HomeMy WebLinkAboutC-7113-2 - Inter-Agency Instructional Services Agreementi
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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