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HomeMy WebLinkAboutC-7113-1 - Inter-Agency Instructional Services Agreementco � INTER-AGSY INSTRUCTIONAL SERVICES dkEEMENT t, THIS AGREEMENT is entered into this % day of f�2008, U by and between the Rancho Santiago Community College District, 2323 North Broadway, Santa Ana, California 92706 ("District") and the City of Newport Beach, PO Box 1768, Newport Beach, Ca ("Agency") RECITALS WHEREAS, under Government Code Section 53060 and Education Code Section 78021, the District desires to contract with the 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; NOW THEREFORE, Agency and District agree to the following: PROVISIONS OF THE AGREEMENT A. AGENCY'S RESPONSIBILITIES: 1. Services. Agency's responsibility shall be to diligently furnish to the District the services as set forth in Attachment A, hereby incorporated into 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 to the district when requested to meet reporting requirements of the State Chancellor. SAC -08-028 1 _j B. DISTRICT'S RESPONSIBILITIES: 1. Educational Program. 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 who has met the minimum qualifications for instruction in a vocational subject in a California community college. 3. 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 in other similar courses given within the District. 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 regular instructors on campus. SAC -08-028 2 6. Courses struction. These are specified in Aent A to this W SM Agreement. It is the District's responsibility to insure that the outlines of record for such courses are approved by the District's curriculum committee as meeting Title 5 course standards, and that the courses have been approved by the District's board of trustees. 7. Different Sections of Courses. District shall have procedures that insure 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. 8. 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 Program 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 delegated authority to separately approve those courses locally. 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, concerning approval by adjoining high school or community college districts and use of non -District facilities. SAC -08-028 3 11. Fundinaarce. District shall certify that it doe receive full compensation for the direct education costs of the course from 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. C. FEE 1. Agency Fee and Expenses. The fee to be paid by District for the services and materials to be supplied hereunder is: $3.50 per student contact hour. 2. Invoices. The Agency shall invoice the District at intervals prescribed by the district, supplying documentation acceptable to the District of student contact hours. D. TERMS AND CONDITIONS 1. Facilities. Agency and District agree that the course shall be held at facilities that are clearly identified as being open to the general public. 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. 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. 3. Support Services for Students. Both Agency and District shall insure 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, SAC -08-028 4 employ Ond volunteers, from and against all 1 16cost, 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 losses caused solely by the negligence or intentional acts of the non -indemnifying party or any of its agents or employees." 5. Term of Agreement. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice given to the other party. 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. 7. Assignment. This Agreement 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. 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 of the respective parties hereto, 9. Amendments. No amendments 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. SAC -08-028 5 E.Eoual Employrt� o =Wn 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 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 WHREOF, the parties have executed this Agreement hereto on the day and year first written above. Date 1 ✓ / Signature: �C.�I J Name: Steve Lewis Title: Fire Chief Attest City Clerk SAC -08-028 RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Date l (j By: Peter Hardash Title: Vice Chancellor Business/Fiscal Services ATTACHMENTA ' INTER -AGENCY SERVICES TO BE PROVIDED: 1. Teaching Approved Curriculum: All student contact hours submitted by the "AGENCY' to Rancho Santiago Community College District shall be part of a course of instruction that has either been approved by the District's Curriculum and Instruction Council, or has been accepted as a topics course and approved by the District'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 Districts minimum or equivalent qualifications for hiring as part-time Fire Technology Instructors. This expertise is furnished at the expense of 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) under courses through the Fire Technology Department of the District and The "AGENCY' certifies that no student contact hours will be submitted to the District which also have been or will be submitted for California Joint Apprenticeship Committee, JPTA funding or state sponsored colleges. 4. Enrollment of Students: The District will supply current student enrollment forms to the AGENCY. The Agency will return properly completed enrollment forms and enrollment fees to the District. The Agency recognizes that out-of-state tuition fees will be charged for students who are not California residents. Student 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 Rancho Santiago Community College District and the "AGENCY' 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 withdrawals prior to completion of a course. 6. List of Course(s) Or Course Topics: The District will make available to the Agency all courses listed in the course catalog and additional topics classes consistent with District standards for curriculum adoption. SAC -08-028 7 7. Services: TheIct and the contract agency will insuat ancillary and support services such as unseling, guidance, and, Stance are available to all students and that enrollment in courses is open to any person who has been admitted to the Districts' colleges and has met applicable pre -requisites. SAC -08-028 8 California Community Colleges Chancellor's Office Contract Guide for Institutional Service Agreements Between College Districts and Public Agencies Community Colleges may claim FTES and consequently, State funding for classes given through instructional service agreements/contracts provided Education Code and Title 5 requirements are met. The regulations are contained in Title 5 of the California Code of Regulations, Sections 51006, 53410, 55002, 55005, 55230-232, 55805.5, 58051(c) -(g), 58051.5, 58055, 58056, 58058(b), 58100-58106 and Education Code Section 78015. This guide paraphrases applicable sections of Title 5 and applies only to classes conducted in a cooperative arrangement with public agencies. The following checklist should be used as a guide in the preparation of agreements or contracts. Both representatives (fire department & college) need to initial each item. 1. /J the governing board of a community college district, prior to establishing a vocational or o cupational training program, shall conduct a job market study of the labor market area, and determine Nether or not the results justify the proposed vocational education program. Education Code Section 78015. The college or district has a written agreement or contract with the contractor stating the esponsibilities of each party and that the college or district is responsible for the educational program conducted on site. 3 —'"/ The agreement/contract contains procedures, terms and conditions relating to 1) enrollment PC riod, 2) s dent enrollment fees, 3) the number of class hours sufficient to meet the stated performance objectives; 4) supervision and evaluation of students; and 5) withdrawal of students prior to completion of a course or program. /.>'/l' Agreement/contract contains terms and conditions relating to cancellation and termination of the arrangement. / Instruction to be claimed for apportionment under the agreement/contract is under the Immediate supervision and control of an employee of the district (Title 5, Section 58058) who has met the minimum qualifications for instruction in vocational subject in a California community college. 6 G/L Where the instructor is not a paid employee of the district, the college or district has a written greement or contract with each instructor conducting instruction for which ETES are to be reported and stating that the college or district has the primary right to control and direct the instructional activities of the instructor. NOTE: The college or district must demonstrate control and direction through such actions as providing the instructor an orientation, instructor's manual, course outlines, curriculum materials, testing and grading procedures, and any other materials and services it would provide to its hourly instructors on campus. <�IoAhc college or district lists minimum qualifications for instructors teaching these courses and tvf the quay cations are consistent with requirements in other similar courses given at the college or district. The course must be held at facilities which are clearly identified as being open to the general ublic. (Title 5, SeVion 580515) 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 58106) The district policy on open enrollment must be 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) Page I of 2 Revision: February 7, 2017 / Degree and certificate programs must have been approved by the State Chancellor's Office and nurses that make up the programs must be part of the approved programs or the college must have received delegated authority to separately approve those courses locally. 6-71� The courses of instruction are specified in the agreement, the outlines of record for such courses are approved by the college's curriculum committee as meeting Title 5 course standards, and the courses have been approved by the district board of trustees. 1 4k Procedures used by the college to assure that faculty teaching different sections of the same ourse, teach in a manner consistent with the approved outline of record for that course are applied to courses and faculty covered under the agreement and students are held to a comparable level of rigor. 1/ Records of student attendance and achievement will be maintained by the public agency. ecords will be open for review at all times by officials of the college and submitted on a schedule developed by the community college district. 1 /kIt is agreed that both contractor and community college district will insure that ancillary and support services are provided for the students (e.g. Counseling and Guidance, Placement Assistance). lThe college district must certify that it does not receive full compensation for the direct %caiiienncoo. of the course from any public or private agency, individual or group. 1 /T/du/The college district is responsible for obtaining certification verifying that the instructional ctivity to b conducted will not be fully funded by other sources.* hIf the classes are to be located outside the boundaries of the district, the district must comply ith the requirements of Title 5, Sections 55230-55232 concerning approval by adjoining high school or comm/unity col lege districts and use of non -district facilities. 1 v/Wrhe Education Code prohibits reimbursement for training on Holidays. The college district can neither accept nor forward training hours done on Holidays. *In accordance with AB 444 (Statutes of 1996, Chapter 637) effective 9/19/96, Title 5 Section 58051.5 was amended to include appropriate language to implement Education Code Section 84752. The audit was conduct on . / m /J'% for d 2G ._ Fire Department. Month/D_a�NearFire Department Name This audit was conduct by Donald E. Mahanv / �Gt�flC� ature of SAC Representative. This audit was conduct by UG:Ar Print Name of Fire Department Representative Sign"" Fire Department Representative Page 2 of 2 Revision: February 7, 2017 RANSk .^,ANTI G Cl7lvii�i I1Vii = SE DISTRICT Board of Trustees (Regular Meeting) Monday, April 21, 2008 2323 North Broadway, #107 Santa Ana, California 92706 SUMMARY OF BOARD ACTIONS ITEM NO. DESCRIPTION ACTION 1.4 Approval of Minutes - Regular meeting of April 7 2008 Approved 3.1 Approval of Academic Personnel Approved with revised page and addendum 3.2 Approval of Classified Personnel Approved with addendum 3.3 Board Travel/Conferences Approved 4.1 Fall 2007 Graduates (SAC) Approved The board ratified the recipients of the associate degrees and certificates for Fall 2007 as presented. 4.2 Fall 2007 Graduates (SCC) Approved The board ratified the recipients of the associate degrees and certificates for Fall 2007 as presented. 4.3 Addendum to Proposed Revisions for Santa Ana College 2008-09 Catalog Approved The board approved the addendum to the proposed revisions for the SAC 2008-09 catalog. 4.4 Addendum to Proposed Revisions for Santiago Canyon College 2008-09 Approved Catalo The board approved the addendum to the proposed revisions for the SCC 2008-09 catalog. 4.5 Affiliation Agreement (AMENDMENT): City of Fountain Valley - Fire Approved Technology The board approved this agreement with the City of Fountain Valley. 4.6 Affiliation Agreement (AMENDMENT): City of Newport Beach- Fire, Approved Technology The board approved this agreement with the City of Newport Beach, California. 4.7 Speech -Language Pathology Assistant Program Agreement with Approved Saddleback Valley Unified School District The board approved the Speech -Language Pathology Assistant Program with Saddleback Valley Unified School District. Pr NO. 4.6 i RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Human Services and Technology Division To: Board of Tntstecs Date: April 1, 2008 Re: Affiliation Agreement (ATvffMMENT): City of Newport Beach — Fire Technology Action: Request for Approval BACKGROUND This is a standard lot agency fire instructional services agreement with the City ofNewport Beach. This agreement will result in registering an estimated 170 students in a fm service curriculum and produce 36 FTE annually for the Fire Technology Program. ANALYSIS This instructional agreement amendment is administered in compliance with the guidelines issued by the State of California Community College Chancellors Office. This agreement shall be effective umtil terminated by written notice of either party. It will ensure compliance. with the education code of California. It has been reviewed by Bran Ed Ripley and the Santa Ann College program administrators, as Well as the Contracts Specialist RECOMMENDATION It is recommended that the Board of Trustees approve this contract with the City of Newport Beach, California. 4.6(l)