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HomeMy WebLinkAbout1990-499 9 10 11 1 2 3 4 5 6 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 15 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. 20 21 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 22 CITY OF SAN BERNARDINO AS FOLLOWS: 23 24 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. 8 9 10 11 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 The authorization to execute the above referenced agreements is rescinded if the parties to said agreements fail to execute said agreements within sixty (60 ) 12 days of the passage of this resolution. 13 14 I HEREBY CERTIFY that the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 -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 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 ,/ ./ Approved as to form and legal content: JAMES F. PENMAN City Attorney By: }IlA/V>1bO.9 ?C1~^",,- / ( ,,./ 10/18/90 -3- "I e e I Ie SUBSCRIPTION AGREEMENT Ie I I 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. e //.~7 , \ l. {z,'few ~~Qru0~ Thomas I. Parlett, President San Bernardino/Rialto Fire Fighters Local # 891 Ie ~- rzc/o James F. McMullen Sponsor CFFJAC ~ ~~"'"' Daniel A. Terry Chairman CFFJAC e I e 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 e . San Bernardino City _ _ 11/90 .,:ct'L~"'I' . INDEX . . Article 1 - Definitions Article 2 - Apprenticeship Considerations Article 3 - Applicable Rules and Regulations '. Attachment A - Reimbursement Rates by Apprenticeship Title Attachment B - Equipment and Services Disbursement Policy . . Exhibit A - CFFJAC Apprenticeship Standards Exhibit B - CFFJAC Rules and Regulations . . . . . San Bernardino City _ _ 11/90 .,€).~...\ - WIlNESSETII: - 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, - 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, - 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. - NOW, TIIEREFORE, in consideration of the foregoing and the mutual promises hereinafter provided, the parties agree as follows: ARTICLE I DEFINITIONS - 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. - 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: - . "Fire Fighter" - suppresses fires and participates m other related activities . "Wildland Fire Fighter Specialist" - suppresses fires primarily in wildland and forested areas I- . San Bernardino City _ _ 11/90 ."'eJ-M.\ . . . . . . . . . . . "Fire Suppression Technician" - assists in the suppression of wildland fires and participates in land management activities designed to prevent/limit fires . "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 . "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 . "Hazardous Materials Response Technician" - responds to hazardous materials incidents and participates in activities to identify and mitigate life and property threatening situations . "Fire Officer" - supervises a company of fire suppression personnel . "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 . "Fire Prevention Officer" - plans, produces, and implements community public fire safety education programs . "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 . San Bernardino City . ,€J. "".1 _ _ 11/90 . . 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. . 1.5 "Employer" means the Department. 1.6 "Governin~ Body" means that political entity having jurisdiction over the Department. . 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. . San Bernardino City .,.E;f'.O\ _ _ 11/90 . 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; . (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. . . . San Bernardino City 11/90 ,,'EJ'ohll.' . . 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. . 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. . 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. . . 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. . . 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. . . . San Bernardino City _ _ 11/90 '.'Eit:'611-' . Article III . Apprenticeship Rules & Regulations . I 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 . Exhibit B - CFFJAC Rules & Regulations . 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. . 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. . 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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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. . . . . . ATTACHMENTB . . San Bernardino City 11/90 ..~M'