboutAgenda Report - November 15, 2006 E-11AGENDA ITEM G� CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Approve the Stockton Fire Department Training Agreement MEETWG DATE: November 15, 2006 PREPARED BY: Michael E. Pretz, Fire Chief RECOOMENDED ACTION: Approve the Stockton Fire Department Training Agreement and direct the City Manager to execute the agreement. BACKGROUND INFORMATION: The City of Lodi, through the Fire Department, has used the Stockton Fire Department's fire training academy to instruct newly hired firefighters for the City of Lodi since 2001. This fire training academy will train the 4 newest members of the department. The fire academy is a 16 week program and teaches necessary firefighting skills. Successful completion of the academy is required to become a member of the Lodi Fire Department. Since the inception of the program in 2001, over 40% of the current Lodi Fire Department membership has successfully completed the academy. In fact, several of the academic and physical performance records are held by members of the Lodi Fire Department. The Stockton Fire facilities were utilized due to overtime costs and lack of appropriate training facilities in Lodi. The fire academies are joint ventures with new hire members of both Stockton and Lodi firefighters. The Lodi Fire Department also sends a liaison firefighter and the Training Officer to monitor the progress of the a tendees. In addition, the Lodi Fire Department provides instructors during the academy as needed. FISCAL IMPACT: $18,000 plus Fire Department staff involved in providing training at the academy. FUNDING AVr41LABILE: Fire Department Training Account MEP/1h Attachment Ruby FUlste, Financial Services Manager Mi ael . Pretz, Fire C ief APPROVED: _ / - _ _ Blair Ki� Manager THIS AGREE NT is made and enierod luta on . byand be*reen the City of (ham referred to as "CITY'}, and the Cily of Lotti (hoewndw referred to as `AGENCY'. WHEREAS, CITY meirolains a course in academy feighter training; and WHEREAS, CITY desires to enter into a oontrad with AGENCY to provide basic firelighter skill treir*g to AGENCY's decgnarted trah ees; and WHEREAS, CITY is able and willing to provide such training to AGENCY. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. AGENCY shall reefer studerris to CITY for trair>ing as part of AGENCY's approved firefighter s* training. 2. AGENCY shall leer the resporisitsiity for etaur i g that each stxkmt it refers to CITY shell carriply rPi all rules and mquishons bilmved by employees of CITY's Fire Deparbnent and such Otiw additional regulations as CITY may deterrnine are reasonably necessary for pertictipmition in the firefighter slut trainirg. 3. AGENCY shell be responsible forFrairitakting studcert evaluations prepared by CITY and any and IM ofd records that pertain to AGENCY's trainees fuer skill training. 4. Prior to nO ring any shWent to CITY for firefighter slot training, AGENCY shall provide CITY prod of irmurance in a form acceptable to CITY for general liability Coverage in the amount of no Ims #w3n $1,000,000, and naming CITY as addkio ail insured by appropriate errd wsoffm t, and proof of Workers' Compensation Insure or accident insurance coverage as necessary to pnoted AGENCY, the student, and CITY. 5. In consideration of this Agreement. AGENCY shalt pay CITY a minimum norvefundable fee of $4,500.00 for each shident who participates in said training. The fee shall be made payable to the Stockton Fire Department fi. AGENCY shag povide two qualified drill instructors during the duration of said training. Drill mom work urder the dkedion the City Field Training Olf'icer and provide training and participate in the enva luatiori of the trainees. 1 STOCKrON FM DWARTMEW TRAMiNG AOFEEfrBff Seddon B. 1. CITY shy provide field tralydrg offloors for the purpose of instructing A(NC)rs trainees in+efigtrtsr d0s. 2. CITY be responsible for ev ing the sludent's pet Wriarnc eduri g the firefighter " hanrq phase and pror#*V AGENCY with reports of the student's pedDrman e. 3. CITY shall report to AGENCY any siuderrt whose performance or behavior CITY, in its sole dk crellion, deems un Illi adory or unable, whether as a result of ihestuderifs inability c r umwOgnea a to comply with the rules and reguiiffions esh6lished by CITY, fadure to comply with the law, or any other reason. 4. CITY rewrves the right to exclude from further paw in the Wdernship program any sUkmt voices performance or behavior CITY, in its sole demon, believes to be deftimentiii to CIY's options or the public safety. Seation C. PiIQV t�KS 1. This Agreement shah be in force as of the dole designated in item 7, below, as the stenting date of tyre training and shah continue for sixteen (16) weeks. If the training is not fully corrnplete atthe end of 16 weep, the City and Agency can agree to extend the training urW complete. 2. AGENCY and CITY shall keep each other Wormed of arry changes made to the studerirs work and training sem. 3. Transpoion of the trainee io and from CITY's facilities shall be the sole respority of the tnie. 4. Each pally to thisAgreement shad bear sole responsibiiir and liability for the negligence, wrongful *Cts or omissions, or wftd misoond id of its o4iicers, employees, representafives, and agents warning in the performance of or connection with this Agreement. If either party incurs habifty for damages or mpxy caused by its officers, employees, represent6tives, and agents, the party insuring such loblity shall bear sole resporabdity for payment of any damages and/or related expenses and shall not be entitled to, nor seek, contribution from the other party. Each party further agrees to indemnify, defend, and hold harmless the other ply, its officers, ernployees, representatives, and agents from any and all claims and losses proximately caused by the sole negligence, wrorgful acts or omissions, or willfW mkmonduct of its officers, errgIoyees, representatives, and agents. 5. It is agfeed and understood that the parties to this Agreement are independent contrac * for all purposes and that neither a party, nor its officers, employees. and agents shall be considered the employees of the other. In addtion, it is expressly agreed and understood by the parties that those of AGENCY's trainees who are pard rating in this program shad not be considered employees of CITY for any purpose m 9, but not limited !D, oorrrpensat%n for services, employee were and perickm beneft, Or HVbr MS' Compensation kwurwm purposes. 6. This Agmement sha cover six (6) trainees of AGENCY. 7. The starthg date of the ba k*V forsa id trainees shag be Noverrmer 20, 2006. 8. This Agra nent sets forth the entire k*Kpsftd agreavoont behoeen CITY and AGENCY, supersedes IN prior orooncurrent negodadorrs, representations, findings, or agrearmwiis be#weon the parties, either written or oral, which are not expressly incorporated herein, end may only be amended by a written instrument signed by authorized reprasen talbies of CITY and AGENCY. IN WITNESS WWREOF, the parties hemiD cause their repneser io gft their signatures. ATTEST: KATHERINE GONG WISSNER CITE' CLERK 0 APPROVED AS TO FORM: STIj,PFlEN SCHWAIMAJER LOIN CITY ATTORNEY By: A msT'ANT CITY ATTORNEY RICHARD E. M SKY, 4R. STOCKT0141 CITY ATTORNEY By: A S TANT CITY ATTORNEY CITY OF STOCKTON, a nwnk#ml By J. Gordon F%*w, Jr. City Manager "CITY" CITY OF LODI By: Blow City Mmrager "AGENCY"