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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTQNR I GINA L
Dept:
Michael J. Conrad, Deputy Chief Subject: Resolution authorizing the San Bernardino City Fire
Department to enter into a new standard interagency
instructional services agreement with Rancho
Fire Santiago Community College District to provide
fire personnel training.
From:
Date:
June 26, 2006
MC/C Meeting Date:
July 10, 2006
Synopsis of Previons Council Action:
09/06/05
Resolution No. 2005-301 Resolution authorizing the San Bernardino City Fire Department to
enter into an interagency instructional services agreement with Rancho Santiago Community
College District to provide fire personnel training.
RECOMMENDATION:
1. Adopt resolution.
2. Authorize the Finance Director to amend the FY 2006-2007 Budget and increase General Fund revenue
number account 001-000-4708 (Fire Training Agreement) by $21,800 from $36,000 to a new total of
$57,800.
Contact Person:
Michael J. Conrad, Deputv Chief
S~!'~
Phone: (909) 384-5286
Supporting data attached: Staff Report. Resolution. and Agreement
Ward: City Wide
FUNDING REQUIREMENTS:
Amount:
$57.800
Source:
(Acct No.) 001-000-4708
(Acct. Description) Fire Training Agreement
Finance:
Council Notes:
RfSO. :lOOh--(j.l.j)
7/10/0(,
Agenda Item No. ~I
STAFF REPORT
Subiect:
Resolution authorizing the San Bernardino City Fire Department to enter into a new standard
interagency instructional services agreement with Rancho Santiago Community College District.
Backl!round:
On September 6, 2005, the Mayor and Common Council authorized the execution of an
instructional services agreement with Rancho Santiago Community College District (RSCCD) to
provide fire personnel training. The agreement allows us to enter into a cost
sharing/reimbursement agreement with RSCCD.
The State reimburses RSCCD for every hour that fire personnel partiCipate in fire-related
education. RSCCD in turn shares reimbursement funds from the State with the City of San
Bernardino for time spent receiving on the job training. The terms of the agreement we entered
into were for five years, from August IS, 2005 through August IS, 2010. However, there has
been an increase in the cost share/reimbursement that the city will be receiving and a new
agreement is required to be signed.
Fire and RSCCD is requesting that the new agreement be executed, from July 1,2006 through
July 1,2011. In the original agreement, the city was compensated 52.50 for every validated
hour. However, RSCCD has agreed to increase the rate to $3.00 per validated training hour.
All terms and conditions will remain unchanged and both parties may extend this agreement for
additional years or may amend this agreement by mutual written consent.
Financial Impact:
Total revenue expected from this contract in FY 2006-2007 is 557,800. This is based on the
number of budgeted Emergency Operations positions that will be participating in the program
(133 minimum employees) and the number of hours Fire provides to personnel (145 average
hours) at a rate of 53.00/per hour. 536,000 in contract revenue was included in the FY 2006-
2007 Preliminary Budget. A budget amendment increasing conlraCI revenue by 521,800 from
536,000 to a new total of557,800 is needed to reflect the new contract revenue amount.
Costs related to this agreement with RSCCD are already factored into the Preliminary FY2006-
2007 Fire Department budget and include the continual fee for fire educational courses in the
amount of approximately 5345.80 every two years and the cost of I Administrative Clerk II
position (approx. 535,800 annually).
Recommendation:
1. Adopt resolution.
2. Authorize the Finance Director to amend the FY 2006-2007 Budget and increase General
Fund revenue number account 001-000-4708 (Fire Training Agreement) by $21,800 from
536,000 to a new total of 557,800.
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RESOLl'TIO:\ :\0.
RESOLUTIO:\' OF THE l\lAYOR A:\'D CO\1:\1O:\ COC:\C1L OF THE CITY OF SA:\'
BER.c"iARDIN1O Al'THORIZl:\G THE SA:\' BER.'\ARDI:'\O CITY FIRE DEPART\lE:\'T
TO ENTER INTO A 'iEW I:\'TER.c~GE'iCY I:\STRl'CTIONAL SERVICES AGREE\lEl\T
WITH K\:'\CHO SAl\TIAGO CO\1\WNITY COLLEGE DISTRICT.
BE IT RESOLVED BY THE MAYOR A'\'D CO'\I:\1ON COl''iCIL OF THE CITY OF S..\..c"l
BER.c'\ARDI'iO AS FOLLOWS:
SECTIO:\' 1. The Rancho Santiago Community College District and the San Bernardino City
Fire Department wish to enter into a new agreement to pro\'ide fire personnel training.
SECTION 2. The :v!ayor or his designee is hereby authorized and directed to execute said
agreement, a copy of which is attached as Attachment "A".
SECTlO:'\ 3. Said agreement shall be for the period of July 1,2006 through July 1,2011.
SECTlOl'l 4. The authorization to execute the above referenced agreement is rescinded if it is
not executed within sixty (60) days of the passage of this resolution.
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RESOLCTIO'i OF THE :\IA YOR A:\'D CO:\DlOl\ COC'iCIL OF THE CITY OF SA:\'
BERl\'ARDI'iIO AlJTHORIZI:\'G THE SA" BERc"lARDIl\'O CITY FIRE DEPARDIEl\T
2 TO E'iTER Il\'TO A l'iEW Il\TERAGEl\'CY Il\'STRUCTIOl\'AL SERVICES AGREE:\IEl'iT
WITH R~l'iCHO SA'iTIAGO CO:\IMUl\"ITY COLLEGE DISTRICT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the \layor and
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Common Council of the City of San Bcrnardino at a
meeting thereof, held on the
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day of
,2006, by the following vote, to wit:
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Council Members:
AYES
i\AYS
ABSTAIN ABSEi\T
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ESTRADA
9
BAXTER
10
\lCGI"-'1\IS
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DERRY
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KELLEY
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JOH:\SO'i
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:vJCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2006.
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Approved as to Form:
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Patrick J. \lorris, Mayor
City of San Bernardino
JA\lES F. PE"-'\1A:\,
24 City Attorney
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Attachment "A"
STANDARD INTER-AGENCY INSTRL'CTIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of ,20_
by and between the Rancho Santiago Community College District, 2323 North
Broadway, Santa Ana, California 92706 ("District") and the City of San Bernardino, c/o
San Bernardino Fire Department 200 E. 3'd San Bernardino, CA 92410-4804("Agency")
RECITALS
WHEREAS, under Government Code Section 53060 and Education Code Section
78021, Rancho Santiago Community College District desires to contract with the Agency as an
independent contractor to the District; and
WHEREAS, Agency has the personnel, expertise and equipment to provide the special
services required herein, and
\VHEREAS, the public interest, convenience and general welfare will be served by this
contract;
NOW THEREFORE, Agency and District agree to the following:
PROVISIONS OF THE AGREEMENT
A. AGENCY'S RESPONSIBILITIES:
1. Services. Agency's responsibility shall be to diligently furnish to the
District the services as set forth in Attachment A, hereby incorporated into this
Agreement by this reference.
2. Student Attendance Records. Records of student attendance and
achievement will be maintained by Agency. Records will be open for review at all times
by officials of the District and submitted on a schedule developed by the District.
B. DISTRICT'S RESPONSIBILITIES:
I. Job Market Studv. Prior to when District established this vocational or
occupational training program, the District's governing board shall have conducted a job
market study of the labor market area and determined that the results justified the
proposed vocational education program. (Education Code Section 780 I 5)
2. EducatIOnal Program. District is responsible for the educational program
that will be conducted on site.
3. Supervise and Control instruction. The instruction to be claimed for
apportionment under thIS contract shall be under the immediate supervision and control
Standard Agreement Rev. 10/04
H: City of San Bernardino Fire Dept
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of a DIStrict employee (Title 5, Section 58058) who has met the minimum qUdhfications
for instruction in a vocational subject in a California community college.
4. Instructor \\no Is Not a District Emplovee - District's Responsibilities.
Where Agency's instructor is not a paid employee of the Distnct, the District shall have a
written agreement with each such instructor who;; conducting instruction for WhICh Full
Time Equivalency Students (FTES) are to be reported. The agreement shall state that the
District has the primary right to control and direct the instructional activities of Agency's
instructor.
5. Qualifications of Instructors. District shall list the minimum
qualifications for instructors teachmg these courses. Such qualifications shall be
consistent with requirements in other similar courses given within the District.
6. District's Control of and Direction for Instructors. District shall provide
instructors with an orientation, instructor's manual, course outlines, curriculum materials,
testing and grading procedures, and any of the other necessary materials and services that
it would provide to its hourly instructors on campus.
7. Courses of Instruction. These are specified in Attachment A to this
Agreement. It is the DistrIct's responsibility to insure that the outlines of record for such
courses are approved by the District's curriculum committee as meeting Title 5 course
standards, and that the courses have been approved by the District's board of trustees.
8. Different Sections of Courses. District shall have procedures that insure
that faculty teaching different sections of the same course teach m a manner consistent
with the approved outline of record for that course. Such procedures apply to the faculty
and courses that are the subject of this contract, and the students shall be held to a
comparable level of rigor.
9. Enrollment. District w1l1 advise Agency of the enrollment period,
student enrollment fees, the number of class hours suffiCIent to meet the stated
performance objectives, policy regarding the supervision and evaluation of students, and
the procedure applicable to the withdrawal of students prIor to completion of a course or
program.
10. Obtaining Appro"al of Degree and Certificate Programs Is District's
ResponsibIlity. It is required that degree and certificate programs have been approved by
the State Chancellor's Office and courses that make up the programs must be part of the
approved programs, or District must have received delegated authOrIty to separately
approve those courses locally.
Standard Agreement Rev. 10;04
H: City oISan Bernardino Fire DepI
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2
II. Classes Held O"tside of DIstrict. If the classes are to be located outslGe
the boundaries of the District, the District must comply wlth the requirements of Title 5,
Sections 55230-55232 concernmg approval by adjoining high school or community
college districts and use of non-District facilities.
12. Funding Source. District shall certify that it does nut receIve full
compensation for the direct education costs of the course from any public or private
agency, individual, or group.
13. Certification. DIstrict IS responsIble for obtaining certification verifying
that the instruction activity to be conducted will not be fully funded by other sources.
(Title 5, Section 58051.5)
C. FEE
1.
Agency Fee and Expenses. The fee to be paid by District for the services
and materials to be supplied hereunder is:
S3.00 per student contact hour for all hours of instruction occurring
within the agency under approved curriculum.
2. Invoice. The Agency shall invoice the District at designated inter..als,
supplying documentation acceptable to the District of student contact hours during the
quarter.
D. TERMS AND CONDITIO,""S
I. Facilities. Agency and DIstrict agree that the course shall be held at
facIlities that are clearly identiiied as being open to the general public. (TItle 5, Section
53051.5)
2.
Open Enrollment. DistrIct and Agency agree that enrollment in the
course must be open to any person who has been admitted to the college and has met any
applicable prerequisites. (TItle 5, Sections 51006 and 59106) The District's policy on
open enrollment is published in the college catalogue and schedule of classes (Title 5,
Section 51006), along with a description of the course and information about whether the
course is offered for credit and is transferable. (Title 5, Section 55005)
3. Support Servlces for Students. Both Agency and District shall insure
that ancillary and support services are provided for the students (e.g. Counseling and
Guidance, and Placement Assistance).
4. Agency's Indemmtication. The Agency shall indemnIfy, defend and
save the District, its officers, agents and employees harmless from any and all claims and
losses accruing or resulting to any and all contractors, subcontractors, laborers and any
Standard Agreement Rev. 10/04 3
H: City of San Bernardino Fire Oept
SAC-06-006
other persons, firms, or corporation' furnishmg or supplying work, services, materials or
supplies who may be injured or damaged by the Agency in the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by the Agency in the performance of
this Agreement. The Agency shall provide necessary worker's compensation insurance
for its employees at Agency's own cost and expense.
5. District's Indemnification. The District shall indemnifY, defend and save
the Agency, ItS officers, agents and employees harmless from any and all claims and
losses accruing or resulting to any and all contractors, subcontractors, laborers and any
other persons, firms, or corporations furnishing or supplying work, services, materials or
supplies who may be injured or damaged by the performance of this Agreement, and
from any and all claims and losses accruing or resulting to any person, firm or
corporatIOn who may be injured or damaged by the District in the performance of this
Agreement. The District shall provide necessary worker's compensation insurance for its
employees at District's own cost and expense.
6. Period of Effectivity. This Agreement shall be in effect for a period of
Five Years from the date entered into as set forth at the beginning ofthis Agreement.
Either party may cancel or terminate this Agreement without cause upon 30 days prior
\\TItten notice given by either party.
7. Termination For Cause. The District may terminate this Agreement and
be relieyed of any consideration to Agency should Agency fail to perform the covenants
herein at the time and in the manner provided. In the event of such termination the
District may proceed With the work in any manner deemed proper by the District. The
cost to the District shall be deducted from any sum due the Agency under this
Agreement, and the balance, if any, shall be paid the Agency.
8. Personal Agreement. This Agreement is personal and shall not be
assigned by Agency either in whole or in part. Any. such purported assignment voids this
Agreement.
9. Time Is of the Essence. Time is of the essence for each of the provisions
of this Agreement, and all the provisions of this Agreement shall extend to and be
bindmg upon and inure to the benefit of the heirs, executors, administrators, successors,
and assigns of the respective parties hereto.
10. No Alteration. No alteration or variation of the terms of this Agreement
shall be valid unless made in wTiling and signed by the parties hereto, and no oral
Standard Agreement Rev. 10/04
H: City of San Bernardmo Fire Dept
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4
understanding or agreements not incorporated herein, apd no alterations or vanations of
the teG"S of this Agreement unless made in writing between the parties hereto, shall be
binding on any of the parties hereto.
I I. Attornevs' Fees. If either party commences an action against the
other party, either legal, administrative or otherwise arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be
entitled to recover from the losing party reasonable attorneys' fees and all other
costs of such action.
12. Severability The unenforceability, invalidIty or illegality of any
provision(s) of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
IN WITNESS \\THEREOF, the parties have executed this Agreement hereto on
the day and year first written abO\'e.
CITY OF SAN BER..NARDINO
RANCHO SANTIAGO
Date
COMMlJ}.lTY COLLEGE DISTRlCT
Date I! 7Jt !-?A;b b
Cf'--'
By:
By: Mark J. Zacovic. Ph.D.
Name:
(.Y(~ ~ ()"" ~
Title:
Title: Vice Chancellor. Business/Fiscal Services
Standard Agreement Rev. 10104
H: City of San Bernardino Fire Dept
SAC-06-006
5
ATTACHMENT A
J]\,'TER-AGENCY SERVICES
TO BE PROVIDED BY:
City of San Bernardino
1. Teaching ApproYCd Curriculum: All student contact hours submitted by the
City of San Bernardino to Rancho Santiago Community College District shall be part of
a course of instruction that has either been approved by the District's Curriculum and
Instruction Council, or has been accepted as a topics course and approved by the
District's Chief Instructional Officer.
2. Instructor Oualifications: All student contact hours submitted by the City of
San Bernardino to the District shall have been taught under the line of sight supervision
of instructors who meet the Districts minimum or equivalent qualifications for hIring as
part-time Fire Technology Instructors. This expertise is furnished at the expense of City
of San Bernardino. The services include the use of their specialized equipment,
facilities, all handouts, and instructors with specific expertise.
3. i\'on-onrIap '''ith Other Funding Sources: The above instructional hours are
conducted as full time equivalent students (FTES) under courses through the Fire
Technology Department of the District and The City of San Bernardino certIfies that no
student contact hours WIll be submitted to the District whIch also have been or WIll be
submitted for California Joint ApprenticeshIp Committee, JPT A funding or state
sponsored colleges.
4. Enrollment of Students: The District will supply current student enrollment
forms to the City of San Bernardino. The Agency will return properly completed
enrollment forms and enrollment fees to the District prior to beginning instruction. The
Agency recognizes that out-of-state tuition fees will be charged for students who are not
California residents. Student attendance and achievement records will be maIntained by
the agency and be avarlable for review at normal bUSIness hours.
5. Instructional Activities: The Administrators of Rancho SantIago Community
College DistrIct and the City of San Bernardino and/or their designees will meet at
mutually agreed intervals to plan, renew cJass hours to meet performance objectives,
schedule and budget for instructional activities; the joint consent of the District and the
Standard Agreement Rev. 10/04 6
H: City of San Bernardino Fire Dept
SAC-06-006
Agency shall precede any mstrJctiona: activit:,' and include supervision and evaluation of
students and student withdrawal prior to completIon of a course,
6, List of Course!s) Or Course Topics: The District will make available to the
Agency all courses listed in the course catalog and additional tOpICS classes consistent
with DIstrict standards for curriculum adoption.
7. Services: The District and the contract agency will insure that ancillary and
support serv'ices such as counseling, guidance, and placement assistance are available to
all students and that enrollment in courses is open to any person who has been admitted
to the Districts' colleges and has met applicable pre-requisites.
Standard Agreement Rev. 10/04
H: City of San Bemardino Fire Dept
SAC-06-006
7
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ado~ted): ~ Item #
Vote: Ayes Il}){5'Zlll Nays '[)-
Change to motion to amend origin documents 0
.,.11
~ion#
Abstain
J-~t:n~
Companion Resolutions
NullIVoid After: [P D days / ~
Resolution # On Attachmen~ Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0 By:
Date Sent to Mayor: III / I ~ ~
Date of Mayor's Signature: 7/1z--lrrln
Date of ClerklCDC Signature: " f'/ ~ Dr;,
----If I
Reso. Log Updated: &
Seal Impressed: ~
Reso. # on Staff Report,p
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
'7-1 Lf -{){o
Not Returned: 0
Date Returned:
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes 1-
No
Yes
No+
NoL
NoL
NoL
Yes
Yes
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o EDA
o Facilities
ji(1 fanCiv Finance
o Fire Department
o Human Resources
o Information Services
o Parks & Recreation
J\Q., V.wu5Ytl C~1Police Department
....ew }rt{)) Public Services
o Water Department
By_
By_
By_
By_
By_
o
o
o
o
o
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 14, 2006
TO:
Michael J. Conrad, Deputy Chief
Fire Department
FROM:
Rachel G. Clark, City Clerk
RE:
Transmitting Documents - Resolution No. 2006-241
At the Mayor and Common Council meeting of July 10, 2006, the City of San Bernardino
adopted Resolution No. 2006-241 - Resolution authorizing the San Bernardino Fire Department
to enter into a new interagency instructional services agreement with Rancho Santiago
Community College District.
Attached is a fully executed duplicate original Standard Inter-agency Instructional Services
Agreement for your records and fully executed copy for you to deliver to Rancho Santiago
Community College District.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ext. 3215. Thank you.
Rachel G. Clark
City Clerk
I hereby acknowledge receipt ofthe above mentioned documents.
Signed:
Date:
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
RECEIVED-CIT'I rLE"
'I v 1\1
2006 JUL 18 All 1/: 26
DATE:
July 14, 2006
TO:
Michael J. Conrad, Deputy Chief
Fire Department
FROM:
Rachel G. Clark, City Clerk
RE:
Transmitting Documents - Resolution No. 2006-241
At the Mayor and Common Council meeting of July 10, 2006, the City of San Bernardino
adopted Resolution No. 2006-241 - Resolution authorizing the San Bernardino Fire Department
to enter into a new interagency instructional services agreement with Rancho Santiago
Community College District.
Attached is a fully executed duplicate original Standard Inter-agency Instructional Services
Agreement for your records and fully executed copy for you to deliver to Rancho Santiago
Community College District.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ext. 3215. Thank you.
Rachel G. Clark
City Clerk
I hereby acknowledge receipt ofthe above mentioned documents.
Signed: ~. ~
Date: 7~7 /0,," Please sign and return
I