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HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-18CITY 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: November 7, 2018 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 six entry- level fire personnel from the period of November 19, 2018 through May 31, 2019. Stockton has agreed to host this training academy at its training facilities, as well as provide 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: FUNDING AVAILABLE: Lodi Fire Department agrees to pay the City of Stockton $5,250 per recruit attending the academy for cost of the training program. In addition to the cost, Lodi agrees to reimburse Stockton 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. Not to exceed $35,700 from Fire Administration: 10040001.72352 tr‘rj /-6,1 Andrew Keys Deputy City Manager/Internal Services Director Ge Stoddart Fire Chief Attachment A — Memorandum of Understand Fire Training Facility Use APPROVED: VOMIT4, Stephe Schwab 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 , by and between the City of Lodi, a municipal corporation ("LODI") and the City of Stockton, a municipal corporation ("STOCKTON"). I. 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 November 19, 2018 through May 31, 2019. STOCKTON has agreed to host this training academy at FACILITIES as well as provide joint oversight of the training in conjunction with LODI. II. TERMS AND CONDITIONS 1. Training. LODI will be permitted to use the FACILITIES on a non-exclusive basis for the STOCKTON fire training academy. 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 November 19, 2018 through May 31, 2019. 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 will provide the classrooms, training grounds, tools, and apparatus to LODI for the STOCKTON fire training academy contemplated under this MOU. Memorandum of Understanding — Fire Training Facility Use Between the City of Lodi and the City of Stockton 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 $5,250 (five -thousand, two hundred and fifty 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. Number of Recruits. LODI agrees to commit to six (6) recruits for the upcoming 18- 19 Fire Academy. 9. Responsibility of LODE. 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 Memorandum of Understanding — Fire Training Facility Use Between the City of Lodi and the City of Stockton 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. 10. 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 Toss 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 FACILTIES and STOCKTON's tools and apparatus arising from the use of FACILITIES pursuant to this MOU. 11. Insurance Requirement. LODI will provide liability insurance information in the form required by STOCKTON's Risk Management division prior to the start of the fire training academy. 12. 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, judgements, 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. 13. Notices. All notices required by this MOU shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: Memorandum of Understanding — Fire Training Facility Use Between the City of Lodi and the City of Stockton To Stockton: Kurt Wilson, City Manager 425 N. El Dorado Street, 2nd Floor Stockton, CA 95202 To Lodi Chief Gene Stoddart 210 W Elm Street Lodi, CA 95240 14. Entire Agreement. This MOU represents the entire understanding of LODI and STOCKTON 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. This MOU may be terminated at any time with or without cause by either party upon thirty (30) days' written notice.) CITY OF LODI, CITY OF STOCKTON, a Municipal Corporation a Municipal Corporation BY: BY: STEPHEN SCHWABAUER KURT O. WILSON City Manager City Manager ATTEST: BY: ATTEST: BY: JENNIFER M. FERRAIOLO BONNIE PAIGE City Clerk City Clerk Approved as to form: JANICE D. MAGDICH City Attorney, City of Lodi Approved as to form: JOHN M. LUEBBERKE City Attorney, City of Stockton BY: BY Funding Source: 10040001.72352 TARYN N. JONES Deputy City Attorney, City of Stockton Memorandum of Understanding — Fire Training Facility Use Between the City of Lodi and the City of Stockton Exhibit A The City of Stockton Fire Department conducts their fire academy training primarily at the following locations: Station 2 — 110 West Sonora Street, Stockton CA 95203 Station 4 — 5525 Pacific Avenue, Stockton, CA 95207 Additional locations will be used from time to time for specialized training. The locations are not limited to those listed in this Exhibit. Memorandum of Understanding — Fire Training Facility Use Between the City of Lodi and the City of Stockton RESOLUTION NO. 2018-210 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR FIRE TRAINING FACILITY USE BETWEEN THE CITY OF LODI AND THE CITY OF STOCKTON 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 these training facilities for the purpose of providing fire training academy for its incoming entry-level fire personnel for the period of November 19, 2018 through May 31, 2019; and WHEREAS, the City of 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; and WHEREAS, the Memorandum of Understanding (MOU) allows the City of Lodi Fire Department to be permitted to use 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 $5,250 per recruit attending the academy for the cost of the training program, as well as any costs for certificates. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Memorandum of Understanding for fire training facility use between the City of Lodi and the City of Stockton. Dated: November 7, 2018 I hereby certify that Resolution No. 2018-210 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 NIFER ERRAIOLO City Clerk 2018-210