Loading...
HomeMy WebLinkAbout2006/12/05 Item 6 COUNCil AGENDA STATEMENT Item: (, Meeting Date: 12/5/06 ITEM TITLE: . . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AND APPROPRIATING FUNDS TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED REVENUE REVIEWED BY: Fire ChiefDP.f ~ City Manager JI (4/5ths Vote: Yes]LNo -l SUBMITTED BY: The City of Chula Vista has negotiated an agreement with the Southwestern Community College District for educational and training services in an effort to continue to meet the training requirements of the City of Chula Vista Fire Department. RECOMMENDATION: That Council adopts the above resolution and thereby: . Authorize the Mayor to execute the agreement with the Southwestern Community College District for training and educational services for fire department personnel. . Appropriate $15,000 to FY 2006-07 Fire Department budget for personnel services based on unanticipated revenue to offset training costs. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: The Fire Department currently participates in a cooperative in- service training program. This program is administered through the Regional Occupational Program (ROP) offered by Southwestern Community College. This program has been in existence for several years and includes the following agencies: Bonita, National City, Coronado, Imperial Beach, and Lemon Grove. 6-1 Item: to Meeting Date: 12/5/06 The program provides training sessions that cover State and Federally mandated training for fire department employees such as Emergency Medical Continuing Education hours, Hazardous Material Incident Management, Confined Space Awareness and Driver Training Skills. In addition, the:program also allows the City's neighboring jurisdictions receive standardized training in order to achieve consistent levels of service and facilitate mutual aid. However, due to changes to the ROP structure that have affected the availability of qualified instructors, the City was notified that it will be losing its funding for this program. As a result, the in-service training program will end on December 31, 2006. DISCUSSION: In an effort to continue to meet its training needs and mitigate costs, the City has negotiated an agreement with the Southwestern Community College District. Under the terms of this agreement the City of Chula Vista will provide students and qualified instructors to create a new training program to replace the ROP. The fire department employees will be registered with the college and enrolled at standard college fees (currently $20 per unit). In addition to the per unit fee, there will be a $2 health fee per semester per student. Each employee (student) may be enrolled for one or one and one half units per semester. One unit provides the college documentation for 54 training hours and one and one half units provides documentation for 80 training hours. Every 525 hours is equal to one Full Time Equivalent Student (FTES). Each FTES is equal to $3,860 of reimbursement. Reimbursement will be made by the State's education system that pays educational institutions for (FTES) hours. The proposed agreement with the college will pay the fire department 30% of the monies received from the State for training our personnel. The balance (70%) of the fees will remain with the college for administrative costs. Under this program, the fire department will be offsetting training costs by documenting and reimbursing eligible training hours. In return, the college will reimburse the fire department for the documented training hours submitted. All student fees will be paid at the end of the semester and will be deducted from the reimbursement funding earned. Therefore, the City will not incur any upfront costs for enrolling its employees in this program. The City will incur costs to provide trained instructors to support this program on an overtime basis. However, these costs are anticipated to be fully reimbursed under this agreement. DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. 6-2 FISCAL IMPACT: Approval of this agreement will result in $15,000 of overtime costs in FY 2006-07 for the Fire Department. These costs will be offset by $15,000 in reimbursement revenue that will be generated under the terms of the agreement. ATTACHMENT A - Southwestern Services Agreement " 6-3 Attachment A STANDARD INTER-AGENCY SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of _January_, 2007, by and between Southwestern Community College District, 900 Otay Lakes Road, Chula Vista, California 91910 ("District") and ("Agency"). . . RECITALS WHEREAS, fire safety personnel can best serve the public in emergency situations when personnel receives continuing education in fire science and technology and are to take continuing education fire science courses; and WHEREAS, the needs of the public are best served when participating agencies are trained in the same firefighting techniques to facilitate mutual aid; and WHEREAS, the public interest, convenience and general welfare will be served by coordinating the educational needs of the participating Agencies; and WHEREAS, under Education Code section 78021, Southwestern Community College District desires to contract Agency as an independent contractor to the District to provide for the educational services required; and WHEREAS, Agency, through its' Fire Department, has the personnel, expertise and equipment to provide the educational services required by this Agreement. TERMS AND CONDITIONS NOW THEREFORE, Agency and District agree as follows: 1. Services. Agency shall provide classroom and practical education courses to District as set forth in Attachment A, which is incorporated in this Agreement by this reference as though set forth in full. 2. This Agreement shall become effective on January 1, 2007 ("Effective Date") and terminate on December 31,2012 unless terminated earlier pursuant to paragraph 3 below. The Agreement's initial term shall run for a period of five (5) years from the Effective Date and shall automatically renew unless terminated as set forth in section 3, below.. 3. TERMINATION: Notwithstanding the paragraph above, District or Agency may terminate this Agreement at any time and for any reason, by giving specific written notice to the other party of the intent to terminate and specifying the effective date of the termination, at least thirty (30) days before the effective date of the termination. 1 of6 6-4 4. Fees and Expenses. a. The Agreement provides Agency with tuition reimbursement for services provided by Agency. b. Tuition cost per unit will apply each semester. Standard Off- Campus student health fee will be paid also. c. Reimbursement will be paid for one unit per semester (54 hours) or 1.5 units per semester (80 hours). Students will be required to meet the required number of hours. Reimbursement will not be made for reduced hours. Reimbursement to Agency by District will be split 70% to the college and 30% to the Agency for all Full Time Equivalent Students (FTES) earned for student hours. d. Registration fees will be paid at the end of each semester, and be deducted from the FTES earned. The Agency shall supply mutually acceptable documentation of the number of student contract hours provided by Agency. e. All documentation must be received by the District within thirty (30) days after the semester ends, or reimbursement will not be paid to Agency. 5. Claims Arisina From Sole Acts or Omissions of the District. District agrees to defend and indemnify the Agency, and its agents, officers and employees, from any claim, action or proceeding against Agency, arising solely out of the acts or omissions of District in the performance of this Agreement. At its sole discretion, Agency may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve District of any obligation imposed by this Agreement. Agency shall promptly notify District of any claim, action or proceeding and cooperate fully in the defense. 6. Claims Arisina From Sole Acts or Omissions of Aaencv. Agency agrees to defend and indemnify District, and its respective agents, officers and employees, from any claim, action or proceeding against District, arising solely out of the acts or omissions of Agency in the performance of this Agreement. At its sole discretion, District may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Agency of any obligation imposed by this Agreement. District shall promptly notify Agency of any claim, action or proceeding and cooperate fully in the defense. 7. Claims Arisina From Concurrent Acts or Omissions. Agency agrees to defend itself and District agrees to defend itself, from any claim, action or 20f6 6-5 proceeding arising out of the concurrent acts or omissions of Agency and District. In such cases, Agency and District agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in subsection 9 below. 8. Joint Defense. Notwithstanding subsection 7 above, in cases where Agency and the District agree in writing to a jOint:defense, Agency and District may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Agency and District. Joint defense counsel shall be selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. 9. Reimbursement and/or Reallocation. Where a final judgment of a court award allocates or determines the comparative fault of the parties, Agency and District may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. Termination for Cause. District may terminate this Agreement and be relieved of any consideration to Agency should Agency fail to perform the services required by this Agreement 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 for obtaining an alternative service provider shall be deducted from any sum due the Agency under this Agreement, and the balance, if any, shall be paid to the Agency~ 11. Non-Assianment: The Agreement is personal and shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. 12. Defined Services: The services, work and deliverables required in the Inter-Agency Services described in Attachment A shall be referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of Agency, operate to terminate this Agreement. 13. Entire Aareement. This Agreement, together with any other written document referred to or contemplated by this Agreement, embody the entire Agreement and understanding between the parties relating to the subject matter of the Agreement. Neither this Agreement nor any provision of the Agreement may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 3of6 6-6 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. Southwestern Community College District . Date: Date: By: By: Name: Name: Title: Title: 4of6 6-7 ATTACHMENT A INTER-AGENCY SERVICES TO BE PROVIDED BY: City of Chula Vista Fire Department 1. Teaching Approved Curriculum. All student-C:ontract hours submitted by Agency to District shall be instruction that has either been approved by the District's Curriculum and Instructional Council, or has been accepted as a topics course and approved by the District's Chief I nstructional Officer. 2. Instructor Qualifications. All instructors from Agency are required to meet the District's minimum or equivalent qualifications for hiring as part-time Fire Technology Instructors. 3. Equipment. Agency will provide line-of-sight supervision for instructors. Instruction will include the use of Agency's specialized equipment, facilities, all handouts, and instructors with specific expertise. 4. Non-overlap With Other Funding Sources. Instructional hours are conducted as full time equivalent students ("FTES") under courses through the Fire Technology Department at Southwestern College, which also have been or will be submitted for California Joint Apprenticeship Committee and/or JPTA funding. 5. Enrollment of Students. District will supply current student enrollment forms to Agency. Agency will return properly completed enrollment forms and enrollment fees to District prior to the beginning of instruction. Agency recognizes that out-of-state tuitions fees will be charged for students who are not California residents. Student attendance and achievement records will be maintained by District and be available for review by students and instructors at normal business hours. 6. Instructional Activities. The Administrators of District and Agency (or their designees) will meet at mutually agreed upon intervals to plan curriculum and review class hours to insure performance objectives are met, and to schedule and budget for instructional activities. The joint consent of District and Agency shall be required before any instructional activity is approved. Instructional activity will include supervision and evaluation of students and student withdrawal prior to completion of a course. 50f6 6-8 7. List of Course(s) or Course Topics. District will make available to Agency a list of all courses included in the course catalog and additional topics classes consistent with college standards for curriculum adoption. 8. Services. District and Agency will insure that 'ancillary and support services 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 college and has met applicable prerequisites. 60f6 6-9 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AND APPROPRIATING FUNDS TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED REVENUE WHEREAS, the Fire Department currently participates in a cooperative in-service training Regional Occupation Program (ROP); and; WHEREAS, due to changes to the ROP structure that have affected the availability of qualified instructors, the City was notified that it will be losing its funding for this program; and, WHEREAS, in an effort to continue to meet its trarnmg needs and mitigate training costs, the City has negotiated an agreement with the Southwestern Community College District for a new training program; and, WHEREAS, the agreement will provide the Fire Department with the means to continue its cooperative in-service training by enrolling its employees in the program and allow the department to offset training costs through reimbursement from Southwestern College; and, WHEREAS, the fire department will provide trained instructors to support the training program as stipulated in the agreement and may incur overtime costs; and, WHEREAS, the overtime costs will reimbursed by Southwestern College thus resulting in no fiscal impact to the City of Chula Vista; and, NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Chula Vista does hereby adopt the Agreement with the Southwestern Community College District to conduct an in-service training program and amends the FY2006-07 Fire Department budget in the amount of $15,000 for overtime expenses to be reimbursed as stipulated. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by: Approved as to form by: Douglas A. Perry Fire Chief ~3if1?~r CIty Attorney H:/shared/attomeylFire-Southwestem College Agreement 6-10