DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
August16,2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief r
Jeff Chumbley, Fire Chief
858-668-4461 or [email protected]
CITY COUNCIL
Resolution Authorizing the City Manager to Enter into an Inter-Agency Service Agreement with Palomar Community College District
Consideration of a resolution authorizing the Poway Fire Department and the Palomar Community College District ("District") to enter into an Inter-Agency Service Agreement to obtain funding for Fire Technology training.
Recommended Action:
It is recommended the City Council adopt the attached resolution authorizing the City Manager to enter into an agreement with Palomar Community College for the purpose of obtaining funding from the Palomar Community College District for Fire Technology training conducted by the Poway Fire . . .
Department.
Discussion:
The Poway Fire Department and the Palomar Community College District wish to enter into a mutually beneficial Inter-Agency Service Agreement, which allows the District to contract with the Poway Fire Department for specific Fire Technology training. The training curriculum must be approved by the college's Chief Instructional Officer and must be taught under the direct supervision of qualified instructors. This agreement is effective June 22, 2022 through June 21, 2027; a period of time not to exceed five (5) years. Each semester, the Fire Department will pay the tuition fee at $71.00 per student for a total of 31 students, approximately $4,400 per year. Upon successful completion of training each semester, the Fire Department will submit an invoice to the District along with a detailed report of training accomplished for reimbursement of $3.50 per training hour, not to exceed 81 hours per semester for the 31 students, approximately $17,600 per year. It is anticipated a little more than $13,000 per year could be paid to the City under this Fire Department agreement. 1 of7
August 16, 2022, Item #3
Environmental
Review:
Th
is item
is
not
subject
to
CEQA
for
review.
Fiscal
Impact:
Under
the
terms
of
this
agreement,
the
City
could
see
a
net
benefit
of
over
$13,000
per
year
. While
the
City
will
pay
approximately
$4,400
pe
r year
to
provide
training
to
its
firefighters
through
Palomar
Community
College
District,
it
will
also
receive
up
to
$17
,600
for
providing
qualified
Fire
Department
staff
to
teach
the
training
classes
. Staff
requests
an
appropriation
for
both
the
revenue
($17,600
to
501050-78910)
and
expenditure
($4,400
to
501050-31040)
components
of
this
agreement.
Public
Notification:
None. Attachments: A.
Resolution
B.
Standard
Inter-Agency
Serv
ice
Agreement
Reviewed/Approved
By
:
W~
~
aserman
Assistant
City
Manager
2 of
7 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By:
August 16, 2022, Item #3
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
AUTHORIZING
THE
CITY
MANAGER
TO
EXECUTE,
ON
BEHALF
OF
THE
CITY,
AN
INTER-AGENCY
SERVICE
AGREEMENT
WITH
THE
PALOMAR
COMMUNITY
COLLEGE
DISTRICT
WHEREAS,
under
Government
code
Section
53060
and
Education
Code
Section
78021,
the
Palomar
Community
College
District
desires
to
contract
with
the
City
of
Poway
Fire
Department
as
an
independent
contractor
to
the
District
for
the
purpose
of
obtaining
funding
for
Fire
Technology
training
conducted
by
the
Poway
Fire
Department;
WHEREAS,
the
Poway
Fire
Department
has
the personnel,
expertise,
and
equipment
to
provide
the
special
services
herein;
WHEREAS,
the
Poway
Fire
Department
will
pay
the
tuition
fee
of
$71.00
per
student,
per
semester
to
the
District,
approximately
$4,400;
WHEREAS,
the
District
will
pay
the
Poway
Fire
Department
$3.50
per
training
hour,
per
student,
not
to
exceed
81 hours
per
semester,
per
student,
which
on
an
annual
basis
will
equate
to
approximately
$17,600
of
revenue;
and
WHEREAS,
this
agreement
is
effective
June
22,
2022
through
June
21,
2027;
a
period
of
time
not
to
exceed
five
(5)
years
.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
City
Council
authorizes
an
appropriation
of
$17,600
to
revenue
account
501050-78910
and
$4,400
to
expenditure
account
501050-31040
for
an
Inter-Agency
Service
Agreement
with
the
Palomar
Community
College
District.
PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
16th
day
of
August,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED
:
\\ \\ 3
OF7
ATTACHMENT
A
August 16, 2022, Item #3
ATTEST:
Carrie Gallagher, CMC, City Clerk
40F7
Steve Vaus, Mayor
Resolution No. 22-
August 16, 2022, Item #3
STANDARD INTER-AGENCY SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the Palomar Community College District, 1140 W. Mission Rd., San Marcos, California 92069 ("District") and the City of Poway Fire Department, ("Agency").
RECITALS
WHEREAS, under Government Code 53060 and Education Code 78021, Palomar Community College District desires to contract Agency as an independent contractor to the District; and WHEREAS, Agency has the personnel, expertise and equipment to provide the special services required herein, and
WHEREAS, the public interest, convenience and general welfare will be served by this contract;
TERMS AND CONDITIONS
NOW THEREFORE, Agency and District agree as follows:
1. Services-Agency shall diligently furnish to the District the services as set forth in Attachment A, hereby incorporated in this Agreement by this reference.
2. This Agreement shall continue until terminated upon 30 days prior written notice given by either party. Either party may terminate without cause.
3. Agency fee and Expenses -The fee to be paid by the district for the services and materials to be supplied hereunder is $3.50 per student contract hour. The Agency shall invoice the District at the end of each semester, supplying mutually acceptable documentation of student contact hours.
4. The Agency shall indemnify, defend and save the District, agents and employees harmless from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers and any other persons, firms, or corporations furnishing or supplying work, services, materials or supplies who may be injured or damaged by the Agency in the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Agency in the performance of this Agreement. The Agency shall provide necessary worker's compensation insurance for its employees at Agency's own cost and expense.
5. The District shall indemnify, defend and save the Agency, its officers, agents and employees harmless from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers and any persons, firm, or corporations furnishing or supplying work, services, materials or supplies who may be injured or damaged by the District in the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the District in the performance of this Agreement. The District shall provide necessary worker's compensation insurance for its employees at District's own cost and expense.
Contract# 22-A-381
Sof7
1 ATTACHMENT B
August 16, 2022, Item #3
6. The District may terminate this Agreement and be relieved of any consideration to Agency should Agency fail to perform the covenants herein 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 of the District shall be deducted from any sum due the Agency under this Agreement, and the balance, if any, shall be paid the Agency.
7. This Agreement is personal and shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement.
8. Time is of the essence for each of the provisions of this Agreement, and all the provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns ofthe respective parties hereto.
9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms of this Agreements unless made in writing between parties hereto, shall be binding on any of the parties hereto.
DURATION OF CONTRACT
1. This agreement is effective June 22, 2022 through June 21, 2027; a period of time not to exceed five (5) years, but may be terminated by either party hereto by serving notice in writing of the intention to so terminate to the other party. Any such intention to terminate shall become effective at the conclusion of the school year during which the notice is received. For the purposes of this section a school year shall be between September 1st and June 30th of the following year.
2. This agreement shall be reviewed annually by the administrative staffs of DISTRICT and AGENCY
3. This Agreement may be amended at any time on the written approval of both parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above.
ATTN: Chris Hazeltine
Name of Agency: City of Poway
Fire Department
Address: 13325 Civic Center Drive
Poway, CA 92064
Date: ----------
By: ________ _
Title: _________ _
6of7 2
Richard Taylor
Palomar Community College District
1140 West Mission Road
San Marcos, CA 92069
Date: __________ _
By: __________ _
Title: __________ _
August 16, 2022, Item #3
ATTACHMENT A
INTER-AGENCY SERVICES
TO BE PROVIDED BY:
City of Poway Fire Department
1. Teaching Approved Curriculum: All student contact hours submitted by the City of Poway Fire Department to Palomar Community College District shall be part of instruction that has either been approved by the college's Curriculum and Instructional Council, or has been accepted as a topics course and approved by the college's Chief Instructional Officer. Hours shall be recorded in 60 minute blocks and the maximum number of hours that may be submitted is 81 per semester. Training hours occurring on College Holidays or non-teaching days will not be accepted.
2. Instructor Qualifications: All student contact hours submitted by the City of Poway Fire Department to Palomar Community College District shall have been taught under the line of sight supervision of instructors who meet the college's minimum or equivalent qualifications for hiring as part-time Fire Technology Instructors. This expertise is furnished at the expense of the City of Poway Department. The services include the use of their specialized equipment, facilities, all handouts, and instructors with specific expertise.
3. Non-overlap with other funding sources: The above instructional hours are conducted as full time equivalent students (FTES) under courses through the Fire Technology Department at Palomar College. The City of Poway Fire Department certifies that no student contact hours will be submitted to Palomar Community College District which also have been or will be submitted for California Joint Apprenticeship Committee and/or JPTA funding.
4. Enrollment of Students: Palomar Community College District will supply current student enrollment forms to the City of Poway Fire Department. The Agency will return properly completed enrollment forms and enrollment fees to the District prior to beginning instruction. The Agency recognizes that out-of-state tuitions fees will be charged for students who are not California residents. Students attendance and achievement records will be ---. maintained by the Agency and be available for review at normal business hours.
5. Instructional Activities: The Administrators of Palomar Community College District and the City of Poway Fire Department (and/or their designees) will meet at mutually agreed intervals to plan, review class hours to meet performance objectives, schedule and budget for instructional activities; the joint consent of the District and the Agency shall precede any instructional activity and include supervision and evaluation of students and student withdrawal prior to completion of a course.
6. List of Course(s) or course topics: The College will make available to the Agency all courses listed in the course catalog and additional topics classes consistent with college standards for curriculum adoption.
7. Services: The College and the 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.
7 of7 3
August 16, 2022, Item #3