HomeMy WebLinkAboutAgenda Report - August 28, 2018 B-01 SMTM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
13,1
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding Between the City of Lodi, Mokelumne Rural Fire District, Clements
Fire District, Collegeville Fire District, Liberty Fire District, Linden -Peters Fire
District, Montezuma Fire Department, Waterloo-Morada Fire District, and
Woodbridge Fire District for the Participation in an Assistance to Firefighters Grant
for the Procurement of Self -Contained Breathing Apparatus (SCBA)
MEETING DATE: August 28, 2018
PREPARED BY: Fire Chief
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute a
Memorandum of Understanding (MOU) between the City of Lodi,
Mokelumne Rural Fire District, Clements Fire District, Collegeville
Fire District, Liberty Fire District, Linden -Peters Fire District,
Montezuma Fire Department, Waterloo-Morada Fire District, and Woodbridge Fire District for the
Participation in an Assistance to Firefighters Grant for the Procurement of Self -Contained Breathing
Apparatus (SCBA).
BACKGROUND INFORMATION: The purpose of the MOU is to clearly identify the roles and
responsibilities of each participating agency. As the host agency,
Mokelumne Rural Fire District, in conjunction and consultation with
all participating agencies, will host a regional Assistance to Firefighters Grant Proposal to the United
States Department of Homeland Security. The Department of Homeland Security Preparedness
Directorate's Office of Grants and Training may award the grant for an amount that will not exceed
$1,465,598 total project cost.
The host agency will coordinate, plan, and purchase SCBA in accordance with appropriate federal,
state, and local laws, rules, and regulations. The City will provide funding and resources necessary
to complete the purchase of the specified SCBA. Each agency will pay the District a share of the
SCBA costs in accordance with the agency's cost sharing ratio.
The term of the MOU is from August 1, 2018 and will remain in effect for a period of six (6) months
after notice of completion of the project has been recorded by the Preparedness Directorate's Office
of Grant and Training.
Staff recommends that the City Council authorize the City Manager to execute the Memorandum of
Understanding between the City of Lodi, Mokelumne Rural Fire District, Clements Fire District,
Collegeville Fire District, Liberty Fire District, Linden -Peters Fire District, Montezuma Fire Department,
Waterloo-Morada Fire District, and Woodbridge Fire District
FISCAL IMPACT: There is no cost to the City.
APPROVED:
Ste: ''="' chwabauer, City Manager
FUNDING AVAILABLE Grant Funding
Attachment
Gene Sod• . • Fire Chief
AGREEMENT
FOR THE PARTICIPATION IN AN ASSISTANCE TO
FIREFIGHTERS GRANT FOR THE PROCUREMENT OF SCBA
Mokelumne Rural Fire Protection District, HOST AGENCY
THIS AGREEMENT is made and entered into as of the 10th day of August 2018 by and between
the Mokelumne Rural Fire Protection District, San Joaquin County, a political subdivision of the
State of California (hereinafter the "District") and the following cities, fire districts, and other
agencies (hereinafter individually the "Agency" and collectively the "Agencies"):
Clement Fire District
Collegeville Fire District
Liberty Fire District
Linden Peters Fire District
City of Lodi
Montezuma Fire Department
Waterloo Morada Fire District
Woodbridge Fire District
RECITALS:
WHEREAS, Provision of structural fire suppression and hazardous materials response is a
primary function of the Fire Department: and
WHEREAS, it is in the best interests that all Agencies to continue to work together to provide
applicable training and interoperable PPE and SCBA to the cities and districts, and persons served;
and
WHEREAS, the DISTRICT, in conjunction and consultation with the all participating agencies,
will host a regional Assistance to Firefighters Grant Proposal to the United States Department of
Homeland Security; and
WHEREAS, Department of Homeland Security Preparedness Directorate's Office of Grants and
Training may award the grant for an amount that will not exceed $1,465,598 total project cost.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. DISTRICT'S OBLIGATION
A. The District shall coordinate, plan, and purchase SCBA in accordance with appropriate
federal, state, and local laws, rules, and regulations.
B. The District shall coordinate with the grant program manager and appropriate vendors to
secure the equipment in accordance with local procurement procedures and Federal
purchasing guidelines.
C. Any unexpended dollar amounts contributed by an Agency will be returned to the Agency
within three months after the notice of completion for the project has been filed by the
District, or the project is declared abandoned by the District, whichever is earlier.
2. AGENCIES' OBLIGATION
A. The Agencies may assist in governing the dates, times and general parameters of the
SCBA specification and purchase.
B. The Agencies may provide technical input and requirements necessary to create an
effective SCBA program to meet their individual and collective needs.
C. The Agencies shall provide funding and resources necessary to complete the purchase
of the specified SCBA pursuant to the grant agreement documents with regards to local
matching funds and contractual services.
3. COST SHARING PLAN
In consideration of the foregoing, each Agency shall pay the District a share of the SCBA costs in
accordance with the Agency's cost sharing ratio as agreed utilizing Exhibit A attached to this
Memorandum of Understanding and incorporated by this reference.
4. PAYMENT PROVISIONS
Agencies agree to remit full payment of all invoices received from the District within 30 days of
receipt. Agencies agree that District may issue an invoice prior to delivery of products or services,
but not prior to actual award of contract. District may invoice Agencies for any portion, or the
entire amount, of their respective costs.
5. TERM OF THE AGREEMENT
This Agreement shall become effective as of August 1, 2018 and shall remain in effect for a period
of six (6) months after notice of completion of the project has been recorded by the Preparedness
Directorate's Office of Grant and Training
6. SEVERABILITY
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in
conflict with any law of a Federal, State or Local Government having jurisdiction over this
Agreement. the validity of the remaining portions or provisions shall not be affected thereby.
7. INDEMNIFICATION
Each Agency shall indemnify, defend, and hold harmless the District, its officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever (including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)
occurring or resulting to any and all persons, firms or corporations furnishing or supplying work,
services, materials, or supplies in connection with the performance of this Agreement, and from
any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation
for damage, injury, or death arising out of or connected with that Agency's performance of this
Agreement, unless such claims, liabilities, or losses arise out of the sole negligence or willful
misconduct of the District. "District's performance" includes District's action or inaction and the
action or inaction of District officers, employees, agents and subcontractors.
The District shall indemnify, defend, and hold harmless each Agency, their officers, agents, and
employees, from and against any and all claims, liabilities, and losses whatsoever (including
damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)
occurring or resulting to any and all persons, firms or corporations furnishing or supplying work,
services, materials or supplies in connection with the performance of this Agreement, and from
any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation
for damage, injury, or death arising out of or connected With the District's performance of this
Agreement, unless such claims, liabilities, or losses arise out of the sole negligence or willful
misconduct of the Agency or Agencies. "Agency's performance" includes Agency's action or
inaction and the action or inaction of Agency's officers, employees, agents and subcontractors.
8. INSURANCE
A. Without limiting Agency's or District's duty to indemnify, all Agencies and the District shall
maintain in force at all times during the performance of this Agreement a program of insurance
with the following minimum limits of liability:
1. Comprehensive general liability, including but not limited to premises, and operations,
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual
Liability, Independent Contractors, Products, and Completed Operations, with a combined
single limit for Bodily Injury and Property Damage of not less than $1,000,000 per
occurrence.
2. Comprehensive automobile liability insurance, covering all motor vehicles, including
owned, leased, non -owned and hired vehicles, used in providing services Under this
Agreement, with a combined single limit for Bodily Injury and Property Damage of not
less than $1,000,000 per occurrence.
3. Workers Compensation in accordance with California Labor Code section 3700 and with
Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident,
and $1,000,000 each disease.
B. In the event any Pasty is lawfully self-insured in any or all of the aforementioned insurance
areas. a letter certifying those areas of coverage, and in the minimum amounts as set forth in this
Agreement, shall be furnished upon request to the other parties prior to execution of this
Agreement.
9. GENERAL PROVISIONS
A. Project Governance The District shall govern the project to specify and purchase the
PPE and SBCB equipment. By a majority vote at a meeting at which a quorum of the
represented voting Agencies is present the project may be terminated and/or reconstituted
as directed by the approved motion.
B. Amendment. This Agreement may be amended or modified only by an instrument in
writing signed by all the Parties hereto.
C. Waiver. Any waiver of any terms and conditions hereof must be in writing and signed by
the Parties hereto. A waiver of any of the terms and conditions hereof shall not be construed
as a waiver of any other terms or conditions in this Agreement.
D. Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations
of the Parties hereunder, to the extent assignable or delegable, shall be binding upon and
inure to the benefit of the Parties and their respective successors, permitted assigns, and
heirs.
E. Compliance with Applicable Law. The Parties shall comply with all applicable federal,
state, and local laws, rules, and regulations in performing this Agreement.
F. Heading. The section and paragraph headings are for convenience only arid shall not be
used to interpret the terms of this Agreement.
G. Time is of the Essence. Time is of the essence in each and all of the provisions of this
Agreement.
H. Governing Law. This Agreement shall be governed by and interpreted under the laws of
the State of California. The venue for such actions shall be the County of San Joaquin,
California.
I. Construction of Agreement. The Parties agree that each Party has fully participated in the
review and revision of this Agreement and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the interpretation
of this Agreement or any amendment hereto.
J. Integration. This Agreement. including the exhibits hereto, shall represent the entire
Agreement between the Parties with respect to the subject matter hereof and shall supersede
all prior negotiations, representations, or agreements, either written or oral, between the
Parties as of the effective date hereof.
K. Notices. Notices required under this Agreement shall be delivered personally or by first-
class, postage pre -paid mail as indicated below the signatures of the Parties.
IN WITNESS WHEREOF, the District and each of the Agencies have caused this Agreement
to be executed by their duly authorized representative as of the day and year written above.
EXHIBIT A
PROJECT TOTAL: $1,465,598
FEDERAL SHARE: $1,332,362
LOCAL COST MATCH: $133,236
Total Cost for one SCBA unit: $5,855
Sales Tax: 9%: $526.95 per unit
Grant Management: $96.85 per unit
Total per unit cost share: NOT TO EXCEED $655.00
SIGNATURE PAGE
The Parties agree that this MOU may be executed in counterparts each of which is deemed
an original, and all such counterparts constitute one and the same agreement.
The undersigned hereby represent and warrant that they are authorized by the party they
purport to represent to execute this MOU.
IN WITNESS WHEROF the Parties listed above, first being duly authorized, have executed
this MOU as of the date and year stated herein.
MOKELUMNE RURAL FIRE DISTRICT
Dated: e--( d ' (v By:
FRANK RAMI EZ
EIN#: �I- (�tc6232
CITY OF LODI, a municipal corporation
Dated: By:
STEPHEN SCHWABAUER
City_ IVIonager
EIN# n000�3C�
Approved as to form:
JANICE D. MAGDICH
City Attorney, City of Lodi
By: 1,1
Dated ��I ���
Dated: el-(
WO BRIDGE FIRE DISTRICT
By:
Name:rg
EIN #: -[ ' LDC° 0
LIBERTY FIRE DISTRICT
By:
Name:
EIN#: COU -®f 7c2-:
Dated:
Dated:
SIGNATURE PAGE cont.
///
glen-�i�
jmot6/3
Dated: i -
Dated: 9.-g L
Dated:
LINDEN -PET S FIRE DISTRICT
By:
Name: 4 /4�/zs/.f4 c�
EIN #:
77-
COL EVILLE FIRE DISTRICT
By: :cam
F, JFC-t t SL
EIN#: 7j 7_ bS Ct' 6,7 C3
MONTEZUMA FRE DISTRICT
Name: Ems` ,- 1 4
EIN#: 94-(,, 0( 5 3
WATERL
DA FIRE DISTRICT
Name: 'Cp7r BloriJ
EIN#: 7-2.1967zyg
CLEMEN i FIRE DISTRI
By:
Name:1"
EIN#: I4 8,[222-4-
RESOLUTION NO. 2018-160
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORADUM OF UNDERSTANDING
BETWEEN CITY OF LODI, MOKELUMNE RURAL FIRE DISTRICT, CLEMENTS
FIRE DISTRICT, COLLEGEVILLE FIRE DISTRICT, LIBERTY FIRE DISTRICT,
LINDEN -PETERS FIRE DISTRICT, MONTEZUMA FIRE DEPARTMENT,
WATERLOO-MORADA FIRE DISTRICT, AND WOODBRIDGE FIRE DISTRICT
FOR THE PARTICIPATION IN AN ASSISTANCE TO FIREFIGHTERS GRANT
FOR THE PROCUREMENT OF SELF-CONTAINED BREATHING APPARATUS
WHEREAS, the City of Lodi is a public agency located in the County of San Joaquin,
State of California; and
WHEREAS, Mokelumne Rural Fire District, in conjunction and consultation with all
participating agencies, will host a regional Assistance to Firefighters Grant Proposal to the
United States Department of Homeland Security; and
WHEREAS, the Department of Homeland Security Preparedness Directorate's Office
of Grants and Training may award the grant for an amount that will not exceed $1,465,598
total project cost; and
WHEREAS, Mokelumne Rural Fire District will coordinate, plan, and purchase
self-contained breathing apparatus (SCBA) in accordance with appropriate federal, State,
and local laws, rules, and regulations. The City will provide funding and resources
necessary to complete the purchase of the specified SCBA. Each agency will pay the
District a share of the SCBA costs in accordance with the agency's cost sharing ratio; and
WHEREAS, the term of the agreement is effective August 1, 2018, and will remain in
effect for a period of six (6) months after notice of completion of the project has been recorded
by the Preparedness Directorate's Office of Grants and Training.
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, Mokelumne Rural Fire District, Clements Fire District, Collegeville Fire District, Liberty Fire
District, Linden -Peters Fire District, Montezuma Fire Department, Waterloo-Morada Fire District,
and Woodbridge Fire District for the participation in an Assistance to Firefighters Grant for the
procurement of self-contained breathing apparatus.
Dated: August 28, 2018
I hereby certify that Resolution No. 2018-160 was passed and adopted by the City
Council of the City of Lodi in a special meeting held August 28, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
NNI E" IR1101O
City Clerk
2018-160