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HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-16TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C1b 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 the Assistance to Firefighters Grant for the Procurement of Self -Contained Breathing Apparatus (SCBA) and Further Appropriating Funds ($30,000) MEETING DATE: November 7, 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 the Assistance to Firefighters Grant for the Procurement of Self -Contained Breathing Apparatus (SCBA) and further appropriating funds. 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 the 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 $2,000,000 total project cost. The host agency will coordinate, plan, and purchase SCBA in accordance with appropriate federal, state, and local laws, rules, and regulations. Each agency will pay the District a share of the SCBA costs in accordance with the agency's cost-sharing ratio. For the past four years the Lodi Fire Department has been transferring a portion of their operating budget into the equipment replacement fund in anticipation of the purchase of new SCBA's. Contingent upon the grant award and to satisfy the City's 10 percent matching requirement, staff recommends council appropriate $30,000 from the equipment replacement fund 40199000.77030 for the funding and resources necessary to complete their portion of the purchase of the specified SCBA, not to exceed $30,000. The term of the MOU is from November 7, 2018 and will remain in effect through December 31, 2019 and after notice of completion of the project has been recorded by the Preparedness Directorate's Office of Grant and Training. APPROVED: Wpwo,#I 4610 Step - chwab- - r, City Manager 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 for the participation in the Assistance to Firefighters Grant for the procurement of Self -Contained Breathing Apparatus (SCBA) and further appropriating funds. FISCAL IMPACT: FUNDING AVAILABLE: Attachment $30,000 Equipment Replacement Fund 40199000.77030 4/.0 )6,1, Andrew Keys, DepJty City Manager/Internal Services Director ene Stoddart, re Chie 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 7th day of November, 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"): Clements Fire District Collegeville Fire District Liberty Fire District Linden Peters FireDistrict 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 $2,000,000 total project cost. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. DISTRICT'S OBLIGATION 2. 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. The District shall be responsible for all fiscal reporting requirements in accordance with the FEMA grant guidelines. D. 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. 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. D. The Agencies shall adhere to the grant participants Policy and Procedure utilizing Exhibit B attached to this Memorandum of Understanding and incorporated by this reference. 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. + ROY[ ONS 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 November 7, 2018 and shall remain in effect through December 31, 2019 and 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. IPIDF.MNiFICA170N 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. VISURANCE 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 Party 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 SCBA 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. SuccessQrs 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. [Balance of this page is intentionally left blank. Signatures follow] 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 WHEREOF 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: By: FRANK RAMIREZ EIN # 61-1745632 CITY OF LODI, a municipal corporation Dated: By: Approved as to form: JANICE MAGDICH City Attorney, City of Lodi By: STEPHEN SCHWABAUER, City Manager EIN # 94-6000361 Attest: City Clerk WOODBRIDGE FIRE DISTRICT Dated: By: STEVE BUTLER EIN # 94-6000531 LIBERTY FIRE DISTRICT Dated: By: STAN SEIFERT EIN # 94-6030019 SIGNATURE PAGE cont. LINDEN -PETERS FIRE DISTRICT Dated: By: KIRK NOFFSINGER EIN # 77-0551389 COLLEGEVILLE FIRE DISTRICT Dated: By: DENNIS FAIST EIN # 51-0596753 MONTEZUMA FIRE DISTRICT Dated: By: ED MARTEL EIN # 94-6000531 WATERLOO-MORADA FIRE DISTRICT Dated: _ By: SCOTT BYOUS EIN # 54-2196248 CLEMENTS FIRE DISTRICT Dated: By: DAVID INGRUM EIN # 94-1612224 EXHIBIT A PROJECT TOTAL: Not to exceed $2,000,000 FEDERAL SHARE: $1,203,657 LOCAL COST MATCH: $120,366 Total Cost for one SCBA unit: $6530 Sales Tax: 8.75%: $571 per unit Grant Management: $106.51 per unit Total per unit cost share: NOT TO EXCEED $816.61 NORTH SAN JOAQUIN COUNTY SCBA GROUP POLICY & PROCEDURE EXHIBIT B Purpose: To establish an annual schedule for all participating agencies within the group, to receive the Fit Tester. Policy: This policy is written in recognition of your department's participation in the 2018 Assistance to Firefighter Grant. The grant provided for new high pressure Self Contained Breathing Apparatus for the agencies as well as a fit tester. This equipment provides true interoperability for the nine participation agencies which includes the following; Mokelumne Fire District (grant host) Waterloo-Morada Fire District Linden -Peters Fire District Clements Fire District Woodbridge Fire District Liberty Fire District Collegeville Fire District Montezuma Fire District City of Lodi Fire Department Guidelines: 1) Fit Tester/Computer (when purchased) The Fit Tester/Computer will be kept with the Mokelumne Fire District while not in use by other agencies and should be returned by each agency upon completion of their annual fit testing. Each agency shall have priority of use during their scheduled period of time to conduct required annual fit testing. An agency may also use the Fit Tester/Computer as needed, outside of their scheduled annual fit testing. To do so, a request must be made through an SCBA maintenance person with the Mokelumne Fire District or the agency that is currently using the fit tester/computer. The Fit Tester shall be calibrated annually. The calibration will be done during the month of December. Mokelumne Fire District shall coordinate this maintenance and cost will be shared by participating agencies. All districts shall be billed (1/9) one -ninth share. Agencies agree to cover their share in purchase and replacement of the computer that will need to be upgraded/replaced on an as needed basis about every five years. If an agency owns its own fit tester/computer, they will be excluded from use and costs associated with Fit tester/computer and total percentage will be recalculated amongst remaining grant participants. NORTH SAN JOAQUIN COUNTY SCBA GROUP POLICY & PROCEDURE EXHIBIT B It is the responsibility of the agency using the Fit Tester to use diligent care in their handling and use of the equipment. Each agency shall be responsible for the cost of repairs and/or replacement of damaged or lost equipment while the equipment is in their possession. A check list shall be used and include a signature of acceptance for the transfer of the equipment. It is the responsibility of each agency to check for damage prior to accepting the Fit Tester from another agency. Once the equipment is accepted, the responsibility for repair and/or replacement of damaged or lost equipment is transferred to the receiving agency. FIT TESTER ANNUAL SCHEDULE: JANUARY — FEBRUARY CITY OF LODI MARCH WOODBRIDGE APRIL LIBERTY MAY CLEMENTS JUNE MOKELUMNE JULY LINDEN -PETERS AUGUST WATERLOO MORADA SEPTEMBER MONTEZUMA OCTOBER COLLEGEVILLE DECEMBER ANNUAL CALIBRATION 2) Flow Tester (When purchased) The Flow Tester will be kept with the Mokelumne Fire District while not in use by other agencies and should be returned by each agency upon completion of their annual flow testing. Each agency shall have priority of use during their scheduled period of time to conduct required annual flow testing. An agency may also use the Flow Tester as needed, outside of their scheduled annual flow testing. To do so a request must be made through an SCBA maintenance person with the Mokelumne Fire District or the agency that is currently using the flow tester. The Flow Tester shall be calibrated annually. The calibration will be done during the month of December. Mokelumne Fire District shall coordinate this maintenance and cost will be shared by participating agencies. The districts that use the Flow Tester shall pay (1/9) one -ninth of the total cost. If an agency owns its own flow tester, they will be excluded from use and costs associated with Flow tester and total percentage will be recalculated amongst remaining grant participants. NORTH SAN JOAQUIN COUNTY SCBA GROUP POLICY & PROCEDURE EXHIBIT B It is the responsibility of the agency using the Flow Tester to use diligent care in their handling and use of the equipment. Each agency shall be responsible for the cost of repairs and/or replacement of damaged or lost equipment while the equipment is in their possession. A check list shall be used and include a signature of acceptance for the transfer of the equipment. It is the responsibility of each agency to check for damage prior to accepting the Flow Tester from another agency. Once the equipment is accepted, the responsibility for repair and/or replacement of damaged or lost equipment is transferred to the receiving agency. FLOW TESTER ANNUAL SCHEDULE: N/A CITY OF LODI N/A WOODBRIDGE APRIL MONTEZUMA MAY LIBERTY JUNE CLEMENTS JULY MOKELUMNE OCTOBER LINDEN -PETERS SEPTEMBER WATERLOO MORADA OCTOBER COLLEGEVILLE DECEMBER ANNUAL CALIBRATION NORTH SAN JOAQUIN COUNTY SCBA GROUP POLICY & PROCEDURE EXHIBIT B SIGNATURE PAGE: Frank Ramirez Fire Chief Mokelumne Fire Dist Kirk Noffsinger Fire Chief Linden -Peters Fire Dist Steve Butler Fire Chief Woodbridge Fire Dist Dave Ingrum Fire Chief Clements Fire Dist Ed Martel Fire Chief Montezuma Fire Dist Stan Seifert Fire Chief Liberty Fire Dist Dennis Faist Fire Chief Collegeville Fire Dist Gene Stoddart Fire Chief City of Lodi Fire Department Date Date Date Date Date Date Date Date NORTH SAN JOAQUIN COUNTY SCBA GROUP POLICY & PROCEDURE EXHIBIT B Steven Henry Fire Chief Waterloo Morada Fire Dist Date RESOLUTION NO. 2018-208 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; AND FURTHER APPROPRIATING FUNDS 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 $2,000,000 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, contingent upon the grant award and to satisfy the City's 10 percent matching requirement, staff recommends City Council approve appropriating $30,000 from the equipment replacement fund 40199000.77030 for the funding and resources necessary to complete their portion of the purchase of the specified SCBA, not to exceed $30,000; and WHEREAS, the term of the agreement is effective November 7, 2018, through December 31, 2019, and after notice of completion of the project has been recorded by the Preparedness Directorate's Office of Grant 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; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an appropriation of funds in the amount of $30,000 for the funding and resources necessary to complete the City's portion of the purchase of the specified SCBA, as set forth above. Dated: November 7, 2018 hereby certify that Resolution No. 2018-208 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 7, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None 2018-208 ity Clerk c\ii_,U\ACtiCrA FEI RA OLO