CONTRACT 5134 Vender AgreementAgreement No. 5134
SU&SCRfFWN AGREBWENT
This SuhscrfpVon Agreement �'Aqrep ?rnent.') k entered kirn XI(t hPhAleer� dv-, Calibrnla
Nrefighter joint AppreriticeshIp Conimittee, a nor prrytt h,
ewje t cor t
pora dOn'
hereinafter referred to as the Cal-JAC" the City of P'i S,egundo, i ni�, njcfpaj coirpc)ration, on
behalf of its F`-ire I paitment, hereinafter referrod to as thp lnelparrmerlt,'anrl the Ef Ses9tit,ldo
Firefighters Assocladon, a non profit assod,,r Wan, here-after ref(,-wed to as "L)nion," This
Agreernent consists of and! Is firflited 01 �Cape to, Articje; i, if and W, the applicat)1e occf.1pations
ffstcd iri Atrarchme,'?nt A and the, eqr ilpmentand sprMom,; 6sbursernent pcAry in,,Vtachrnera B.
CM' OF E
C
hris Donovan
Fire Chief
El Segundo Fire Department
Aftest
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Tr a Weave
ftyv Clerk
aim
for
Writ D. 11,,ens,')
City Attorney
Ei SEGUNDO EAGHT RS, CC,
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CAUFORNIA FIREFIGHTER JOINT APPRENTICESHIP COMMI7TEE,-1 - --
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El Segundo Fire Department Date Received D-f � f �
Agreement No. 5134
►fi�T73 :�
Article I - Definitions
Article II - Apprenticeship Considerations
Article III - Applicable Rules and Regulations
Attachment A - Reimbursement Rates by Apprenticeship Title
Attachment B - Equipment and Services Disbursement Policy
Exhibit A - Cal -JAC Apprenticeship Standards
Exhibit B - Cal -JAC Rules and Regulations
El Segundo Fire Department
Agreement No. 5134
RECITALS:
WHEREAS: the California Firefighter 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 training, education,
experience, performance objectives, and minimum requirements for professional competence
of an apprentice and journeyperson; and,
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 train qualified individuals
as apprentices with the Department in accordance with the Apprenticeship Standards
established solely for the Department, by the California Firefighter Joint Apprenticeship
Committee; and,
WHEREAS: the Department and Union enter this Agreement with the mutual
understanding that the terms and conditions of such Agreement do not constitute any
change to the terms and conditions of any Department employee's employment.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
hereinafter provided, the parties agree as follows:
ARTICLE I
Definitions
Section 1.1 ,Apprentice" means a person who 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 Cal -
JAC's Standards.
Section 1.2 "! Q rent ceable 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 a journeylevel. For the Cal -
JAC, those occupations are:
'Fire Fighter" - suppresses fires and participates in other related
activities.
"Wi ld /and Fire Fighter Specialist" - suppresses fires primarily in wildland
and forested areas.
El Segundo Fire Department
Agreement No. 5134
* 'Fire .Supprss'ion 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 or 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 Medical Care
and Basic Life Support at the scene of emergencies.
* 'Paramedic" - provides Advanced Life Support and Emergency Medical
Care in accordance with the EMS Authority regulations.
* "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 Tralnir7g Officer" - coordinates and provides
instruction to department personnel on job related subjects.
* 'Fire Fighter Paramedic" - suppresses fires, responds to natural and
man made disasters, accidents and hazards to provide rescue and
emergency services, provides Emergency Medical Care and Basic and
Advanced Life Support in accordance with the EMS Authority
regulations.
El Segundo Fire Department
Agreement No. 5134
Heavy Fire Equipment Operator" - operates heavy equipment and
other types of motorized heavy fire equipment used in wildland fire
suppression.
Section 1.3 'Ap Lunt Cell °iip St, indards" means the Cal -JAC's Apprenticeship Standards
established solely for the Department under authority of the Administrator of
Apprenticeship, Division of Apprenticeship Standards or the Director of the
Bureau of Apprenticeship and Training.
Section 1.4 ",pprenti'ce Training Academ means an intensified course of training
administered by the Employer under the direction of the Cal -JAC in accordance
with the Apprenticeship Standards established solely for the Department.
Section 1.5 "CJ r r nt" means the El Segundo Fire Department.
Section 1.6 Reserved.
Section 1.7 point4ca,, rentice;sh¢ Committee CaP -JAC" means the California Firefighter
Joint Apprenticeship Committee.
Section 1.8 "JouLneyperson" 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.
Section 1.9 "EEg�ft re t ices hi p Traininc I -ro rrn" means a program designed to facilitate
the Department's affirmative action recruitment and hiring goals or provide
information, training or experience to individuals not currently eligible for
apprenticeship.
Section 1.10 'Related and Su lemental 1r structi�on" means supervised instruction, while on
duty, provided by the Department to the apprentice. This instruction is
provided to enhance the skills and knowledge of the apprentice.
Section 1.1 1 "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 Cal -JAC on matters affecting apprentices of an individual employer; and
such action shall be subject to approval, modification, or reversal by the
California Firefighter Joint Apprenticeship Committee.
Section 1.12 "Union" means the El Segundo Firefighters' Association.
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;
El Segundo Fire Department
Agreement No. 5134
(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
grounds, fire apparatus, audio visual equipment, books, other
instructional supplies, and such Department equipment as maybe
necessary to accomplish training;
(d) Conduct, under the Cal -JAC's direction, the training of apprentices in
accordance with the Apprenticeship Standards; the Department shall
abide by the Apprenticeship Standards and use its best efforts to secure
the cooperation of the Union which represents those classes of
employees;
(e) Designate an "Instructor of Record" who possesses 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 Cal -JAC (referred to as Sub JAC). The Sub JAC responsibilities are
referred to in the Rules and Regulations of the Cal -JAC.
Section 2.2 The amount of money reimbursed to the Department for costs and expenses
associated with apprenticeship training provided by the Department shall be
equal to the sum of $ 3.10 per hour times each hour of academy and /or related
and supplemental instruction given to an apprentice, and which is submitted
to the Cal -JAC and reported by the Cal -JAC to a Local Educational Agency
(LEA).
Section 2.3 The Cal -JAC shall reduce revenues due to the Department in an amount equal
to the administrative fees as described on Attachment A.
Section 2.4 The Cal -JAC will disburse funds owed to the Department within 20 days of the
Department's written request. At the Department's sole discretion and
direction, the funds 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
Cal -JAC shall prioritize the disbursement of funds as follows: the
apprenticeship training hours received first will be funded first, until the
available funds are exhausted.
El Segundo Fire Department
Agreement No. 5134
Section 2.6 The Department and /or Union may terminate this Agreement, with or without
cause, at any time by giving written notice to all parties 60 days prior to the
effective date of termination.
Section 2.7 The Cal -JAC may withdraw from this Agreement only if the Department is not
providing the required training or complying with the Cal -JAC Standards or
Rules and Regulations. The Cal -JAC may also terminate this Agreement if the
Department discriminates in any unlawful fashion.
Section 2.8 All communications to either parry by the other party will be deemed made
when received by such party at its respective name and address as follows:
City of El Segundo
Attn: Fire Chief
314 Main Street
El Segundo, CA 90245
El Segundo Firefighters' Association
Attn: Andy Powell, President
531 Main Street (PMP # 1 104)
El Segundo, CA 90245
Cal -JAC
Attn: Yvonne de la Pena, Executive Director
1780 Creekside Oaks Drive
Sacramento, CA 95833
Any such written communications by mail will be deemed to have been
received by the addressee upon deposit thereof in the U.S. Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery.
ARTICLE III
Apprenticeship Rules & Regulations
Section 3.1 The Department and the Cal -JAC 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 - Cal -JAC Apprenticeship Standards
Exhibit B - Cal -JAC Rules & Regulations
Section 3.2 The City of El Segundo 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 Department agrees, to the extent permitted by law, to indemnify and hold
harmless the Cal -JAC from any property damage liability arising out of the
El Segundo Fire Department
Agreement No. 5134
Department's acts under this Agreement related to the training program and
the individual. The Department shall indemnify and hold harmless the Cal -JAC
for normal wear and tear and /or damage to hose, tool, equipment, apparatus,
during the testing and training throughout the course of this Agreement.
Section 3.5 The Cal -JAC agrees, to the extent permitted by law, to indemnify, defend and
hold harmless the City of El Segundo, its elected officials, officers, agents, and
employees from any claims and losses occurring or resulting from any acts of
negligence on the part of the Cal -JAC in connection with its performance of
this Agreement.
Section 3.6 This Agreement was drafted in, and will be construed in accordance with the
laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
Section 3.7 If any portion of this Agreement is declared by a court of competent jurisdiction
to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this
Agreement will continue in full force and effect.
Section 3.8 The Parties represent and warrant that all necessary action has been taken by
the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by
written amendment.
Section 3.9 This Agreement, and its Attachments and Exhibits, set forth the entire
understanding of the parties. There are no other understandings, terms or
other agreements expressed or implied, oral or written. There are two (2)
Attachments and two (2) Exhibits to this Agreement. This Agreement will bind
and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
El Segundo Fire Department
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Agreement No. 5134
ATTACHMENT B
EQUIPMENT AND SERVICES DISBURSEMENT POLICY
All funds earned by the Department will be entered into a clearing account.
Upon presentation of a written request for disbursement from the Department, the Cal -JAC
will either (1 ) reimburse the Department by disbursing funds in the amount requested by the
Department or (2) in lieu of disbursing funds, purchase or provide 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 value for any service.
The Cal -JAC provides no warranty expressed or implied concerning the goods or services that
are requested by the Department.
The Cal -JAC acts only as an agent for purchasing in all transactions.
ATTACHMENT B
El Segundo Fire Department