HomeMy WebLinkAbout1990-135
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RESOLU'l'ION NO.
90-135
1 A RESOLUTION OF THE HAYOR AND COHMON COUNCIL OF THE CI'l'Y
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE
FIGHTER JOINT APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES
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WHEREAS:
the California Fire Fighter Joint Apprenticeship
5 Committee has established, and there now exists Training Stan-
6 dards which identify the professional levels of competence
7 required of apprentices, journeypersons and employees; and,
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WHEREAS:
these Training Standards specify the training,
9 education,
experience,
performance
objectives,
and minimum
10 requirements for professional competence of an apprentice,
11 journeyperson and employee; and,
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WHEREAS:
the principal objective of the Apprenticeship
13 Standards is to bring about methods of uniform instruction
14 and standardized training techniques utilized by the fire service
15 throughout California, and to establish an effective affirmative
16 action program for the California Fire Service.
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18 BE IT RESOLVED BY 'l'HE I>1AYOR AND COMMON COUNCIL OF THE CI'l'Y
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
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City, an agreement with the California Fire Fighter Joint Appren-
ticeship Committee relating
to a Journey Level Training Agree-
of
which
is
ment,
attached
hereto,
marked
Exhibit
a
copy
A,
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and
incorporated
set
herein by
reference as
fully as
though
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forth at leng-th.
SECTION 2.
'l'he authorization to execute the above refer-
er!ced agreement
is
rescinded if
the parties to said agreement
11111111/1111
,
....w
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1 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER JOINT AP-
2 PREN'l'ICESHIP C0l1Ml'l"!'EE FOR FIRE 'l'RAINING SERVICE
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4 fail to
execute l t wi thin Slxty (60) days of the passage of
5 this resolution.
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7 I HEREBY CERTIFY that the foregoing Resolutlon was adopted
8 by the Mayor and Common Counell of the City of San Bernardino
9 at a
regular
meeting thereof, held on the 16th
day of
10 1990, by the following vote, to wit:
11 Council Members:
AYES
NAYS
ABS'l'AIN
12 ESTRADA
REILLY
13 FLORES
MAUDSLEY
14 MINOR
POPE-LUDLAM
15 HILLER
x
x
x
x
x
x
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...#>P/'4::?/?t2J//
/ .
Clty Clerk
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18 The foregoing resolutlon lS hereby approved this ,.;..
19 day of
Aoril
, 1990.
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/--7
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;:::~/-?
//{/"
W;- R. /HOLC9 lB. Mayor
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23 Approved as to form
and legal content:
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JAMES F. PENMAN
:: Ci ~y !1~torney
By. .Ur;0.,....., 1.
/J
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-.....,..,~-~,~
/fI,q.y
of MiiFei"l,
JOURNEY LEVEL TRAINING AGREEMENT
THIS AGREEMENT is made and entered into this /c~day
1990, by and between the CITY OF SAN BERNARDINO,
hereinafter called "CITY," and the California Fire Fighter Joint
Apprenticeship Committee, hereinafter called "JAC."
RECITALS
WHEREAS JAC has established, and there now exists
Training Standards which identify the professional levels of
competence required of apprentices, journeypersons and employees;
and,
WHEREAS these Training Standards specify the training,
education, experience, performance objectives, and minimum
requirements for professional competence of an apprentice,
journeyperson and employee; and,
WHEREAS the principal objective of the Apprenticeship
Standards is to bring about methods of uniform instruction and
standardized training techniques utilized by the fire service
throughout California, and to establish an effective affirmative
action program for the California Fire Service;
NOW, THEREFORE, in consideration of the foregoing and
the mutual promises hereinafter provided, the parties agree as
follows:
TERMS AND CONDITIONS
1.
Term.
The term of this Agreement shall be July 1,
1989, through June 30, 1990.
DR:mg\jac.agree
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EXHIBIT "A"
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2.
Definitions.
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2.1
"Department" means the San Bernardino City Fire
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Department.
2.2
"CITY" is the political entity having jurisdiction
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over the Department.
2.3
"JAC" means the California Fire Fighters Joint
Apprenticeship Committee.
2.4
"Union" means the San Bernardino/Rialto Fire Fighters
Local #891.
2.5
"School District" refers to whatever school district,
including but not limited to local high school or community
college districts, the JAC utilizes for the particular program.
3. Training Considerations.
3.1 In consideration of payment in the amount set forth in
16 this article, Department agrees to:
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(a) Make available and provide training to all
employees;
(b)
Provide such training support as to facilitate
20 (a) above which may include, but are not limited to, classrooms,
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instructors, drill grounds, fire apparatus, audio visual
22 equipment, books, other instructional supplies, and such
23 Department equipment as may be necessary to accomplish training;
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(c) Conduct, the training of employees in accordance
25 with the Department standards or the State Board of Fire Services
26 standards;
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DR:mg\jac.agree
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(d) Designate an "Instructor of Record" who
possesses a California Designated Subjects Credential for the
purpose of reviewing and supervising all academy and related and
supplemental instruction;
(e) Provide all personal items, protective clothing,
instructional supplies, and other training related materials;
(f) Provide the necessary supervision to ensure the
safety and training of employees;
(g) Not discriminate in the hiring or the
promotional process;
3.2 The amount of money reimbursed to City for expenses
associated with training will be $1.00 per hour times each hour
of instruction given to an employee, and which the JAC reports to
the School District each reporting period. Said funds may be
disbursed in accordance with Attachment A at the City's
discretion.
3.3 In the event the State educational system deficits
funds for employee training during the current fiscal year, the
JAC shall prioritize the disbursement of funds based on the date
of the Journey Level Training Agreement. City shall hold JAC
harmless by guaranteeing repayment of any funds advanced by JAC
not reimbursed by the State.
3.4 City shall not receive advance funds, but shall
provide the employee training and subsequently apply to the JAC
for reimbursement of costs as allowed hereunder.
DR:mg\jac.agree
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3.5
City's application for funds under this Agreement
between the dates of July 1, 1989 and December 31, 1989, shall be
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accompanied by a copy of Department's training records;
thereafter, training must be reported on forms provided by JAC.
4.
Termination of Agreement.
City and/or Union or JAC
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may withdraw from this journey level agreement as described in
this section, without fault, at any time by giving written notice
60 days prior to the effective date of termination.
5. Applicable Rules and Regulations.
5.1 City and JAC agree to conduct this training program in
a lawful manner.
5.2
City shall maintain all rights and jurisdiction to
areas involving adverse actions, appointments, and terminations
from public service as provided under the existing laws and rules
not in conflict with this Agreement.
5.3 City, to the extent permitted by law, shall indemnify
18 and hold harmless the JAC from any property damage liability
19 arising as a result of fire, flood, collision, or any other peril
20 arising out of the Department's acts under this agreement to the
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training program and the individual.
City shall indemnify and
22 hold harmless the JAC for normal wear and tear to hose, tools,
23 equipment, and apparatus, during the testing and training
24 throughout the course of this Agreement.
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5.4
The JAC agrees, to the extent permitted by law, to
26 indemnify, defend and hold harmless City, its officers, agents,
27 and employees from any claims and losses occurring or resulting
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from any acts of negligence on the part of the JAC in connection
with their performance of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed as of the day and year first above
shown.
ATTES'f:
~d'ff6#/
auna Clark
City Clerk
~C7lM-Q~
TOM PARLETT, President
San BernardinojRialto
Firefighters Local #891
~~,CQr>
A ES F. McMULLEN, Sponsor
CFFJAC
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DANIEL A. TERRY, Chairman
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: ~ J.j~
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DR:mg\jac.agree
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Attachment A
EQUIPMENT & SERVICES DISBURSEMENT
1. All funds earned by the Department under this
Agreement will be entered into a clearing account.
2. Upon presentation of a written request for
disbursement from the Department authorized representative(s),
JAC will purchase or provide said equipment, materials or
services for the Department.
3. The Department clearing account will be reduced by
the retail price of the equipment, materials, etc., and an agreed
upon price for any service.
4. JAC provides no warranty expressed or implies
concerning the goods or services that are requested by the
Department.
5. JAC acts only as an agent for purchasing in all
transmissions.
This contract constitutes the entire Agreement between the
City and consultant and may be modified only by further written
agreement between the parties.
DR:mg\jac.agree
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