Loading...
HomeMy WebLinkAboutAgenda Report - January 4, 2023 C-10CITY OF ALP ;; L �Sr • z CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM Co to 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 for the Period of January 1, 2023 through December 31, 2025 (Not To Exceed $300,000) and Enter Into 23-1 Fire Academy MEETING DATE: PREPARED BY: January 4, 2023 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 for the period of January 1, 2023 through December 31, 2025 (Not To Exceed $300,000) and enter into 23-1 Fire Academy. BACKGROUND INFORMATION- The Lodi Fire Department (LFD) utilizes Stockton Fire Department to host fire academies to train new recruits. LFD would like to enter a multi-year MOU with the City of Stockton effective January 1, 2023 through December 31, 2025. LFD currently has 10 vacant positions and anticipates 14 vacancies early in 2023. The Stockton Regional Fire Academy is scheduled to begin the 23-1 Fire Academy February 1, 2023. It is Fire Staff's recommendation that we move forward with sending ten candidates currently on the entry firefighter eligibility list and enroll these recruits in the 23-1 fire academy. Tuition fees must be paid prior to the start of the 23-1 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 $6,950 per recruit. Additional cost for certifications will be incurred to a maximum of $500 per recruit. The total cost for ten recruits is $74,500. FUNDING AVAILABLE: 10341000.72358 Measure L Q X ghj Andrew Keys Deputy City Manager/Internal Services Director eeel7gth ;V0 _1fdn1r Kenneth W Johnson (Dec 21, 202215:)7_ PST) Kenneth Johnson Fire Chief APPROVED: Stev •-111,U .. ?[I' ;7'R PST' Stephen Schwabauer, 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 a municipal corporation ("LODI") ("STOCKTON"). , by and between the City of Lodi, and the City of Stockton, a municipal corporation 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. ILTERMS AND CONDITIONS 1. TRAINING. LODI will be permitted to use the FACILITIES on a non-exclusive basis for the purposes of participating in a 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 January 1, 2023, through December 31, 2025. The term of the MOU may be extended by written amendment executed by both parties. 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 for RECRUIT use in the STOCKTON fire training academy contemplated under this MOU. 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 (SCBA) Climbing and Lifting Use of Ladders Riding on Apparatus Driving on Apparatus Using Tools Exposure to Heavy Machinery Live Fire Scenarios Emergency Medical Procedures Classroom Activities Rescue Systems Training 7. COST AND MATERIALS. LODI agrees to pay STOCKTON six -thousand nine hundred fifty dollars ($6,950) 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 (not to exceed $300,000 over two year term). 8. PRICE INCREASE. Prior to the start of new academy, should it become necessary to increase the amounts identified in Section 7, Cost and Materials, STOCKTON will provide LODI written notification as soon as reasonably possible. Price increases must be agreed to by written amendment and no payment for additional materials or services, beyond the amount stipulated in Section 7, Cost and Materials, shall be paid without a written amendment signed by both parties. 9. NUMBER OF RECRUITS. Thirty (30) days prior to the start of a Fire Academy, LODI shall provide STOCKTON written notification of the number of expected RECRUITS attending the Fire Academy. In the event the number of RECRUITS is less than the number of expected RECRUITS provided by LODI as the result of circumstances beyond LODI's control, e.g., background check failure or resignation for employment with LODI, and STOCKTON is notified of such at least 24 -hours prior to commencement of the academy, LODI will not incur any of the charges set forth in Section 7, Cost and Materials, for those unused spaces. If the number of RECRUITS is less than the expected number provided by LODI for any other reason, or if the reduced number of RECRUITS due to circumstances beyond LODI's control is not communicated to STOCKTON at least 24 - hours prior to commencement of the academy, then LODI shall be responsible for the $6,950 per -RECRUIT charge for each unused space. 10. 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 also agrees to provide the subscription or printed materials, if needed, for the instruction of their RECRUITS. LODI will make an apparatus available for academy use on days manipulative skills are performed. 10.1 LODI agrees that in the event they provide at least three (3) but no more than seven (7) RECRUITS for an academy, LODI will provide one (1) dedicated and qualified fire instructor for the duration of the academy to assist STOCKTON in the delivery of training for all attendees, as agreed upon between LODI and STOCKTON. 10.2 LODI agrees that in the event they provide at least eight (8) but no more than twelve (12) RECRUITS for an academy, LODI will provide two (2) 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. 10.3 LODI agrees that in the event they provide at least thirteen (13) but no more than seventeen (17) RECRUITS for an academy, LODI will provide three (3) 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. Seventeen (17) shall be the maximum number of RECRUITS provided by LODI unless authorized by written amendment signed by both parties. 11. INDEMNIFICATION AND ACCEPTANCE OF LIABILITY. To the fullest extent permitted by law, LORI shall hold harmless, defend at its own expense, and indemnify STOCKTON, its officers, officials, employees, age_n#s, and volunteers, againstany and all liability, claims losses damages, or expenses, including reasonable attorney's fees arisinq from all acts or omissions of LODI or its officers—agents, or employees, including RECRUITS in their use of the FACILITIES or otherwise partictgiffl in STOCKTON's training academy, excluding, however, such liability, claims, losses, damages, or expenses arising from STOCKTON's sole negligence. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of 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 or otherwise participating in STOCKTON's training academy pursuant to this MOU. 12. INSURANCE REQUIREMENT. During the term of this MOU, LODI shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this MOU and shall otherwise comply with the other provisions of Exhibit B to this MOU. 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 Ken Johnson, Fire Chief City of Stockton Lodi Fire Department 425 N. EI Dorado St., 2nd Floor 210 W. Elm St. 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. 18. PRO -RATA REFUND. In the event this MOU is terminated for convenience, STOCKTON shall pay LODI a pro -rated amount of all fees paid to STOCKTON less any non-refundable materials purchases. Funds paid to STOCKTON shall be deemed earned at an equal rate per day. The amount due to LODI shall be calculated by the number of full days remaining on the MOU, excluding federal holidays. CITY OF LODI, a Municipal Corporation By: Ken Johnson Fire Chief ATTEST: By: OLIVIA NASHED City Clerk APPROVED AS TO FORM: By: JANICE D. MAGDICH City Attorney, City of Lodi G� CITY OF STOCKTON, a Municipal Corporation By-, HARRY BLACK City Manager ATTEST: By: ELIZA GARZA City Clerk APPROVED AS TO FORM: LORI M. ASUNCION City Attorney, City of Stockton By: Ryan Meyerhoff Deputy City Attorney, 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. Exhibit B: Insurance Re uirements (Fire Academy) LODI shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by LODI, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if LODI has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability/Errors and Omissions insurance appropriates to LODI's profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. If LODI maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by LODI. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of LODI including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to LODI's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage For any claims related to this contract, LODI's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of LODI's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting LODI's insurance coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy LODI may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until LODI's primary and excess liability policies are exhausted. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton. Waiver of Subrogation LODI hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of LODI may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. LODI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require LODI to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of LODI or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due LODI to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, LODI must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage LODI shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive LODI's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Subcontractors LODI shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and LODI shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. Duration of Coverage CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Special Risks or Circumstances City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder Address The address for mailing certificates, endorsements and notices shall be: City of Stockton Its Officers, Officials, Employees, and Volunteers 400 E Main Street, 3rd Floor — HR Stockton, CA 95202 RESOLUTION NO. 2023-06 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 AND ENTER INTO THE 23-1 FIRE ACADEMY WHEREAS, the Lodi Fire Department (LFD) utilizes Stockton Fire Department to host fire academies to train new recruits. LFD would like to enter a multi-year Memorandum of Understanding (MOU) with the City of Stockton, effective January 1, 2023 through December 31, 2025; and WHEREAS, LFD currently has 10 vacant positions and anticipates 14 vacancies early in 2023 -land WHEREAS, staff recommends authorizing the City Manager to execute a MOU with the City of Stockton for fire training facility use, enabling the City to enroll ten candidates currently on the entry firefighter eligibility list in the 23-1 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 an amount not to exceed $300,000, for the term January 1, 2023 through December 31, 2025; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the enrollment of recruits into the 23-1 Fire Academy; 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: January 4, 2023 I hereby certify that Resolution No. 2023-06 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 4, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-06