HomeMy WebLinkAboutContracts & Agreements_173-2008_CCv0001.pdf FIRE SERVICES INSTRUCTIONAL TRAINING AGREEMENT
This inter-agency agreement for fire services instructional training ("Agreement")
is entered into this 171h day of June 2008 ("Effective Date"), by and between the Rancho
Santiago Community College District, 2323 North Broadway, Santa Ana, California
92706 ("District") and the City of Redlands, 35 Cajon Street, Suite 200 Redlands,
California 92373 ("City"). District and City are sometimes individually referred to
herein as a"Party" and, together, as the "Parties."
RECITALS
WHEREAS,pursuant to the authority of Government Code Section 53060 and
Education Code Section 78021, District desires to contract with City for the provision of
fire services instructional training ("Training Services"); and
WHEREAS, City has the requisite personnel, expertise and equipment to provide
the Training Services required hereby; and
WHEREAS, the public interest, convenience and general welfare will be served
by this Agreement;
NOW THEREFORE in consideration of the mutual promises contained herein,
City and District agree as follows:
AGREEMENT
Section 1. CITY OBLIGATIONS:
A. Services. City shall diligently furnish to District the Training Services
described in Exhibit"A,"which is attached hereto and incorporated into
this Agreement by this reference.
B. Student Attendance Records. Records of student attendance and
achievement will be maintained by City. Records will be open for review
at all times during City business hours by District's officials, and will be
submitted by City to District when requested by District to meet reporting
requirements of the State Chancellor.
Section 2. DISTRICT'S OBLIGATIONS:
A. Educational Program. District is responsible for the educational program
that will be conducted on site.
B. Supervise and Control Instruction. The instruction to be claimed for
apportionment under this Agreement 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.
SAC-08-065
C. Instructor Who Is Not a District Employee—District's Responsibilities.
Where City's instructor is not a paid employee of District, 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 District has the primary right to
control and direct the instructional activities of City's instructor.
D. Qualifications of Instructors. District shall list the minimum qualifications
for instructors teaching Training Services. Such qualifications shall be
consistent with requirements in other similar courses given within District.
E. District's Control of and Direction for Instructors. District shall provide
instructors with an orientation, instructor's manual, course outlines,
curriculum materials, testing and grading procedures, and any of the other
necessary materials and services that it provides to District's regular
instructors on campus.
F. Courses of Instruction. The courses of instruction are specified in Exhibit
"A" of this Agreement. It is District's responsibility to ensure that the
outlines of record for such courses are approved by District's curriculum
committee as meeting Title 5 of the California Code of Regulations ("Title
5") course standards, and that the courses have been approved by
District's board of trustees.
G. Different Sections of Courses. District shall establish procedures that
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 Agreement, and the students shall be held to a comparable level of
rigor.
H. Enrollment. District shall advise City 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. Obtaining Approval of Dejaree and Certificate Program. District shall
obtain approval of degree and certificate programs by the State
Chancellor's Office, and courses that make tip the programs must be part
of the approved programs, or District must have received delegated
authority to separately approve those courses locally.
J. Classes Held Outside of District. If the classes are to be located outside
the boundaries of District, District shall comply with the requirements of
Title 5 concerning approval by adjoining high'school or community
college districts and use of non-District facilities.
SAC-08-065 2
K. 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.
L. Certification. District shall obtain certification verifying that the
instruction activity to be conducted will not be fully funded by other
sources.
Section 3. FEE
A. City Fee and ExnenSec. The fee to be paid by District to City for the
Training Services and materials to be supplied hereunder is $3.50 per
student contact hour.
B. Invoices. City shall invoice District at intervals prescribed by District,
supplying documentation acceptable to District of student contact hours.
S'ectS'ect GENERAL TERMS AND CONDITIONS
A. Facilities. The Training Services course shall be held at facilities that are
clearly identified as being open to the general public.
B. Open Enrollment. Enrollment in the Training Services course shall be
open to any person who has been admitted to the college and has met the
applicable prerequisites. 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.
C. Support Services for Students. Both City and District shall ensure that
ancillary and support services are provided for the students (e.g.
Counseling and Guidance, and Placement Assistance).
D. Indemnification. City and District shall defend, indemnify and hold
harmless each other and their respective elected officials, 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 under this Agreement, of the indemnifying Party, or those
of any of its elected officials, officers, agents, employees or volunteers.
The provisions of this Section 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:
E. Term of Agreement. Either Party may cancel or terminate this
Agreement, without cause,upon thirty(30) days prior written notice given
to the other Party.
F. Termination For Cause. District may terminate this Agreement and be
sac-as-oss relieved of any consideration to City should City fail to perform the
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covenants herein at the time and in the manner provided. In the event of
such termination, District may proceed with the work in any manner
deemed proper by District. The cost to District shall be deducted from any
sum due City under this Agreement.
G. Assignment. This Agreement shall not be assigned by City either in
whole or in part. Any such purported assignment voids this Agreement.
H. 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 successors and assigns
of the Parties.
I. Amendments. No amendment of this Agreement shall be valid unless
made in writing and signed by the Parties, this Agreement supersedes any
prior oral understanding or agreements relating to the subject matter of
this Agreement.
I Equal Employment Opportunity Clause The Parties agree to promote
equal employment opportunities through their respective policies and
regulations. Both Parties will not discriminate, nor tolerate discrimination,
against any applicant or employee because of race, color,religion, gender,
sexual orientation, national origin, age, disability, or veteran status.
Additionally,the Parties shall 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.
sac-08-065 4
IN WITNESS WHREOF, the Parties have executed this Agreement on the date
written above.
CITY OF REDLANDS
*a s 40n, ayor °-
ATTEST:
Lo ie Poyz 'it Clerk
RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT
Peter J. H , Vice Chancellor,
Business Operations/Fiscal Services
SAC-08-065 5
EXHIBIT"A"
SERVICES TO BE PROVIDED:
1• Teaching Approved Curriculum: All student contact hours submitted by City to
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 OuallfiCatlon_: All student contact hours submitted by City to District
shall have been taught under the line of sight supervision of instructors who meet
District's minimum or equivalent qualifications for hiring as part-time Fire Technology
Instructors. This expertise is furnished at the expense of City. 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 instructional hours are conducted
as full time equivalent students (FTES) under courses through the Fire Technology
Department of District and City certifies that no student contact hours will be submitted
to District which also have been or will be submitted for California Joint Apprenticeship
Committee, JPTA funding or state sponsored colleges.
4. Enrollment of Students: District shall supply current student enrollment forms to
City. City will return properly completed enrollment forms and enrollment fees to
District. City agrees 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
City and be available for review at normal business hours.
5. Instructional Activities: District's Administrators and City 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 District
and City shall precede any instructional activity and include supervision and evaluation
of students and student withdrawals prior to completion of a course.
6. List of Courses) Or Course Topics: District will make available to City all
courses listed in the course catalog and additional topics classes consistent with District
standards for curriculum adoption.
7• Services: District and City shall 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 District's colleges
and has met applicable pre-requisites.
SAC-08-065 6