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HomeMy WebLinkAbout2007 CON City of San Diego - MOU Fire AcademyNOTE TO FILE IN THE MATTER OF: Memorandum of Understanding between the City and the City of San Diego Pertaining to a Regional Basic Fire Academy: NO FULLY EXECUTED ORIGINAL CONTRACT / AGREEMENT HAS BEEN PROVIDED TO THE CITY CLERK AS OF NOVEMBER 5, 2007. NTF Memorandum of Understanding M.O.U. This MEMORANDUM OF UNDERSTANDING was made and entered into on March 5, 2007, by and between: The City of San Diego Fire -Rescue Department and The National City Fire Department BASIC FIRE ACADF,MY This Memorandum of Understanding is entered into by and between the City of San Diego Fire -Rescue Department [CSDFRD1 and National City Fire Department INCH)] in support of a Regional Basic Fire Academy. INTRODUCTION It is the goal of the Basic Fire Academy to prepare Fire Fighter Recruits to assume the responsibilities of Entry-I,evel Fire Fighters. The Academy program has evolved to its present format through the continuing support and input from members of all county fire protection agencies. In addition, much instructional input has come from the State of California Fire Fighter I Curriculum. The Academy program is structured to: 1. Provide comprehensive training and education in contemporary and professional fire protection theory and method: 2. Develop in each Recruit an unwavering commitment to personal integrity and accountability, an attitude of self -evaluation and discipline, and a humanistic approach to modern tire protection. Graduation from the Basic Fire Academy is indicative of a Recruit's ability to meet the highest standard of professional lire service. 1. EXPECTATIONS Academic Expectations The Basic Fire Academy holds high, yet realistic, expectations for all its trainees. As an aid toward accomplishing this objective, the requirements necessary for attaining these expectations arc made explicit in the Recruit Orientation Manual. Recruits will he tested for proficiency in all subject areas presented at the Academy. The success criteria for all subject areas will be made available so that precise expectations are well defined. In an instance where a Recruit does not meet the success criteria for a class, individualized, self-help study program will be suggested. A remediation program is provided as part of the training. Physical Expectations Physical conditioning is a regularly scheduled part of the Basic Fire Academy: Physical training will consist of a combination of weight training and running. Running will consist of a 3 mile run, at least three times a week, with a finish time of 24 minutes. Behavioral Expectations As a Recruit attending the Basic Fire Academy, Recruits are expected to demonstrate an intense, tenacious, total commitment, enforced by self -motivation toward successfully meeting the academic and physical requirements prescribed above. Recruits will be expected to formulate and subscribe to a demeanor that encompasses pride, professionalism, maturity, and self-discipline. 2. TESTING '1'o successfully complete the Basic Fire Academy, a Recruit MUST achieve the minimum requirements in all areas listed below. Failure to meet the requirements will result in termination. AREA MINIMUM SCORE RELATIVE SCORE Fire Tech. Quizzes/Final 80% 30% Engine Company Manipulative 80% 35% Truck Company Manipulative 80% 35% 100% Total In addition to the above academic requirements, all Recruits will be required to successfully complete an approved EMT-1 Refresher Course with a minimum average of 80% on all exams and successfully perform all State mandated EMT-1 skills. Failure to maintain a 80% overall grade point average, a total of four (4) failures of any kind (i.e. quiz; test, certification), failure to complete all required task certifications before final pump and truck evaluations, or failure of the EMT- I Refresher Course will result in termination from the Basic Fire Academy. If a Recruit has a total of three (3) failures, the Training Officer will be notified Fire Recruits shall successfully complete all required task certifications identified in the Fire Recruit Orientation Manual. Recruits are given 3 attempts to he successful at each certification. Failure of the 3rd attempt will result in termination. When a Recruits test score or skill perk rmance requires remediation, a "Supplemental Recruit Evaluation Report" stating specifically the area of low performance will be issued. A successive or continuing problem will he considered whenever two or more substandard "Supplemental Recruit Evaluation Reports" are received in any one particular area. 3. TERMINATION There are several things that will cause a Recruit .to he terminated from the Basic Fire Academy as outline above and in the Fire Recruit Orientation manual. If a Recruit is to be terminated: a. The Training Officer will be contacted immediately. The Training Officer will notify the respective department liaison. h. National City Recruits will report to National City Fire Administration (140 E. 12 Street, Suite A) with all materials and gear. 4. INJURY PROCEDURES If an injury to a Recruit is reported or observed, they will be evaluated by Academy Staff to determine course of treatment. 1. If minor, the Recruit will observe for remainder of day and agency specific documentation will he forwarded to Academy Coordinator. 2. If the minor injury worsens or initial injury warrants medical treatment, the Recruit will be taken to the agency specific Medical Provider. The Fire Academy Coordinator will notify the Training Officer. The Training Officer will make proper agency notifications. 5. INSTRUCTOR UTILIZATION During the didactic phase of the Basic Fire Academy, NCFD and CSDFRD will team teach Confined Space Awareness, Weapons of Mass Destruction Awareness, and Hazardous Materials First Responder Operational certifications. NCFD personnel will shadow during Phase I of the manipulative portion of the Basic Fire Academy ending April 6, 2007 except for: Live Burn Exercise* March 29, 2007 2. Auto Extrication/Ecology Auto Wrecking April 11 and 12, 2007 5 3. Rescue Systems/Rappel Training April 20, 2007 4. Final Truck/Pump Manipulative Exams May 14, 2007 *Live Burn Exercise exceeds standards for NFPA 1403 documented in Incident Action Plan t. EQUIPMENT CACHE During Phase I of the manipulative portion of the Basic Fire Academy, NCFD will provide one Triple Combination Pump with basic equipment and hose supply to he utilized for training. NCFD has provided a total of (4) breathing apparatus with spare bottles to be utilized for Phase I and Phase II manipulative instruction including Final Truck and Pump Manipulative Examinations. 7. CERTIFICATIONS Certifications included in Basic Fire Academy: I Iarardous Materials First Responder Operational Confined Space Awareness Weapons of Mass Destruction (WMD) Awareness EMT I Refresher (24 hours) ICS 100 California Fire Fighter I 1,180 NIMS 700/ t00 S 1 30/S190 (Wildland Training) *Recruits will also receive Critical Incident Stress Management and Diversity Training 8. LIABILITY It is mutually understood and agreed: a) Claims Arising from Sole Acts or Omissions of NCFD: NCFD hereby agrees to defend and indemnify CSDFRD, its agents, officers and employees from any claim, action or proceeding against CSDFRD arising out of NCFD's sole negligence in the performance of the Agreement. At its sole discretion, CSDFRD may participate at its own expense in the defense of any such claim, action or proceeding, hut such participation shall not relieve NCFD of any obligation imposed by the Agreement. CSDFRD shall notify NCFD promptly of any claim, action or proceeding and cooperate hilly in the defense. b) Claims Arising from Sole Acts or Omissions of CSDFRD: CSDFRD hereby agrees to defend and indemnify NCFD, its agents, officers and employees from any claim, action or proceeding against NCFD arising out of the CSDFRD's sole negligence in the performance of the MOU. At its sole discretion, NCH) may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve CSDFRD of any obligation imposed by the MOU. NCFD shall notify CSr)FRD promptly of any claim, action or proceeding and cooperate fully in the defense. c) Claims Arising from Concurrent Acts or Omissions: NCFD hereby agrees to defend itself, and CSDFRD hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of NCFD and CSDFRD. In such cases, NCFD and CSDFRD agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in the following paragraph e). d) Joint Defense: Notwithstanding paragraph c) above, in cases where NCFD and CSDFRD agree in writing to a joint defense, and further agree in writing to waive any conflict of interest that may arise subject only to the discretion of joint defense counsel, NCFD and CSDFRD may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of NCFD and CSDFRD. Joint defense counsel shall be selected by the mutual agreement of NCFD and CSDFRD. NCFD and CSDFRD agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in following paragraph e) and CSDFRD further agrees that neither party may bind the other to a settlement agreement without the written consent of both NCFD and CSDFRD. e) Reimbursement and/or Reallocation: Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, NCFD and CSDFRD may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 9. UNDERSTANDING a) If any provision of the Joint MOU is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulations. b) The parties to this Joint MOU agree that in the event of a dispute, the parties shall use their best efforts to resolve the dispute informally. The parties further agree that should informal dispute resolutions fail, the representatives signing the MOU on behalf of the public agencies will meet to resolve the dispute. c) This Joint MOU may only be modified or amended by written mutual agreement of all signatories to this agreement. Any party may terminate this Joint MOIJ by providing 60 days written notice to the other parties. 10. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to he jointly submitted to the CSDFRD and NCFD. It is agreed that this Memorandum shall he binding upon the parties upon: A. Fire Chief Tracy Jarman and Fire Chief Roderick Juniel, by signature, formally approve and adopt these provisions within their respective jurisdictions. 11. TERM The tern of this Memorandum shall begin on March 5, 2007. This Memorandum shall expire and otherwise be fully terminated at the end of .Tune 2, 2007. Fire Chief Tracy Jarman Fire Chief Roderick Juniel San Diego Fire -Rescue Department National City Fire Department RESOLUTION NO. 2007 — 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FIRE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO TO SUPPORT A REGIONAL BASIC FIRE ACADEMY WHEREAS, traditionally, the National City Fire Department, along with other fire agencies throughout the County, have established individual academies for small numbers of firefighters; and WHEREAS, best practices have confirmed that a regional comprehensive fire academy is a more cost effective and efficient method to train and certify firefighter recruits; and WI IEREAS, the City of National City and the City of San Diego desire to enter into a Memorandum of Understanding to support a Regional Basic Fire Academy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Fire Chief to execute a Memorandum of Understanding with the City of San Diego to support a Regional Basic Fire Academy. Said Memorandum of Understanding is on tile in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 200 Ron Morrison, Ma ATTEST Mi ael R. DaHa City Clerk APPROVED AS TO FORM: _arc George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 5, 2007 by the following vote, to -wit: Ayes: Councilmembers Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-115 of the City of National City, California, passed and adopted by the Council of said City on June 5, 2007. 2 City ational City, California icle-zy k of the City of By: Deputy C,aoOri . City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 12 ITEM TITLE A Resolution of the City Council of the City of National City Approving the Memorandum of Understanding between the City of National City and the City of San Diego to Support a Regional Basic Fire Academy PREPARED BY Roderick Juniel, Fire Chief (619) 336-4550 EXPLANATION DEPARTMENT Fire The National City Fire Department (NCFD) recognizes it is not cost effective or efficient to train and certify small numbers of Firefighters in such areas as Hazardous Material Emergency Responder, Confined Space Awareness, Weapons of Mass Destruction Awareness, Emergency Medical Technician I Refresher, Incident Command System 100, California Firefighter I NIMS 700/800, Wildland Firefighter Training and other required certifications. Traditionally NCFD, along with other fire agencies throughout the county, have established individual academies for small numbers of Firefighters. Best practices have confirmed that a regional comprehensive fire academy is a more cost effective and efficient method to train and certify Firefighter Recruits. The attached memorandum of understanding between the City of National City and the City of San Diego was developed and implemented to ensure a clear understanding of the expectations of instructors and recruits. Environmental Review d N/A Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION Approve Resolution approving the Memorandum of Understanding between the City of National City and the City of San Diego Supporting a Regional Basic Fire Academy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 'a oo Memorandum of Understanding Between the City of National City and the City of San Diego Supporting a Regional Basic Fire Academy. A-200 (04/2007) City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk 619-336-4226 619-336-4229 fax November 5, 2007 To: Rod Juniel Fire Chief From: Michael Dalla 4 City Clerk's Office Subject: MOU / Regional Basic Fire Academy On June 5th, 2007, the City Council adopted a Resolution approving a Memorandum of Understanding relative to the Regional Basic Fire Academy (see documents attached). Since then the following has occurred: • The original Resolution received by our office had no signed MOU attached. • Over a four month period, our office made repeated attempts to locate/ track down and/or acquire a signed MOU. • Per Provision 11 of the MOU, the MOU has, in fact terminated or expired. In order to closeout the file and direct our resources elsewhere, it is our intention to cease further efforts to acquire a signed agreement. We will, instead, insert in the file a copy of this memo and the attached 'note to file.' If there is reason to delay the intended course of action, please so advice. cc: George Eiser c6r`o5lc;� J DOCUMENT NAME: DOC CATEGORY: VENDOR NAME: DESCRIPTION: RESOLUTION #: FILE #: END DATE: oC SCAN ENTRY SHEET i C - C' V'( of SP!N OtEGO - taOV . 9.E. :.owe e, n,�.•� . c C :.a c E. G\O\- '. C. \ .�\ tl ,i SIGNED AGREEMENT/CONTRACT: SIGNED RESO / CERT 1: A-200 + BACK-UP: LETTER / COPY TO VENDOR: COPY TO DEPARTMENT: * ogIao/0i1 - Eo‘A.01/4›.1e0 vP w/ G���y SHE 00%5 Np1 to/' n COQy 'A o //,loon - CheCV.O JvOy tN S'As C H Tc. CK F\RE 0eec.; SCAN: OCR: INDEX: FILED: DBASE: "1" 10 0AI06Io - COAECKEO W/ JUOy '� VO't• . !•O[ GiiECC\V;GO CpQy pF tQNAlit/tCT y 1,olokioq - Eau �' Jv9y - I.ONZ¢.AG‘-/ot •1%'l its vcc..V4E.n „kslor FOwoWEO v P SNnN VS `a/ MEh() 'O Ct‘\Tc.E JV%4-1\E V t\ r\q/ on - V0 Q''ostoN6E �.