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HomeMy WebLinkAboutC-7113-2 - Inter-Agency Instructional Services Agreementi a STANDARD INTER -AGENCY INSTRUCTIONAL SERVICE � S AGREEMENT THIS AGREEMENT is entered into this 25th day of June 2018, by and between the Rancho Santiago Community College District, 2323 North Broadway, Santa Ana, California 92706 (District) and the City of Newport Beach Fire Department and Marine, 100 Civic Center Drive, Newport Beach, CA, 92660 (Agency). RECITALS WHEREAS, under Government Code Section 53060 and Education Code Section 78021, the Rancho Santiago Community College District desires to contract with 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's interest, convenience and general welfare will be served by this contract; NOW THEREFORE, Agency and District agree as follows: PROVISIONS OF THE AGREEMENT A. AGENCY'S RESPONSIBILITIES: 1. Services . Agency's responsibility shall be to diligently furnish to the District the services and materials as set forth in Attachment A, hereby incorporated in this Agreement by this reference. 2. Student Attendance Records. Records of student attendance and achievement will be maintained by Agency. Records will be open for review at all times by officials of the District and submitted on a schedule developed by the District. SAC -17-072 Standard Fire Instructional Services Agreement rev May 2018 1 of 10 Non -Discrimination. Agency agrees that it will not engage in unlawful discrimination of persons because of race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, or age, or sex of such person. 4. Applicable Law. Agency agrees to comply with all federal, state, and local laws, rules regulations, and ordinances that are now or may in the future become applicable to Agency, Agency's business, equipment, and personnel engaged in operations covered by this agreement or occurring out of the performance of such operations. B. DISTRICT'S RESPONSIBILITIES Educational Pro ram. District is responsible for the educational program that will be conducted on site. 2. Supervise and Control Instruction. The instruction to be claimed for apportionment under this contract shall be under the immediate supervision and control of a District employee (Title 5, Section 58058) who has met the minimum qualifications for instruction in a vocational subject in a California community college. Instructor Who Is Not a District Employee - District's Responsibilities Where Agency's instructor is not a paid employee of the District, the District shall have a written agreement with each such instructor who is conducting instruction for which Full time Equivalency Students (FTES) are to be reported. The agreement shall state that the District has the primary right to control and direct the instructional activities of Agency's instructor. 4. Qualifications of Instructors. District shall list the minimum qualifications for instructors teaching these courses. Such qualifications shall be consistent with requirements specified by the District. SAC -17-072 Standard Fire lnsuveliouaI Services. AgieemeM_rev May 2018 2of10 5. District's Control of and Direction for Instructors. District shall provide instructors with an orientation, instructors manual, course outlines, curriculum materials, testing and grading procedures, and any of the other necessary materials and services that it would provide to its hourly instructors on campus. 6. Courses of Instruction. These are specified in Attachment A to this Agreement. It is the District's responsibility to ensure that the course outline of records are approved by the District's curriculum committee pursuant to Title 5 course standards, and that the courses have been approved by the District's board of trustees. Different Section of Courses. District shall have procedures to ensure that faculty teaching different sections of the same course teach in a manner consistent with the approved outline of record for that course. Such procedures apply to the faculty and courses that are the subject of this contract, and the students shall be held to a comparable level of rigor. Enrollment. District will advise Agency of the enrollment period, student enrollment fees, the number of class hours sufficient to meet the stated performance objectives, policy regarding the supervision and evaluation of students, and the procedure applicable to the withdrawal of students prior to completion of a course or program. 9. Obtaining Approval of Degree and Certificate Programs Is District's Responsibility. It is required that degree and certificate programs have been approved by the State Chancellor's Office and courses that make up the programs must be part of the approved programs, or District must have received delegate authority to separately approve those courses locally. SAC -17-072 Slandard Fire Inslmetional Services Agreementmv May 2018 3of10 10. Classes Held Outside of District. If the classes are to be located outside the boundaries of the District, the District must comply with the requirements of title 5, Sections 55230-55232, concerning approval by adjoining high school or community college districts and use of non -District facilities. 11. FundingSource. District shall certify that it does not receive full compensation for the direct education costs of the course fi-om any public or private agency, individual, or group. 12. Certification. District is responsible for obtaining certification verifying that the instruction activity to be conducted will not be fully funded by other sources. (Title 5, Section 58051.5) C. FEE Agency Fee and Expenses. The fee to be paid by District for the services and materials to be supplied hereunder is: Three dollars and fifty cents ($3.50) per student contact hour, not to exceed 35,740 student contract hours or $125,000.00 per fiscal year. Annual limits shall not be exceeded without the expressed permission from either the Dean of Human Services & Technology Division or the Associate Dean of Fire Technology. 2. Invoices. The Agency shall invoice the District at the conclusion of each course, supplying mutually acceptable documentation of student contact hours for each course. Tuition. It is mutually agreed that Agency can choose to deduct tuition fees fiom the total dollar amount per student contact hour paid to Agency by District. D. TERMS AND CONDITIONS Facilities. Agency and District agree that the course shall be held at SAC -17-072 Standard Fire lush etional Services Agreemenl_rev Mny 2018 4of10 facilities that are clearly identified as being open to the general public. (Title 5, Section 58051.5) 2. Open Enrollment. District and Agency agree that enrollment in the course must be open to any person who has been admitted to the college and has met any applicable prerequisites. (Title 5, Sections 51006 and 59106) The District's policy on open enrollment is published in the college catalogue and schedule of classes (Title 5, Section 51006), along with a description of the course and information about whether the course is offered for credit and is transferable. (Title 5, Section 55005) 3. Support Services for Students. Both Agency and District shall ensure that ancillary and support services are provided for the students (e.g. Counseling and Guidance, and Placement Assistance). 4. Indemnification. All parties to this agreement shall agree to defend, indemnify, and hold harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of the activities, or the performance or nonperformance of obligations under this agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers. The provisions of this article do not apply to any damage or loss caused solely by the negligence or intentional acts of the non -indemnifying party or any of its agents or employees. 5. Term. This Agreement shall be in effect as of the date signed, and shall continue in effect for five years, unless sooner terminated by either party in accordance with this section in the manner set forth herein. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice given by either party. SAC -17-072 Slandnrrcl Fire InstilictiOlin I Services Agleemenl_rev Mny 2018 5of10 6. Termination for Cause. 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 to the District shall be deducted from any sum due the Agency under this Agreement, and the balance, if any, shall be paid by the Agency. Assignment. This Agreement shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. 8. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: If to District: Rancho Santiago Community College District ATTN: Vice Chancellor, Business Operations/Fiscal Services 2323 North Broadway Santa Ana, California 92706 If submitting an invoice, insert: "Attn: Accounts Payable" If to Agency; Newport Beach Fire Department and Marine 100 Civic Center Drive Newport Beach, Ca. 92660 SAC -17-072 Slandard Fire Inslmcdonal Services Agreement rer May 2018 6of10 Time is of the Essence. 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 the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 10. Modifications. No modifications or variations 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 shall be binding on any of the parties hereto. 11. Insurance. Each Party to this Agreement shall insure or self -insure its activities in connection with this Agreement and obtain, keep in force and maintain during the tern hereof insurance or self-insurance insuring against the peril of bodily injury, personal injury, property damage and including a contractual liability endorsement with a limit of liability at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate; California Workers' Compensation Insurance on their employees performing any services under this Agreement; and, such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance. Certificates of insurance, or other satisfactory documentation, evidencing that the insurance coverage specified herein is in full force and effect throughout the term of this Agreement may be requested by either party. 12. Equal Employment Opportunity Clause The parties to this contract agree to promote equal employment opportunities through its policies and regulations. This means that both parties will not discriminate, nor tolerate discrimination, against any applicant or employee because of race, color, religion, gender, sexual orientations, national origin, age, disabled, or SAC -17-072 Slandnrd Fire hislnictioml Services Agreemenl_rev May 2018 7of10 veteran status. Additionally, the parties will provide an environment that is free from sexual harassment. as well as harassment and intimidation on account of an individual's race. color. religion, gender, sexual orientation, national origin, age, disability, or veteran status. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. Agency: CITY OF NEWPORT BEACH 01 RANCHO SANTIAGO COMMUNITY FIRE DEPARTMENT AND MARINE 100 Civic Center Drive COLLEGE DISTRICT /a eAjp 2323 North Broadway R -W ` Santa Ana, CA 92706 Newport Beach, CA 92660 By: �I By: Name: Chlt7 'Doican Name: Peter J.Hardash Title: 1 Title: Vice Chancellor Business Operations/Fiscal Services Date: % / � f Dater APPROVED AS TO FORM, CITYATT I NEY'S �11erOn .Harp, CITY AttoMmV SAC -17 -on Standard Fire IOARIeII011al Services Agreemem_rev May 2018 8 of 10 ATTACHMENT A STANDARD INTER -AGENCY SERVICES AGREEMENT SERVICES TO BE PROVIDED BY AGENCY: Teaching Approved Curriculum: All student contact hours submitted by the Agency to the District shall be part of a course of instruction that has either been approved by Santa Ana College's Curriculum and Instruction Council, or has been accepted as a topics course and approved by the College's Chief Instructional Officer. 2. Instructor Qualifications: All student contact hours submitted by the Agency to the District shall have been taught under the line of sight supervision of instructors who meet the District's minimum or equivalent qualifications for hiring as part-time Criminal Justice / Fire Technology Instructors. This expertise is furnished at the expense of the Agency. 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) funded courses through the Criminal Justice Academies / Fire Technology Department at Santa Ana College. 4. Enrollment of Students: The District will supply current student enrollment forms to the Agency who will return properly completed enrollment forms to the District prior to beginning instruction. SAC -17-072 Standard Fire Instraelimtal Services Agreemem_rev May 2018 9of10 5. Instructional Activities: The Administrators of Rancho Santiago Community College District and Agency (and/or their designees) will meet at mutually agreed intervals to plan, schedule and budget for instructional activities; the joint consent of the District and the Agency shall precede any instructional activity. 6. List of Courses: The District will make available to Agency all courses listed in the course catalog consistent with District Standards for curriculum adoption. SAC -17-072 Standard Fire rnstnictional services Agivement_rev May 2018 10 of 10