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HomeMy WebLinkAboutAgenda Report - May 3, 2017 C-13CITY OF LODI COUNCIL, COMMUNICATION TM AGENDA ITEM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Memorandum of Understanding (MOU) for Fire Training Facility Use between the City of Lodi and the City of Stockton MEETING DATE: May 3, 2017 PREPARED BY: Fire Chief RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute memorandum of understanding (MOU) for fire training facility use between the City of Lodi and the City of Stockton. BACKGROUND INFORMATION: The City of Stockton is the owner of various fire facilities, which is more specifically described in the attached MOU (Attachment A). The City of Lodi Fire Department desires to use these training facilities for the purpose of providing fire training academy for its incoming entry-level fire personnel from the period of May 8, 2017 through September 30, 2017. Stockton has agreed to host this training academy at its training facilities, as well as provided joint oversight of the training in conjunction with the Lodi Fire department. The MOU details the terms and conditions for the use of the fire training facility use. The City of Lodi Fire Department will be permitted to use the facility on a non-exclusive basis for training purposes. Stockton will be hosting the fire academy and provide incoming Lodi firefighters skill set training for entry-level positions. FISCAL IMPACT: Lodi Fire department agrees to pay the City of Stockton $4,680 per recruit attending the academy for cost of the training program. In addition to the cost Lodi agrees to pay for any costs for certificates. Lodi will be required to pay prior to the start of the academy and no reimbursements or refunds will be available, regardless if the recruit completes the academy. FUNDING AVAILABLE: $4,680 from Emergency Operation Training & Education: 10041000.72450 ooney Fire Chief )Ccs Andrew Keys Deputy City Manager/Internal Services Director Attachment A — Memorandum of Understand Fire Training Facility Use APPROVED: tephen Schwa: '"'- r, City Manager MEMORANDUM OF UNDERSTANDING — FIRE TRAINING FACILITY USE This Memorandum of Understanding for Fire Training Facility Use ("MOU") is made and entered into as of May , 2017, by and between the City of Lodi, a municipal corporation ("LODI") and the City of Stockton, a municipal corporation ("STOCKTON"). RECITALS STOCKTON is the owner of various fire facilities, including fire training facilities, which are more specifically described in Exhibit A, which is attached hereto and incorporated herein by reference ("FACILITIES"). LODI desires to use FACILITIES for the purposes of providing a fire training academy for its incoming entry level fire personnel from the period of May 8, 2017 through September 30, 2017. STOCKTON has agreed to host this training academy at FACILITIES as well as provide joint oversight of the training in conjunction with LODI. 2. TERMS AND CONDITIONS 1. Training. LODI will be permitted to use the Facility on a non-exclusive basis for training purposes. 2. Scheduling. STOCKTON will work with LODI and use its best efforts to make the FACILITIES available to LODI as needed for its requested fire training academy. 3. Term. The term of this MOU shall be May 8, 2017 through September 30, 2017. 4. Use of Facilities. LODI agrees to comply with any rules and policies in place regarding use of FACILITIES. STOCKTON will provide LODI with a copy of any rules and policies regarding use of the FACILITIES upon execution of this MOU. 5. Use of Tools and Apparatus. STOCKTON agrees to provide the use of its tools and apparatus to LODI for the training purposes contemplated under this MOU. 1 6. Scope of Training. In conjunction with LODI, STOCKTON will be hosting a fire academy for LODI to provide firefighter skill set training for entry level positions. Training will include, but is not limited to: • Wearing turnout gear • Wearing and use of Self Contained Breathing Apparatus • Climbing and Lifting • Use of fire hoses • Use of ladders • Riding on Apparatus • Using Tools • Exposure to Heavy Machinery • Live Fire Scenarios • Emergency Medical Procedures • Classroom activities • Rescue Systems Training • Driving of apparatus 7. Costs and Materials. LODI agrees to pay STOCKTON $4,680 (four - thousand, six hundred and eighty dollars) per recruit attending the academy for cost of the training program. In addition, LODI will pay for any costs for certificates. LODI will be required to pay prior to the start of the academy and no reimbursements or refunds will be available, regardless if the recruit completes the academy. 8. Responsibility of LODI. LODI will also provide personal protective equipment for each of their participating employees that is equal to or greater in quality and protection than that of the personal protective equipment utilized by STOCKTON personnel. LODI agrees that in the event they provide three (3) or more recruits for the academy, LODI will provide dedicated and qualified fire instructors for the duration of the academy to assist STOCKTON in the delivery of training for all attendees, as agreed upon between LODI and STOCKTON. LODI also agrees to provide the subscription or printed materials, if needed, for the instruction of their attending employees. 2 9. Acceptance of Liability. LODI has inspected the FACILITIES and finds them acceptable for its intended use. LODI accepts sole responsibility for all accidents, damages, bodily injury, or damage to personal property occurring during LODI's use of the FACILITIES. LODI waives any and all claims, suits, and causes of action against STOCKTON (including its employees, officers, or agents) for any property loss or damage done to LODI's property arising from the activities contemplated pursuant to this MOU. LODI will compensate STOCKTON for any and all physical damage to the FACILITIES and STOCKTON's tools and apparatus arising from the use of FACILITIES pursuant to this agreement. 10. Hold Harmless. LODI agrees that it will protect, save, defend, hold harmless, and indemnify STOCKTON, its employees, volunteers, officers, and agents from any and all demands, claims, judgments, or liability for loss or damages arising as a result of accidents, injuries, or other occurrences, (except for losses or injuries occurring as the result of the sole negligence of STOCKTON) regardless of who the injured party may be. This section is expressly agreed to as a condition of using the FACILITIES. 11. Notices. All notices required by this AGREEMENT shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: TO STOCKTON: TO LODI: Fire Division Chief Ken Johnson City Hall, 1st Floor 425 North El Dorado Stockton, CA 95202 Chief Larry Rooney 25 East Pine Street Lodi, CA 95240 12. Entire Agreement. This AGREEMENT represents the entire understanding of CITY and CUSTOMER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. 3 This MOU may be terminated at any time with or without cause by either party upon thirty (30) days written notice. CITY OF LODI, a municipal corporation Dated B Approved as to form: JANICE D. MAGDICH City Attorney, City of Lodi By: HENS KW BAUER City Manager CITY OF STOCKTON, a municipal corporation Dated: By: KURT WILSON City Manager Approved as to form: JOHN M. LUEBBERKE City Attorney, City of Stockton By: Susana Alcala Wood Assistant City Attorney 4 Company 1 Company 2/DOT Company 3 Company 4 Company 5 Company 6 Company 7 Company 9 Company 10 Company 11 Company 12 Company 13 Company 14 EXHIBIT A 1818 Fresno Avenue, Stockton, 95206 110 West Sonora, Stockton, 95203 1116 East First Street, Stockton, 95206 5525 Pacific Avenue, Stockton, 95207 3499 Manthey Road, 95206 Picardy Lane, Stockton, 95203 1767 West Hammer Lane, Stockton, 95209 550 East Harding Way, Stockton, 95204 2903 West March Lane, Stockton, 95219 1211 East Swain Road, Stockton, 95210 4010 East Main Street, Stockton, 95215 3606 Hendrix Drive, Stockton, 95212 3019 McNabb Place, Stockton, 95209 The Port of Stockton and Rough and Ready Island RESOLUTION NO. 2017-85 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE CITY OF STOCKTON FOR FIRE TRAINING FACILITY USE WHEREAS, the City of Lodi is a public agency located in the County of San Joaquin, State of California; and WHEREAS, the City of Stockton is the owner of various fire facilities; and WHEREAS, the City of Lodi Fire Department desires to use the Stockton training facilities for the purpose of providing a fire training academy for its incoming entry-level fire personnel from the period of May 8, 2017, through September 30, 2017; and WHEREAS, City of Stockton has agreed to host this training academy at their training facilities, as well as provide joint oversight of the training in conjunction with the Lodi Fire Department; and WHEREAS, the MOU allows the City of Lodi Fire Department to utilize the facility on a non-exclusive basis for training purposes; and WHEREAS, the MOU allows the City of Stockton to host the fire academy and provide incoming Lodi firefighters skill set training for entry-level positions; and WHEREAS, the Lodi Fire Department agrees to pay the City of Stockton $4,680 (four -thousand, six hundred and eighty dollars) per recruit attending the academy for cost of the training program; and WHEREAS, in addition to the cost of the training program, the City of Lodi agrees to pay for any costs associated with providing certificates; and WHEREAS, the City of Lodi will be required to pay prior to the start of the academy and no reimbursements or refunds will be available, regardless if the recruits complete the academy; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute the Memorandum of Understanding with the City of Stockton on behalf of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Memorandum of Understanding between the City of Lodi and the City of Stockton for fire training facility use; and BE IT FURTHER RESOLVED that the City of Lodi shall pay to the City of Stockton $4,680, for fire training facility use by the Lodi Fire Department, and any additional costs associated with Certificates for the training. Dated: May 3, 2017 I hereby certify that Resolution No. 2017-85 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 3, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFER T'. FERRAIOLO City Clerk 2017-85