HomeMy WebLinkAbout1990-499
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RESOLUTION NO. 90-499
A
CITY OF
BETWEEN
FIGHTER
SERVICES
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS
THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE
JOINT APPRENTICESHIP COMJIoIITTEE FOR FIRE TRAINING
WHEREAS: The California Fire Fighter Joint Apprenticeship
Committee has established,
and there now exists Training
7 Standards which identify the professional levels of competence
8 required of apprentices, journeypersons and employees; and,
WHEREAS:
These Training Standards specify the training,
education,
experience,
performance objectives,
and minimum
12 requirements for professional competence of an apprentice,
13 journeyperson and employee; and,
14
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WHEREAS:
The principal objective of the Apprenticeship
16 Standards is to bring about methods of uniform instruction
17 and standardized training techniques utilized by the fire
18 service throughout California, and to establish an effective
19 affirmative action program for the California Fire Service.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
22 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino
25 is hereby authorized and directed to execute, on behalf of
26 said City, agreements with the California Fire Fighter Joint
27 Apprenticeship Committee relating to the Apprentice Level
28 10/18/90 -1-
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN
2 'l'HE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER
JOINT APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES
3
4 Training Agreement and the Journey Level Training Agreement,
5 copies of which are attached hereto, marked as Exhibit "A"
6 and "Exhibit "B" respectively, and incorporated herein by
7 reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the
above
referenced agreements is rescinded if the parties to
said
agreements fail to execute said agreements within sixty
(60 )
12 days of the passage of this resolution.
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14 I HEREBY CERTIFY that the foregoing Resolution was adopted
15 by the Mayor and Common Council of the City of San Bernardino
at a
regular
meeting thereof, held on the 17th
day
16
17
18
of
December
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
19 ESTRADA
X
20 REILLY
21 FLORES
22 MAUDSLEY
23 MINOR
X
X
X
X
24 POPE-LUDLAM
25 MILLER
26
27
X
X
~~~
28 10/18/90
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN
THE CITY OF SAN BERNARDINO AND THE CALIFORNIA FIRE FIGHTER
JOINT APPRENTICESHIP COMMITTEE FOR FIRE TRAINING SERVICES
The foregoing resolution is hereby approved this 20th
day of
December
, 1990.
>//(
i
W. R. H0LCOMB, ~mYOR
,/
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: }IlA/V>1bO.9 ?C1~^",,-
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10/18/90
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SUBSCRIPTION AGREEMENT
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This agreement is entered into by, and, between the California Fire Fighter Joint
Apprenticeship Committee, hereinafter referred to as the "CFFJAC" and the San
Bernardino City Fire Department, hereinafter referred to as the "Department". This
Agreement is limited in scope to Articles 1, 2, & 3 and the applicable occupations listed
in Attachment A.
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, \ l. {z,'few
~~Qru0~
Thomas I. Parlett, President
San Bernardino/Rialto Fire Fighters
Local # 891
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~- rzc/o
James F. McMullen
Sponsor
CFFJAC
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Daniel A. Terry
Chairman
CFFJAC
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APPROVED AS TO FORM
ANO LEGAL CONTENT.
James F. Penman,
City '({torney 1 J.
By: 11.f2,1o</-? ~-Il/'-'-<-'
f)
Attest:
~~k~
e
November, 1990
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San Bernardino City
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INDEX
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Article 1 - Definitions
Article 2 - Apprenticeship Considerations
Article 3 - Applicable Rules and Regulations
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Attachment A - Reimbursement Rates by Apprenticeship Title
Attachment B - Equipment and Services Disbursement Policy
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Exhibit A - CFFJAC Apprenticeship Standards
Exhibit B - CFFJAC Rules and Regulations
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WIlNESSETII:
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WHEREAS: the California Fire Fighter Joint Apprenticeship Committee has
established, and there now exists Apprenticeship Standards which identify the professional
levels of competence required of apprentices and journeypersons in structured worksite
training systems; and,
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WHEREAS: these Apprenticeship Standards specify the trammg, education,
experience, performance objectives, and minimum requirements for professional
competence of an apprentice and journeyperson; and,
I-
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; and,
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WHEREAS: it is the intent of the parties signatory hereto to recruit, select, and train
qualified individuals for employment with the Department as apprentices in accordance
with the Apprenticeship Standards established solely for the Department, by the
California Fire Fighter Joint Apprenticeship Committee.
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NOW, TIIEREFORE, in consideration of the foregoing and the mutual promises
hereinafter provided, the parties agree as follows:
ARTICLE I
DEFINITIONS
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1.1 "A,pprentice" means a person who has met the preapprenticeship
prerequisites and is registered with the State Division of Apprenticeship
Standards and/or the Federal Bureau of Apprenticeship and Training to
be trained to become a journeyperson in conformity with the CFFJAC's
Standards.
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1.2 "A,pprenticeable Occupations" means those full-time occupations
recognized through the State Division of Apprenticeship Standards or the
Federal Bureau of Apprenticeship and Training to be trained to ajourney
level. For the CFFJAC, those occupations are:
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"Fire Fighter" - suppresses fires and participates m other related
activities
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"Wildland Fire Fighter Specialist" - suppresses fires primarily in wildland
and forested areas
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"Fire Suppression Technician" - assists in the suppression of wildland
fires and participates in land management activities designed to
prevent/limit fires
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"Arson and Bomb Investigator" - investigates fires and assists in the
apprehension and conviction of arsonists.
.
"Fire Fighter Diver" - suppresses fires and performs emergency
operations as a diver
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"Fire Medic" - suppresses fires, provides Basic Life Support, and
participates in other related activities
· "Emergency Medical Technician" - provides Emergency Care and Basic
Life Support at the scene of emergencies
· "Paramedic" - provides Advanced Life Support and emergency care
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"Hazardous Materials Response Technician" - responds to hazardous
materials incidents and participates in activities to identify and
mitigate life and property threatening situations
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"Fire Officer" - supervises a company of fire suppression personnel
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"Fire Engineer" - drives and operates fire apparatus and equipment
· "Fire Apparatus Engineer" - suppresses fires; drives and operates fire
apparatus and participates in other related activities
· "Fire Equipment Specialist" - repairs and maintains fire apparatus and
department vehicles
· "Fire Inspector" - performs fire prevention inspections and enforces
applicable codes and ordinances
· "Fire Marshal" - supervises and coordinates fire prevention activities
and personnel
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"Fire Prevention Officer" - plans, produces, and implements community
public fire safety education programs
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"Fire Department Training Officer" - coordinates and provides
instruction to department personnel on job related subjects
1.3 "Apprenticeship Standards" means the CFFJAC's Apprenticeship
Standards established solely for the Department under authority of the
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Administrator of Apprenticeship, Division of Apprenticeship Standards
or the Director of the Bureau of Apprenticeship and Training.
1.4
"A,pprentice Trainin~ Academy" means an intensified course of training
administered by the Employer under the direction of the CFFJAC in
accordance with the Apprenticeship Standards established solely for the
Department.
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1.5 "Employer" means the Department.
1.6 "Governin~ Body" means that political entity having jurisdiction over the
Department.
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1.7 "Joint Apprenticeship Committee (CFFJAC)" means the California Fire
Fighter Joint Apprenticeship Committee.
1.8 "Journe-xperson" means a person who has successfully fulfilled all the
. requirements of the Apprenticeship Standards as an apprentice approved
by the State Division of Apprenticeship Standards or the Federal Bureau
of Apprenticeship and Training.
1.9 "Pre-Aoorenticeship Traininl! Program" means a program designed to
. facilitate the Employer's affirmative action recruitment and hiring goals
or provide information, training or experience to individuals not currently
eligible for apprenticeship.
1.10 "Related and Supplemental Instruction" means supervised instruction,
. while on duty, provided by the Employer to the apprentice. This
instruction is provided to enhance the skills and knowledge of the
apprentice.
1.11 "Sub-JAC" means a committee composed of an equal number of
. representatives of an individual employer and an individual union.
Typically Sub-JACs are composed of three (3) members representing
labor and three (3) members representing management. The
subcommittee shall act on behalf of the Joint Apprenticeship Committee
on matters affecting apprentices of an individual employer; and such
action shall be subject to approval, modification, or reversal by the
. California Fire Fighter Joint Apprenticeship Committee.
1.12 "Union" means San Bernardino/RiaIto Fire Fighters Local #891.
1.13 "School District" means whatever school district, including, but not limited
. to local high school or community college district the CFFJAC utilizes
for the particular program.
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Article II
· Apprenticeship Considerations
Section 2.1 In consideration of Attachment A, the Department agrees to:
(a) Make available and provide academy training to all apprentices;
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(b) Make available and provide all related and supplemental instruction
to each apprentice;
(c) Provide such training support services as to facilitate (a) and (b) above
. which may include, but are not limited to, classrooms, instructors, drill
i grounds, fire apparatus, audio visual equipment, books, other
instructional supplies, and such Department equipment as maybe
necessary to accomplish training;
. (d) Conduct, under the CFFJAC's direction, the training of apprentices
in accordance with the Apprenticeship Standards; the Employer shall
abide by the Apprenticeship Standards and secure the cooperation of
the labor organization representing those classes of employees;
. (e) Designate an "Instructor of Record" who possess' an appropriate
California Credential for the purpose of reviewing and supervising all
academy and related and supplemental instruction;
(f) Provide all personal items, protective clothing, instructional supplies,
. and other training related materials required for use at the apprentice
training academies;
(g) Provide the necessary supervision to ensure the safety and training of
apprentices during all aspects of their apprenticeship;
. (h) Not discriminate in the hiring or the promotional process;
(i) Appoint and support management members to a Sub-Committee of
the CFFJAC (referred to as Sub-JAC). The Sub-JAC responsibilities
are referred to in the Rules and Regulations of the CFFJAC.
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Section 2.2 The amount of money reimbursed to a participating department for costs
and expenses associated with apprenticeship training shall be equal to the
sum of $2.75 per hour times each hour of academy and/or related and
supplemental instruction given to an apprentice, and which is submitted to
the CFFJAC each reporting period.
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Section 2.3 The CFFJAC shall reduce revenues due to a participating department in
an amount equal to the administrative fees as described on Attachment A.
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Section 2.4 Funds owed to the Department will be available for disbursement on the
last day of each quarter (March 31, June 30, September 30, and December
31) for attendance submitted by the Department and reported by the
CFFJAC to an educational institution during the previous quarter. The
CFFJAC will disburse funds owed to the Department within 10 days of the
Department's written request for available funds. Said funds, at the
Department's direction, may be disbursed in the form of services,
equipment, supplies or other materials in accordance with Attachment B.
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Section 2.5 In the event the state deficits funds for apprenticeship and related training,
the CFFJAC shall prioritize the disbursement of funds based on the date
of the Subscription Agreement. The Department shall hold the CFFJAC
harmless by guaranteeing repayment of any funds advanced by CFFJAC
not reimbursed by the State.
Section 2.6 The Department and/or the Union may withdraw from this apprenticeship
program agreement as described in this section, without fault, at any time
by giving written notice 60 days prior to the effective date of termination.
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Section 2.7 The CFFJAC may withdraw from this agreement only if the Department is
not providing the required training or complying with the CFFJAC
Standards or Rules and Regulations. The CFFJAC may also terminate this
agreement if the Department discriminates in any unlawful fashion. The
CFFJAC may hear such complaints, and is the final appeal body for the
purpose of terminating this agreement.
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Article III
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Apprenticeship Rules & Regulations
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Section 3.1 The Department and the CFFJAC agree to conduct this training program
in a lawful manner and in accordance with all applicable State and Federal
regulations and program requirements. The following exhibits are
referenced herein and shall be made a part of this Agreement.
Exhibit A - CFFJAC Apprenticeship Standards
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Exhibit B - CFFJAC Rules & Regulations
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Section 3.2 The Department or its governing body's personnel division 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.
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Section 3.3 The Union agrees to support the Apprenticeship Program, this agreement,
and to appoint and support members to the Sub-JAC and other
Committees.
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Section 3.4 The Employer, to the extent permitted by law, shall indemnify and hold
harmless the CFFJAC 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 related to the training program and the
individual. The Employer shall indemnify and hold harmless the CFFJAC
for normal wear and tear and/or damage to hose, tools, equipment,
apparatus, during the testing and training throughout the course of this
Agreement.
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Section 3.5 The CFFJAC agrees, to the extent permitted by law, to indemnify, defend
and hold harmless the Employer, its officers, agents, and employees from
any claims and losses occurring or resulting from any acts of negligence on
the part of the CFFJAC in connection with their performance of this
Agreement.
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EQUIPMENT AND SERVICES DISBURSEMENT
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All funds earned by the Department will be entered into a clearing account.
Upon presentation of a written request for disbursement from the Department authorized
representative(s), the CFFJAC will purchase or provide said equipment, materials or
services for the Department.
.
The Department clearing account will be reduced by the price of the equipment, materials,
etc., and/or an agreed upon price for any service.
.
The CFFJAC provides no warranty expressed or implied concerning the goods or services
that are requested by the Department.
The CFFJAC acts only as an agent for purchasing in all transactions.
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ATTACHMENTB
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San Bernardino City
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