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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Acting Fire Chief
Subject:
Resolution authorizing the San Bernardino
City Fire Department to enter into a fire
technology contract education agreement with
the San Bernardino Community College
District.
Dept:
Fire
ORI01;~AL
Date:
October 16, 2006
MC/C Meeting Date:
November 6, 2006
Synopsis of Previous Council Action:
09/06/05
Resolution No. 2005-301 authorizing the San Bernardino City Fire Department to enter into an
interagency instructional services agreement with Rancho Santiago Community College District
(RSCCD) to provide fire personnel training.
07/10/06
Resolution No. 2006-241 authorizing the San Bernardino City Fire Department to enter into a
new standard interagency instructional services agreement with RSCCD.
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 $8,000 from $36,000 to a new total of $44,000;
and to incorporate the expenditures in the amount of $4,500 associated with this agreement into the FY 2006-
2007 Fire D_~t Bwlgot, i. =""""" with thi, ''''ff~~ /.. Pi- ~
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Contact Person:
Michael J. Conrad. Acting Fire Chief
Phone: (909) 384-5286
Supporting data attached: StaffReoort. Resolution. and Agreement
Ward: Citv Wide
FUNDING REQUIREMENTS:
Amount:
Source:
$4.500
(Acct No.) 001-202-5133
(Acct. Description) Education & Training
Amount:
Source:
$8.000 in Revenue for FY 06/07 to be received.
(Acct No.) 001-000-4708
(Acct. Description) Fire Training Agreement
Finance:
Council Notes:
R5S0
02DO~ - ..3cP/
IIlII/DlD
Agenda Item No. ~ Co
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STAFF REPORT
Subiect:
Resolution authorizing the City of San Bernardino to enter into a fire technology
contract education agreement with the San Bernardino Community College District.
Backl!round:
The Fire Department wishes to enter into an agreement with San Bernardino Community
College District (SBCCD) to provide fire personnel training and a revenue sharing
arrangement. Under the proposed agreement, the Fire Department will be reimbursed
$2.50 per instructional hour for each fire safety personnel attending the training courses
given by SBCCD (attachment A).
The program uses Full Time Equivalence of Students (FTES) revenue, formally known
as Average Daily Attendance, to reimburse participating fire departments for every hour
that their personnel participate in the identified curriculum.
The agreement with SBCCD is similar to the agreement that the Fire Department entered
into on September 6, 2005 with Rancho Santiago Community College District (RSCCD).
The primary difference between the two is in the way that the training will be delivered.
Currently, all fire department personnel are enrolled in a two-year academic track with
RSCCD that provides FTES reimbursement for all hours spent in on-duty training.
The agreement with SBCCD will differ in that students will enroll in specific, semester
long classes that are approved by SBCCD. If the Fire Department provides the instructor
for the class, the City will be reimbursed $2.50 per instructional hour per student. This
reimbursement rate will be based on all students attending the class, regardless if they are
a City employee or not. The City can only be reimbursed from one college or the other.
At no time can the City be reimbursed from each institution for the same student/class
hours.
The term of this agreement shall be effective as of the date signed through June 30, 2011.
Both parties may extend this agreement for additional years or may amend this agreement
by mutual written consent. Either party may terminate the agreement in writing. Such
termination will take effect only at the close of an academic year.
Financial Impact:
The projected revenue reimbursed to the City will depend on the number of classes taught
by City personnel. At this time, four classes have been scheduled for Spring 2007
semester at Crafton Hills College that will be taught by a City employee. These courses
focus on fire officer development and the majority of the students enrolled will be Fire
Department personnel from the City. Instruction by City employees will generally be
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done on their normal duty days. Therefore, there should not be any additional cost to the
city for instructor time. The instructors will not be receiving any pay from Crafton Hills
under this contract.
The projected revenue to be received from this agreement with SBCCD in FY 2006-2007
is $8,000. This is based on the minimum number of students (20) that are required to
participate in the program and the number of instructional hours per student (160 average
hours) at a rate of$2.50 per hour.
For the classes that will be delivered in Spring of 2007, there is a per student cost of $300
for books and materials. Fire is requesting that $4,500 of the revenue generated by this
contract be used to pay for student materials for the San Bernardino City Fire Department
(SBCFD) employees. It is estimated that there will be 15 students from SBFD. Students
from other agencies will be responsible for their own costs.
A budget amendment increasing the Fire Department revenues by $8,000 (001-QOO-4708)
and the Fire Department expenditure budget by $4,500 (001-202-5133) will be needed. In
addition, Fire is requesting that additional revenue identified from this agreement be
allocated to account 001-202-5133 (Education & Training) for use in other areas of fire
department training.
Recommendation:
.e I. 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
$8,000 from $36,000 to a new total of $44,000; and to incorporate the expenditures in
the amount of $4,500 associated with this agreement into the FY 2003-2007 Fire
Department Budget, in accordance with this staff report.
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RLSOLCTlO:\ :\.).
RESOLCTIO.... OF THE :\1.\ YOR AND CO;\DION COC:\ClL OF THE CITY OF SAN
BERl\"ARDI:\lO ACTHORIZlNG THE SA:\ BER" \RDI"O CITY FIRE DEPARTMENT
TO E:\TER 1"1'0 A fIRE TECH:\OLOGY CO"TRACT EDVCA TIO:\' AGREEMENT
WITH THE SAN BER:\'ARDE\'O CO;\\l\1CMTY COLLEGE DISTRICT.
BE IT RESOL\'ED BY THE '\IA\'OR AND COMMON COl'NCIL OF THE CITY OF SAN
BER':\ARDINO AS FOLLOWS:
SECTIO:\' l. The San Bernardino Community College and the San Bernardino City Fire
Department wish to enter into an agreement to provide fire teclmology instruction to the public and
private organizations.
SECTION 2. The \clayor or his designee is hereby authorized and directed to execute said
agreement, a copy of which is attached as Attachment "A".
SECTIO:\' 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.
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JAMES F. PE:'\'MA.:'\I,
City t\ttorney
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RESOLLTIO:'\ OF THE :\1.\ YOR ..\:\0 CO;\I\IO:\ COL':\CIL OF THE CITY OF SA:\
BER'\'ARDI:\IO.\CTHORIZI:\G THE SA:\ BER:\ARDI:"iO CITY FIRE DEP.\RTME:\T
TO DITER I:\TO A FIRE TECH:\OLOGY CO'\'TRACT EOCCATlO:>." AGREDIE!\r
WITH THE SA:\' I3ER'\'ARDI:\O CO:\I:\IL:\ITY COLLEGE DISTRICT.
I HEREBY CERTIFY that the
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foregoing Resolution was duly adopted by the .'\1ayor and I
Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
,2006, by the following vote, to wit:
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Council '\lembers:
AYES
l\"AYS
ABSTAI:"i ABSE:\T
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ESTRi\DA
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R-'\..XTER
VACA!\T
DERRY
KELLEY
JOHi\'SO\:
l\ICCA..'\1MACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
.,2006.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to Form:
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AGREDIE:\T
FIRE TECH;\OLOGY CO:\TR.\CT EmiCA TI01\"
THIS AGREE~lE:'I;T is made and entered into by and between City of San
Bt'rnardino hereinal1er calkd the AGENCY and the San Bernardino Community
College District (Crafton Hills Collt'ge) hereinafter called the DISTRICT.
PART I
BASIS AJ\'D 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, Ti,le V of the CalifomiaCode of Regulations allows a Community College
to contract with a public or pri,'ate AGENCY to provide instruction;
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WHEREAS, the Ll!STRICT occasionally needs, and the agency can provide, certain
skil!cd 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
1. 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.
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PART III
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4.
If AGE!\CY provides the ins[ructo~;s. DISTRICT viill ~eimburse
the AGE~,CY 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 colkge
credits and/or certificates.
GE~ERAL RESPONSIBILITIES Al'.'I) PRIVILEGES OF
THE AGE1\'CY
A
For the Program in General
1. Inforol 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.
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PARTIV
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5. Schedule all certification of Fi,e Se[\.ice 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 of 20 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 A1'<'D 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 I 972,
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PART V
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and Section 505 of the Rehabilitation Act of 1973, do not discriminate
on the basis of ract:, color, r,ational origin, religion, sex, age cr
hanJicap 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, def,nd, indemnify and hold
harmless the AGENCY and its ejected and appointed officials,
ofiicers, 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' wmpensation 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
GHiERAL 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 ofthis paragraph.
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:\0 waiver of any previsi0n of this Agreement shall be effecti,'c unless in
writing and signed by a duly authorized representative of the party against
whom enforcement of a wai,'er is sought referring expressly to this
Paragraph. The waiver of any right or remedy in respect to any
OCCUlTence 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.
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.
c.
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 telms 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.
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PART VI
PER-IOD OF AGREE!\!E',T
A This agreement shall be effective as of the date signed and shall continue
i'1 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
I. Gpon written mutual consent by the District and the
Agency, or
2. In the event of any substantial default by either party
hereunder.
IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this
agreement as of the last date written below.
APPROVED BY THE AGDICY
City of San Bernardino
APPROVED BY THE DISTRICT
San Bernardino Community College District
Patrick J. Morris, !\,[ayor
Ronald P. Gerhard Business Manager
Date
Date
Agency Contract Contact:
Appro -cd as to Form: ()
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James "vlat Fratus. Training Officer
Nan1e
200 East Third Street
Address
San Bernardino C A 924] 0
(909) 384-5286
Phone
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