HomeMy WebLinkAboutAgenda Report - August 18, 2021 C-13AGENDA ITEM
C43
CITY OF LODI
COUNCIL COMMUNICATION
TM
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 $16,072
MEETING DATE:
PREPARED BY:
August 18, 2021
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 in the amount
of $16,072.
BACKGROUND INFORMATION: The Fire Department currently has five vacant positions. One
position is currently being filled by a separated member in good
standing returning to the Lodi Fire Department after eight months
of separation. This leaves four vacant positions. The Stockton Regional Fire Academy is scheduled to
begin the 21-1 Fire Academy September 1, 2021. It is Fire Staffs recommendation that we move
forward with the hiring of the four candidates currently on the lateral firefighter eligibility list and enroll
these four recruits in the 21-1 fire academy. Tuition fees must be paid prior to the start of the 21-1 Fire
Academy. Fire can reduce the number of recruits in the Fire Academy with no financial impact if the
cancellation notification is provided twenty-four (24) hours in advance of the official start date of the Fire
Academy.
FISCAL IMPACT: The cost per recruit for the Stockton Regional Fire Academy is
$3,518 per recruit. Additional cost for certifications will be incurred
to a maximum of $500 per recruit. The total cost for four recruits
is $16,072.
FUNDING AVAILABLE:
APPROVED:
Fire Operations 10041000.72358
Andrew Keys
Andrew Keys, Deputy City Manager
9e0jL
AeRfeth Johnson, Fire Chief
Steve
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 (RECRUITS.) 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 a forty-nine day 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 September 1, 2021, through
February 28, 2022.
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 OFTRAINlN,,,G,. In conjunction with LODI, STOCKTON will be
hosting afire 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 three -thousand,
five hundred and eighteen dollars ($3,518) per RECRUIT attending the academy. In
addition, LODI will pay for all applicable certificates (not to exceed $500 per RECRUIT).
Payment is required prior to any recruit participating in the academy and no refunds will
be available, irrespective of RECRUIT completing the academy.
8. NUMBER OF RECRUITS. LODI agrees to commit to four (4) RECRUITS for the
upcoming 2021-2 Fire Academy. In the event the number of RECRUITS is less than four
(4) as the result of circumstances beyond LODI's control, e.g., background check failure
resignation for employment with LODI, and STOCKTON is notified of the such at least
24 -hours prior to commencement of the academy, LODI will not incur any of the charges
set forth in Paragraph 7.
9. LODI'S RESPONSIBILITY. LODI will provide personal protective equipment for
each RECRUIT equal to or greater in quality and protection than that of 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.
LOBI also agrees to provide the subscription or printed materials, if needed, for the
instruction of their RECRUITS.
10. ACCEPTANCE OF LIABILITY. LODI has inspected/has had the opportunity
to inspect the FACILITIES and agrees said FACILITIES are acceptable. LODI accepts
sole responsibility for recruits, 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 FACILTIES and STOCKTON's tools and apparatus arising from
Memorandum of Understanding - Fire Training Facility Use
Between the City of Lodi and the City of Stockton
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.HO-LD 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:
STOCKTON: LODI:
Harry Black, City Manager Chief Ken Johnson
City of Stockton Lodi Fire Department
425 N. EI Dorado Street, 2nd Floor 25 East Pine Street
Stockton, CA 95202 Lodi, CA 95240
14. GOVERNING LAW. California law shall govern any legal action pursuant to
this Agreement with venue for all claims in the Superior Court of the County of San
Joaquin, Stockton Branch.
15. SEVERABILITY_ If any provision of this MOU is found unenforceable,
then the remaining provisions shall remain valid and enforceable.
16. 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.
17. TERMINATION FOR CONVENIENCE. This MOU may be terminated at any
time with or without cause by either party upon thirty (30) days' written notice.
Memorandum of Understanding - Fire Training Facility Use
Between the City of Lodi and the City of Stockton
CITY OF LODI, a Municipal Corporation
L3'1
CITY OF STOCKTON, a Municipal Corporation
BY:
STEPHEN SCHWABAUER HARRY BLACK
City Manager City Manager
ATTESTS ATTEST:
BY: BY:
JENNIFER CUSMIR
City Clerk
APPROVED AS TO FORM:
BY:
JANICE D. MAGDICH
City Attorney, City of Lodi
ELIZA GARZA
City Clerk
APPROVED AS TO FORM:
JOHN M. LUEBBERKE
City Attorney, City of Stockton
BY:
MARCIARREDONDO
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. 2021-233
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 Lodi Fire Department currently has five vacant positions. One position is
currently being filled by a separated member in good standing returning to the Lodi Fire
Department after eight months of separation; and
WHEREAS, it is staff's recommendation that the City move forward with the hiring of the
four candidates currently on the lateral firefighter eligibility list and enroll these four recruits in the
21-1 Fire Academy; and
WHEREAS, tuition fees in the amount of $16,072 must be paid prior to the start of the
21-1 Fire Academy.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute an MOU for fire training facility use between the City of Lodi and the
City of Stockton, in the amount of 16,072; and
BE IT 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.
Dated: August 18, 2021
------------------------------------------------------------------------
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I hereby certify that Resolution No. 2021-233 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held August 18, 2021 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Kuehne
ABSTAIN: COUNCIL MEMBERS — None
1'4��
JENNIF CUSMIR
City Clerk
2021-233