HomeMy WebLinkAboutAgenda Report - August 5, 2020 C-09AGENDA ITEM c-q
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding Between the City of Lodi, Mokelumne Rural Fire District, and
Liberty Fire District for the Purpose of Receiving, Administering, and Accounting of
the California Office of Traffic Safety Grant Funds to Support Regional Collision
Response and Extrication lmprovement
August 5,2020
Fire Chief
RECOMMENDED AGTION: Adopt resolution authorizing the City Manager to execute a
Memorandum of Understanding (MOU) between the City of Lodi,
Mokelumne Rural Fire District, and Liberty Fire District for the
purpose of receiving, administering, and accounting of the California Office of Traffic Safety grant funds
to support regional collision response and extrication improvement.
BACKGROUND INFORMATION: The purpose of the MOU is to clearly identify the roles and
responsibilities of each party thereto as they relate to the State of
California Office of Traffic Safety (OTS) Grant No. EM21014 known
as the "Regional Collision Response and Extrication lmprovement Program (OTS Grant)". The MOU is
intended to establish a list and description of equipment to be purchased with OTS Grant funds, provide
an explanation of the submission of data collection and quarterly reporting, provide for the responsibility
of maintaining the equipment, and provide for the yearly reporting of fair market value of the equipment.
ïhe OTS Grant funds will be expended by Mokelumne Rural Fire Ðistrict, as the lead agency for the OTS
Grant, to purchase equipment for each of the parties to the MOU to assist with regional collision
response and extrication. The regional fire departments/districts benefiting from the OTS Grant are the
parties to the MOU.
Equipment to be purchased includes three (3) Edraulic Extrication System used for vehicle extrications
(one for each fire agency).
The term of the MOU is from October 1,2020 through September 30,2021. The parties shall not be
liable for any costs or expenses incurred by any other party as the result of the MOU, including but not
limited to, the cost of training and equipment except as specifically set forth in the MOU.
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, and Liberty Fire District.
FISCAL IMPACT: There is no cost to the City.
FUNDING AVAILABLE: OTS Grant
Gene Stoddart, Fire Chief
e'1"¡"þ
Attachment
APPROVED:
Schwa , City Manager
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MEMORANDUM OF UNDERSTANDING
FOR REGIONAL COLLISION RESPONSE AND EXTRICATION IMPROVEMENT
PROGRAM State of California - Office of Traffic Safety Grant
(October 1, 2020 - September 30, 2021)
I.Declaration
This Memorandum of Understanding ("MOU"), is entered into and effective as of October
1, 20 20, by and between Mokelumne Rural Fire District ("Mokelumne Fire"), City of Lodi
("Lodi"), and Liberty Fire District ("Liberty FD") (collectively referred to as "Parties"), for the
purpose of receiving, administering, and accounting available California Office of Traffic
Safety grant funds to support regional collision response and extrication improvement.
Distributed funds can only be used for collision response and extrication trai ning and
equipment expenses incurred by the Parties.
II.Purpose
(a)The purpose of this MOU is to clearly identify the roles and responsibilities of each
party hereto as they relate to the State of California Office of Traffic Safety ("OTS")
Grant Number EM21014 known as the "Regional Collision Response and Extrication
Improvement Program " (the "OTS Grant "). This MOU is intended to: (i) establish a
list and description of equipment to be purchased with OTS Grant funds; (ii) provide
an explanation of the sub mission of data collection and quarterly reporting; (iii)
provide for the responsibility of maintaining the equipment; and (iv) provide for the
yearly reporting of fair market value of the equipment.
(b)The OTS Grant funds will be expended by Mokelumne Fire , as the lead agency for
the OTS Grant, to purchase equipment for the Parties to assist with regional collision
response and extrication. The regional fire departments/districts benefiting from the
OTS Grant are the Parties to this MOU.
Ill. Duties and Responsibilities
(a)Mokelumne Fire, as the lead agency for the OTS Grant, shall undertake the following
activities: (i) purchase the equipment described in Exhibit A , attached hereto and
made a part hereof , with OTS Grant funds (the "Equipment") and deliver the same to
each of the Parties; (ii) file all claims and quarterly reports as may be required by the
OTS; (iii) file the final report with OTS; and (iv) complete and submit the final OTS
Grant report, along with any all documentation requested by OTS. Further,
Mokelumne Fire agrees that it will comply with all of the terms and conditions of the
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Grant Agreement (Grant No . EM21014), attached hereto as Exhib it Band made a
part hereof .
(b)Each of the Parties, as recipients under the OTS Grant, shall undertake the following
activities: (i) train the appropriate employees of their respect ive agency in the use of
the Equipment; (ii) provide data on usage of the Equipment to Mokelumne Fire as
requested; (iii) complete at least one (1) public demonstrat ion or public showing (e.g.
a public safety fair, open house, ect.) of the Equipment no later than March 31, 2021;
and (iv) maintain the Equipment for the life of the OTS Grant and for the useful life of
the Equipment, including preventative maintenance , and not if y Mokelumne Fire in
the event of any loss or damage to the Equipment.
IV.General Provisions
a.Term. The term of this MOU shall be from October 1, 2020 through and
including September 30, 2021.
b.Costs . The Parties shall not be liable for any costs or expenses incurred by any
other party as the result of this MOU, including but not limited to, the cost of
training and equipment except as specifically set forth herein.
c.Mutu al Indemnification. Each party hereto agrees to indemnify , defend, and hold
harmless the other party , its elected and appointed officia ls, officers, agents, and
employees, to the extent permitted by applicable law, from and against all claims
and/or losses whatsoever accruing or resulting from any person , firm, or
corporation from damages, injuries, or death incu rred by reason of any act or
failure to act by any party hereto or its elected and appointed officials, officers,
agents , and employees in connection with the performance of this MOU.
d.Applicable Law. This MOU shall be governed by the laws of the State of
California.
e.Severability. The invalidity in whole or in part of any provis ions of this MOU shall
not void or affect the validity of any other provision of this MOU.
f.Captions. The captions of the sections and subsections of this MOU are for
convenience only and shall not be deemed to be relevant in resolving any
questions of interpretation or intent.
g.Entire Agreement. This MOU represents the entire and integrated agreement
between the Parties and supersedes all prior negotiations, representations, or
agreement, either written or oral. This MOU may be amended only by written
instrument signed by all of the Parties.
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V.Notice
Any written notice to be given to the Parties in connection with this MOU may be
affected by personal delivery or by prepaid overnight or certified mail and shall be considered
effectively tendered upon actual receipt by the party. Mailed notices shall be addressed as set
forth below:
Mokelumne Fire: Chief Frank Ramirez
Mokelumne Rural Fire District
13157 E. Brandt Road
Lockeford, CA 95237
Lodi:
Liberty FD:
Chief Gene Stoddart
Lodi Fire Department
21O West Elm Street
Lodi, CA 95240
Chief Stan Seifert
Liberty Fire District
24124 N Bruella Rd
Acampo, CA 95220
VI.Counterparts and Authority to Sign
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: ___________________________ By: _________________________________
FRANK RAMIREZ
Fire Chief
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(Signatures continued)
CITY OF LODI, a municipal corporation
Dated: ___________________________ By: _________________________________
STEPHEN SCHWABAUER
City Manager
Approved as to form: ATTEST:
JANICE D. MAGDICH
City Attorney, City of Lodi
_________________________________
JENNIFER CUSMIR
City Clerk
By: ___________________________
LIBERTY FIRE DISTRICT
Dated: ___________________________ By: _________________________________
Name: ______________________________
Title: ________________________________
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MEMORANDUM OF UNDERSTANDING
FOR REGIONAL COLLISION RESONSE AND EXTRICATION
IMPROVEMENT PROGRAM
Exhibit A
Equipment
One (3) Edraulic Extrication Systems Each system is comprised
of:1 Cutter, #1 110v Charger and 2 EXL Batteries
1 Spreader, #1 110v Charger and 2 EXL Batteries
1 Ram, #1 110v Charger and 2 EXL Batteries
RESOLUTTON NO. 2020-166
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, AND
LIBERTY FIRE DISTRICT FOR THE PURPOSE OF RECEIVING,
ADMlNISTERING, AND ACCOUNTING OF THE CALIFORNIA OFFICE
oF TRAFFTC SAFETY (OTS) GRANT FUNDS TO SUPPORT REGTONAL
COLLISION RESPONSE AND EXTRICATION IMPROVEMENT
WHEREAS, the City of Lodi is a public agency located in the County of San Joaquin, State
of California; and
WHEREAS, Office of Traffic Safety (OTS) Grant funds will be expended by Mokelumne
Rural Fire District, as the lead agency for the OTS Grant, to purchase equipment for each of the
parties to the MOU to assist with regional collision response and extrication; and
WHEREAS, the purpose of the MOU is to clearly identify the roles and responsibilities of
each party thereto as they relate to OTS Grant No. EM21014; and
WHEREAS, the MOU is intended to establish a list and description of equipment to be
purchased with OTS Grant funds, provide an explanation of the submission of data collection and
quarterly reporting, provide for the responsibility of maintaining the equipment, and provide for
the yearly reporting of fair market value of the equipment; and
WHEREAS, as a recipient, the City will receive one (1) Edraulic Extrication System; and
WHEREAS, the term of the agreement is effective October 1, 2020 through
September 30,2021.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute the Memorandum of Understanding between the City of Lodi,
Mokelumne Rural Fire District, and Liberty Fire District forthe purpose of receiving, administering,
and accounting of the California Office of Traffic Safety grant funds to support regional collision
response and extrication improvement; and
BE lT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above-referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
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I hereby certify that Resolution No. 2020-166 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held August 5,2020 by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Nakanishi, and Mayor Kuehne
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Mounce
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
ENNI
City Clerk
2020-166
CUSMIR