HomeMy WebLinkAboutC-7113-3 - Standard Inter-Agency Instructional Services AgreementU
STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
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THIS AGREEMENT is entered into by and between the Rancho Santiago Community College
District with its principle place of business located at 2323 North Broadway, Santa Ana,
California 92706 (District) on behalf of the Santa Ana College Fire Technology Department and
City of Newport Beach - Fire Department and Marine (Agency) with its principle place of
business located at 100 Civic Center Drive, Newport Beach, CA 92660.
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, in consideration of the following covenants, conditions and
agreements, the parties hereto agree as follows:
1) TERM AND TERMINATION. This agreement shall be binding and deemed effective
on June 26, 2023 and shall remain in effect for five (5) years unless sooner terminated by
either party in accordance with this section.
a) Either party may terminate this Agreement without cause by giving thirty (30) days
prior written notice to the other party of its intention to terminate. In the event a
rotation is in progress, any written notice to terminate with or without cause shall
become effective at the expiration of the rotation.
b) In the event of a material breach of this Agreement, the aggrieved party may
terminate this Agreement by giving thirty (30) days' prior written notice of
termination to the breaching party. If the breach is not cured, the Agreement shall
terminate at the end of the thirty day period.
c) Notwithstanding the foregoing, in the event the Program is discontinued by College
during its Term, this Agreement shall immediately terminate without further action by
the parties hereto.
2) AGENCY'S RESPONSIBILITIES:
a) Services. Agency shall be responsible to teach the following course:
FSA017 - Firefighter Refresher- Core Competencies
FSA002- California Ocean Lifeguard- Aquatic Rescue Response Skills
SAC Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 1 of 6
Other courses may be added by mutual consent by both parties.
b) 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 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.
c) Enrollment of Students: The District will supply current student enrollment forms
(electronically if applicable) to the Agency who will return properly completed
enrollment forms (electronically if applicable) to the District as soon as is practical.
d) Student Attendance Records. Agency will maintain records of student attendance and
achievement. Records will be open for review at all times by officials of the District
and submitted on a schedule developed by the District.
e) 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.
3) DISTRICT'S RESPONSIBILITIES
a) Educational Program. The educational program provided under this agreement is the
sole responsibility of the District. When a course is offered for credit, participants in
the course will earn academic credit in accordance with District policy regarding
eligibility, attendance, course work, examinations, and related policies and
procedures. Accordingly, District retains responsibility for the Program and/or
courses offered pursuant to this Agreement.
b) Supervise and Control Instruction. The instruction 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.
c) 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 reported. The agreement shall state that
the District has the primary right to control and direct the instructional activities of
Agency's instructor.
d) 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 Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 2 of 6
e) 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.
f) Courses of Instruction. 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.
g) 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.
h) 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.
i) Approval of Degree and Certificate Programs. District is responsible to ensure 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.
j) Funding Source. District shall certify that it does not receive full compensation for
the direct education costs of the course from any public or private agency, individual,
or group.
k) 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)
4) FEES
a) 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 73,000 student contract hours or Two Hundred
Fifty -Five Thousand Five Hundred dollars ($255,500) per fiscal year. Annual limits
shall not be exceeded without the expressed written permission from either the Dean
-- ot Human Services &Technology Division or the Associate Dean of Fire Technology
and must be approved by the District Board of Trustees.
i) Invoices. The Agency shall invoice the District at the conclusion of each course,
supplying mutually acceptable documentation of student contact hours for each
course.
SAC Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 3 of 6
ii) Tuition. It is mutually agreed that Agency can choose to deduct tuition fees from
the total dollar amount per student contact hour paid to Agency by District.
5) TERMS AND CONDITIONS
a) Facilities. Agency and District agree that the course shall be held at facilities that are
clearly identified as being open to the general public. (Title 5, Section 58051.5)
b) 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)
c) 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).
d) Indemnification. The District shall defend, indemnify and hold Agency harmless
from and against any and all liability, loss, expense, reasonable attorneys' fees, or
claims for injury or damages arising out of the performance of this Agreement, but
only in proportion to and to the extent such liability, loss, expense, reasonable
attorneys' fees, or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of the District, its officers, agents,
employees, Students, or District Instructors (if applicable).
Agency shall defend, indemnify and hold the District harmless from and against any
and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or
damages arising out of the performance of this Agreement, but only in proportion to
and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or
omissions of Agency, its officers, agents, or employees.
e) Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original but all of which together shall constitute one
and the same agreement. Any such counterpart containing an electronic or facsimile
signature shall be deemed an original.
f) Independent Contractors. It is understood that this is an Agreement by and between
independent contractors and is not intended to, and shall not be construed to, create
the relationship ot agent, servant, employee, partnership, joint venture of association,
or any other relationship whatsoever other than that of independent contractor.
Except as District may specify in writing.
g) Assignment.� This Agreement shall not be assigned by Agency either in whole or in
part. Any such purported assignment voids this Agreement.
SAC Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 4 of 6
h) Force Majeure. Neither party shall be responsible for delays or failure in performance
resulting from acts beyond the control of such parties. Such acts shall include, but not
be limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics,
fire, electrical power outages, earthquakes or other natural disasters.
i) 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 of Business Services
2323 North Broadway
Santa Ana, California 92706
If submitting an invoice, insert: "Attn: Accounts Payable"
If to Agency;
City of Newport Beach - Fire Department and Marine
Attn: Fire Chief
100 Civic Center Drive
Newport Beach, CA 92660
j) 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.
k) Choice of Law. This Agreement shall be interpreted, construed, and governed both as
to validity and to performance of the Parties in accordance with the laws of the State
of California.
1) 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.
m) 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
term 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; Califfinfla Workers, eurnpensation
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
SAC Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 5 of 6
throughout the term of this Agreement may be requested by either party.
n) 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 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.
o) Severability. Should any part of this Agreement be declared through a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or
beyond the authority of either party to enter into or to carry out, such decision shall
not affect the validity of the remainder of this Agreement, which shall continue in full
force and effect, provided that the remainder of this Agreement, absent the
unexercised portion, can be interpreted reasonably to give effect to the intentions of
the parties.
Execution. By their signatures below, each of the following represents that they have authority to
execute this Agreement and to bind the party on whose behalf their execution is made.
AGENCY RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
By: By: Iris In��(J�202316:51 PDT)
Name: Jeff Boyles Name: Iris I. Ingram
Title: Fire Chief Title: Vice Chancellor of Business Services
Date: Date: Jun 7, 2023
SAC Contract # 23-067
APPROVED AS TO FOR
CITY TTO EY' OFFICE
C. Harp. City Attor�gti3
Date: -Jaj��
SAC Contract # 23-067
RSCCD FIRE ISA Template 2023 Page 6 of 6
Created: 2023-06-07
By: Toinette Boster (Boster_Toinette@sac.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAVclgZiXdEBUMb6FsBOJ1NKcrpB81thn3
"BOT Item 6.9 (Apvd 5.15.2023) SAC-23-067_FIRE_Newport Be
ach ISA" History
Document created by Toinette Boster (Boster_Toinette@sac.edu)
2023-06-07 - 11:41:14 PM GMT- IP address: 204.75.250.11
Document emailed to Iris Ingram (Ingram_Iris@rsccd.edu) for signature
2023-06-07 - 11:41:40 PM GMT
Email viewed by Iris Ingram (Ingram_Iris@rsccd.edu)
2023-06-07 - 11:49:40 PM GMT- IP address: 204.75.252.16
Document e-signed by Iris Ingram (Ingram_Iris@rsccd.edu)
Signature Date: 2023-06-07 - 11:51:35 PM GMT - Time Source: server- IP address: 204.75.252.16
Agreement completed.
2023-06-07 - 11:51:35 PM GMT
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