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HomeMy WebLinkAbout2006-381 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO ENTER INTO A FIRE TECHNOLOGY CONTRACT EDUCATION AGREEMENT WITH THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT. , 1 2 3 4 RESOLUTION NO. 2006-381 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The San Bernardino Community College and the San Bernardino City Fire Department wish to enter into an agreement to provide fire technology instruction to the public and 8 9 private organizations. 10 SECTION 2. The Mayor or his designee is hereby authorized and directed to execute said agreement, a copy of which is attached as Attachment "A". 11 12 13 SECTION 3. Said agreement shall be from the date of execution through June 30, 2011. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed within one hundred and twenty (120) days of the passage of this resolution. 14 15 IIII IIII IIII IIII IIII 16 17 18 19 IIII 20 21 IIII IIII IIII IIII IIII IIII IIII IIII 22 23 24 25 26 27 28 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT 2 TO ENTER INTO A FIRE TECHNOLOGY CONTRACT EDUCATION AGREEMENT WITH THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regu1armeeting thereof, held on the 6 6th November day of , 2006, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 ESTRADA x 10 BAXTER x 11 VACANT 12 DERRY x 13 KELLEY x 14 x JOHNSON 15 MCCAMMACK x 16 17 Q~ h. U~ Racl1el G. Clark, City Clerk 18 19 20 21 ~ The foregoing resolution is hereby approved this Gl day of November ,2006. 22 23 24 Approved as to Form: 25 JAMES F. PENMAN, City ~ttorney ~~..>.; 26 27 28 2 r 2ll06-381 AGREEMENT FIRE TECHNOLOGY CONTRACT EDUCATION THIS AGREEMENT is made and entered into by and between City of San Bernardino hereinafter called the AGENCY and the San Bernardino Community College District (Crafton Hills College) hereinafter called the DISTRICT. PART I BASIS AND PURPOSE OF AGREEMENT WITNESSETH: WHEREAS, the DISTRICT and AGENCY acknowledge a public obligation to contribute to Fire Technology education for the benefit of students and to meet . community needs; WHEREAS, the DISTRICT provides approved programs and training in Fire Technology education to public and private organizations within its jurisdictional boundaries; WHEREAS, Title V of the California Code of Regulations allows a Community College to contract with a public or private AGENCY to provide instruction; WHEREAS, the DISTRICT occasionally needs, and the agency can provide, certain skilled personnel to assist in the delivery of training to students of the DISTRICT; NOW, THEREFORE, the District and Agency do covenant and agree as follows: PART II GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE DISTRICT A For the Program in General I. District is committed to the achievement of equal educational opportunity. Decisions related to admission, participation, student's employment and financing will not be influenced by race, religion, sex, age, disability, or national origin. 2. Provide instruction as funds are budgeted at the discretion of DISTRICT and as requested by the AGENCY. Where DISTRICT provides the instructor of record, this agreement shall not apply. 3. Invoice the AGENCY for all deferred enrollment fees charged for the AGENCY personnel participation in Fire Technology training. 2006-381 \ PART III 4. If AGENCY provides the instructor/s, DISTRICT will reimburse the AGENCY for the cost of instruction at the following rates: a. $2.50 per instructional hour per student. Minimum enrollment 20 students. Maximum students will be 40 unless previously approved. 5. District faculty members may be invited by Agency to serve as voluntary resource persons to the Agency staff by serving on Emergency Services committees, by sharing knowledge as area experts, and by participation in other matters dealing with the quality of training and continuing education. 6. Provide necessary clerical support in the form of processing of registration materials and the forwarding of invoices for payment. 7. List, in the Spring schedule of classes, the calendar for all classes being offered by the AGENCY under the auspices of this contract, and post separate flyers to notify students of any changes in the printed schedule. 8. Award those students who successfully complete Fire Technology classes conducted under this agreement with appropriate college credits and/or certificates. GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE AGENCY A For the Program in General I. Inform the Dean of the Emergency Training Center at DISTRICT of employee training needs and scheduling requirements. 2. Collect all appropriate class registration fees and/or registration fees for CFSTES classes as required. 3. Register students in the class and not allow any auditing of courses. 4. Provide an instructor of record that has been certified as qualified to teach fire technology subjects by the DISTRICT. Said instructor shall sign a DISTRICT agreement for temporary instruction. The DISTRICT shall have the right to control and direct the instructor's activities that are subject to this agreement for the duration of the agreement. 2 2006-381 .. PART IV 5. Schedule all certification of Fire Service Training and Education Program classes with California Fire Service Training and Education System (CFSTES). 6. Provide a copy of the schedule to DISTRICT for distribution. 7. Provide all necessary materials and equipment for Fire Technology training conducted at the AGENCY's facilities. This excludes materials such as textbooks that are to be purchased by the student. 8. Maintain records of all hours of instruction to be conducted by the AGENCY personnel. 9. Submit to the DISTRICT invoices for reimbursement of all hours of instruction conducted by the AGENCY personnel. 10. If AGENCY collects any state-mandated enrollment fees collected for the course in accordance with the provisions of Section A.2, AGENCY shall remit such fees to the DISTRICT.. 11. AGENCY shall have a minimum of20 students enrolled in each course. DISTRICT may cancel any classes that do not have the minimum enrollment of20 students. 12. Return all Fire Service Training and Education Program and certification materials to CFSTES within 2 weeks of course completion. 13. Meet with DISTRICT staff at least annually for the purpose of developing class schedules. 14. Follow the guidelines for contract education as delineated in the DISTRICT Contract Education Manual. 15. The DISTRICT Fire Technology Program and Dean of the Emergency Training Center must approve all course requests; new courses must be submitted to the DISTRICT Curriculum Committee. JOINT RESPONSIBILITIES AND PRIVILEGES A Assurance of Non- Discrimination 1. The District and the Agency, in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, 3 Z(}Q6-381 . and Section 505 of the Rehabilitation Act of 1973, do not discriminate on the basis of race, color, national origin, religion, sex, age or handicap in any policies, procedures or practices. B. Liability Status of the Contracting Agencies 1. Indemnification of the AGENCY by the DISTRICT. The DISTRICT shall, except to the extent of any related negligence or willful misconduct of the AGENCY, protect, defend, indemnify and hold harmless the AGENCY and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of the DISTRICT, its employees, students, agents or subcontractors in the performance of this Agreement. The DISTRICT'S duty to indemnify the AGENCY pursuant to this Section, with respect to acts or incidents occurring during the term of this Agreement, shall survive the expiration or termination of this Agreement. 2. Indemnification of the DISTRICT by the AGENCY. The AGENCY shall, except to the extent of any related negligence or willful misconduct of the DISTRICT protect, defend, indemnify and hold harmless the DISTRICT and its elected and appointed officials, officers, and employees of the DISTRICT participating in the Program from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of the AGENCY, its employees, agents or subcontractors in the performance of this Agreement. The AGENCY's duty to indemnify the DISTRICT pursuant to this Section, with respect to acts or incidents occurring during the term of this Agreement, shall survive the expiration or termination of this Agreement PART V GENERAL PROVISIONS A. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 4 1006-381 ., B. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. C. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts oflaw. D. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. E. This Agreement hereto constitutes the entire agreement, supersedes any and all other agreements, whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no party, or anyone acting on behalf of any party, orally or otherwise, has made any representations, inducements, promises or agreements that are not embodied herein. F. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. G. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. H. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 5 2-006- 381 .' PART VI PERIOD OF AGREEMENT A This agreement shall be effective as of the date signed and shall continue in effect until June 30, 2011 or it is terminated by written notice of either party. The said termination shall become effective only at the close of an academic year, but not before three months after receipt of said notice, except that this agreement may be terminated at any time for the following reasons 1. Upon written mutual consent by the District and the Agency, or In the event of any substantial default by either party hereunder. 2. IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this agreement as of the last date written below. APPROVED BY THE AGENCY City of San Bernardino ~r--O~I Prick J. orris, ayor u.l1[O'- Date APPROVED BY THE DISTRICT ~JZ;Z::iStrict Ronald P. Gerhard Business Manager ?--/~ Date Agency Contract Contact: James Mat Fratus. Training Officer Name 200 East Third Street Address San Bernardino CA 92410 (909) 384-5286 Phone 6