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HomeMy WebLinkAbout38-Fire Department - . CITY OF SAN BERN. .RDINO REQUEST ..-.JR COUNCIL ACTION From: GERALD M. NEWCOMBE, FIRE CHIEF Subject: ADOPTION OF AN AGREEMEN'l' BETlvEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES Ilept: FIRE Date: MARCH 20, 1990 Synopsis of Previous Council action: None. ,r', ... .';:.:.} (J :1: C) ;".:1 Recommended motion: Adopt Resolution. +1", Contact person: Gerald M. Newcombe, Fire Chief Phone: 384-5286 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: 'ouncil Notes: 75-0262 Agenda Item No 31 - Cll~Y OF SAN BERt( RDINO - REQUEST r iR COUNCIL ACTION STAFF REPORT The California Fire Fighter Joint Apprenticeship Committee is sponsored by the California Professional Fire Fighters and the State Fire Marshal. The goals of the committee are to improve the quality and quantity of training for fire fighters wi thin the State of California and to provide an avenue of entry in the California Fire Service for qualified, underrepresented and targeted groups wi thin the work force without lowering standards. The funds for this program, Journey Level Training and the Fire Fighter Apprenticeship Program, are derived from educa- tional systems throughout the state. This program will gen- erate about $36,000 that can be used for fire training. A committee made up of local union members and fire department staff will recommend to the Fire Chief how the funds should be spent; who will, in turn, present a proposal to the Mayor and Council. 75-0264 RESOLUTION NO. 1 A RESOLUTION OF THE NAYOR AND CONNON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP CONMITTEE FOR FIRE TRAINING SERVICES 3 4 vIHEREAS: 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, 8 these Training Standards specify the training, WHEREAS: 9 education, performance objectives, and minimur.l experience, 10 requirements for professional competence of an apprentice, 11 journeyperson and employee; and, 12 the principal objective of the Apprenticeship vJHEREAS : 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. 17 18 EE IT RESOLVED BY THE MAYOR AND COMNON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 19 20 SECTION 1. The Hayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said 21 22 23 24 25 26 27 28 City, an agreement with the California Fire Fighter Joint Appren- ticeship Commi ttee relating to a Journey Level Training Agree- Exhibit marked A, which is attached hereto, ment, a copy of incorporated herein by reference as fully as though set and forth at length. SECT ION 2. The authorization to execute the above refer- enced agreement is rescinded if the parties to said agreement IIIIIIIIIIIII 1 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEPillNT BETWEEN THE CITY OF SAN BERNARDINO AND TilE CALIFORNIA FIRE FIGHTER JOINT AP- 2 PREN'l'ICESUIP COHMl'l'TEE FOR FIRE 'l'RAINING SERVICE 3 4 fail to execU1:.e it wi thin SlXty (60) days of the passage of 5 this resolution. 6 7 I HEREBY CER'l'IFY that the foregoing Resolut1on was adopted 8 by the Mayor and Common Coune11 of the City of San Bernardino 9 at a meeting thereof, held on the day of 10 1990, by the follmnng vote, to wit: 11 Council Members: AYES NAYS ABS1'AIN 12 ESTRADA REILLY 13 FLORES MAUDSLEY 14 IUNOR POPE-LUDLA~l 15 MILLER 16 17 City Clerk 18 The foregoing resolut1on 1S hereby approved this 19 day of , 1990. 20 21 22 w. R. HOLCOMB, Mayor 23 Approved as to form and legal content: 24 ,JAI.lES F. PENHAN 25 CHy :~ttorney 26 By : UC:/h'--~ -:; /! 27 ! / / I V I c-u-,.."" 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOURNEY LEVEL TRAINING AGREEMENT THIS AGREEMENT is made and entered into this day of March, 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 1 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Definitions. 2.1 "Department" means the San Bernardino City Fire Department. 2.2 "CITY" is the political entity having jurisdiction over the Department. 2.3 "JAC" means the Cal i fornia 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 this article, Department agrees to: (a) Make available and provide training to all employees; (b) Provide such training support as to facilitate (a) above which may include, but are not limited to, classrooms, instructors, drill grounds, fire apparatus, audio visual equipment, books, other instructional supplies, and such Department equipment as may be necessary to accomplish training; (c) Conduct, the training of employees in accordance with the Department standards or the State Board of Fire Services standards; DR:mg\jac.agree 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ (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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.5 City's application for funds under this Agreement between the dates of July 1, 1989 and December 31, 1989, shall be 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 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 and hold harmless the JAC from any property damage liability arising as a result of fire, flood, collision, or any other peril arising out of the Department's acts under this agreement to the training program and the individual. City shall indemnify and hold harmless the JAC for normal wear and tear to hose, tools, equipment, and apparatus, during the testing and training throughout the course of this Agreement. 5.4 The JAC agrees, to the extent permitted by law, to indemnify, defend and hold harmless City, its officers, agents, and employees from any claims and losses occurring or resulting DR:mg\jac.agree 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 23 24 25 26 27 28 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. ATTEST: Shauna Clark City Clerk W. R. Holcomb, Mayor City of San Bernardino TOM PARLETT, President San Bernardino/Rialto Firefighters Local #891 JAMES F. McMULLEN, Sponsor CFFJAC DANIEL A. TERRY, Chairman Approved as to form and legal content: JAMES F. PENMAN City Attorney 22 DR:mg\jac.agree 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6