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HomeMy WebLinkAboutContracts & Agreements_52-2023MASTER INSTRUCTIONAL SERVICE AGREEMENT This Master Instructional Service Agreement ("Agreement") is made and entered into this 21st day of March, 2023, by and between San Bernardino Community College District for Crafton Hills College site, hereafter referred to as (SBCCD), and City of Redlands, for Redlands Fire Department, hereafter referred to as (CITY). WITNESSETH WHEREAS, SBCCD is authorized by the California Education Code ("Education Code") and Title 5 of the California Code of Regulations ("Title 5"), to conduct Contract Instruction, Assessment and Counseling Services to serve community needs; and WHEREAS, CITY desires to contract with SBCCD to provide educational services to its in-service personnel as set forth herein; and WHEREAS, the parties mutually desire cooperation of the parties to provide quality instruction and training to meet community needs, as set forth herein. AGREEMENT Now, Therefore, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, SBCCD and CITY mutually agree as follows: Section 1. RESPONSIBILITIES OF SBCCD a. SBCCD shall offer approved courses to meet educational needs and requirements of the Redlands Fire Department's (CITY's) in-service personnel (all class participants are in-service fire personnel and shall hereafter be referred to as "students"), as specified by CITY. b. SBCCD shall provide a coordinator to work with CITY. Said coordinator shall act as the CITY co -director for all SBCCD affiliated educational courses. Under no circumstances, however, shall the coordinator have authority over the remaining operations of CITY, including but not limited to, personnel issues concerning CITY employees, operational budget, or the use, maintenance, or scheduling of CITY facilities. C. SBCCD and CITY will mutually ensure ancillary and support services are provided for the students. (e.g. Counseling, Guidance, & Placement Assistance). d. SBCCD shall assist the CITY in registration and other support services to students in order to adequately manage and control its course offerings. e. SBCCD shall approve of the selection of instructors and facilitators and 1 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm evaluate the quality of instruction to ensure that it meets the needs of the students and the accreditation requirements of SBCCD. SBCCD shall have the primary right to control and direct the instructional activities of all instructors. f. SBCCD shall ensure that course offerings meet all appropriate requirements of the Education Code and Title 5. g. SBCCD shall consult the CITY on any revisions to existing SBCCD courses designed for the CITY program, initiation of new courses, or any other changes, in order to ensure the quality of educational services and to meet the needs of the CITY. h. SBCCD shall provide the use of its facilities and equipment free of charge for use by the CITY, on an as -needed, space available, basis for affiliated programs. SBCCD shall attempt to provide use of said facilities and equipment during normal business hours. i. SBCCD shall demonstrate control and direction through such actions as: providing the instructor of record an orientation, instructor's manual, Title 5 course outlines, curriculum materials, testing and grading procedures and any other materials and services it would provide its hourly instructors on campus. j. SBCCD shall waive the health fee for all CITY students. k. By signing this Agreement, SBCCD certifies it does not receive full compensation for direct education costs of the course from any public or private agency, individual orgroup. SBCCD has the primary right and responsibility to control and direct the activities of the person or persons furnished by CITY during the term of the Agreement. Section 2. RESPONSIBILITIES OF CITY a. CITY shall provide classroom space for use as off -campus sites by SBCCD, free of charge for affiliated programs. CITY shall make a good faith effort to schedule use of said facilities during normal business hours. b. CITY shall provide instructors, facilitators, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct 2 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm SBCCD's affiliated educational programs. C. CITY shall cooperate with SBCCD to ensure all personnel, equipment, and materials used in carrying out its responsibilities under this Agreement conform to Education Code and Title 5 mandated standards governing instructional programs, including minimum qualifications for instructors. d. CITY shall consider the funds received as compensation for services under this Agreement for educational and training related purposes as they relate to fire and public safety training programs. e. CITY shall assist SBCCD in collecting all instructional fees associated with the class offerings under this Agreement. Records of student attendance and achievement shall be maintained by CITY. Records will be open for review at all times by officials of the college and submitted on a schedule developed by SBCCD. By signing this Agreement, CITY certifies the training facility is open to the public and the instructional activities agreed upon herein will not be fully funded by other sources. Section 3. PAYMENT FOR SERVICES a. In consideration of the services provided herein, SBCCD shall pay CITY $3.50 per student instructional hour eligible for state general apportionment. b. For Fiscal Year2023/2024 (for purposes of this Agreement, "Fiscal Year" begins July 1 st and ends June 30th), said hours shall not exceed 20,000 Student Instructional Hours or 38 Full Time Equivalent Students (FTES), unless mutually agreed prior to May 1, 2024. The same limits shall apply in each subsequent fiscal year, unless otherwise agreed in writing by the parties. C. Any subsequent year's student instructional hour cap shall be determined at least sixty (60) days prior to the start of the next fiscal year. CITY shall submit to SBCCD an invoice of all mutually agreed upon instructional hours provided under this Agreement. SBCCD shall pay CITY the agreed contract price within 45 days. The registration fees for courses under this contract will be deducted from the total amount of said invoice. SBCCD shall consider this payment for the registration fees and CITY shall consider the contracted price, minus the registration fees, as payment in full. 3 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm e. Instructional hours are defined as those hours reported on SCCCD's CCFS- 320, California Community Colleges Apportionment Attendance Reports, which are subject to audit by SCCCD's independent auditor and the California Community Colleges Chancellor's Office. Section 4. INDEMNIFICATION a. CITY shall indemnify, hold harmless and defend SBCCD, and each of its officers, officials, agents, and volunteers from and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, SBCCD or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions of CITY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CITY of governmental immunities including California Government Code Section 810 et seq. SBCCD shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the CITY, SBCCD or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions of SBCCD or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by SBCCD of governmental immunities including California Government Code Section 810 et seq. C. In the event of concurrent negligence on the part of SBCCD or any of its officers, officials, employees, agents or volunteers, and CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. d. This section shall survive expiration or termination of this Agreement. Section 5. INSURANCE a. Each party shall insure its activities in connection with this Agreement and maintain at all times insurance in coverage and limit amounts reasonably 4 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm necessary to protect itself against injuries and damages arising from the acts or omissions caused by each party, their respective elected and appointed officials, Boards, officers, employees and agents in the performance of this Agreement. This insurance requirement may be satisfied through a program of self- insurance, or insurance coverage afforded to public entities through a Joint Powers Authority (JPA) risk pool. Section 6. MISCELLANEOUS PROVISIONS a. If any provisions of this Agreement are found to be, or become, contrary to applicable law or regulations, or court decisions, SBCCD and CITY agree that the Agreement shall be renegotiated as it relates to said provision, and the remainder of the Agreement shall remain in full force and effect. b. Term and Termination. The term of this Agreement shall start on effective date of July 1. 2023, and expire on June 30,2028. Notwithstanding the foregoing, this Agreement may be terminated at any time, with or without cause, upon written notice given to the other party at least thirty (30) days prior to the end of the term in which classes are currently in session. In the event of such termination, each party shall fully pay and discharge all obligations accruing to the other party up to and including the date of termination. Neither party shall incur any additional liability to the other by reason of such termination. C. Either party hereto maintains the right to cancel services prior to the beginning of each course at no cost to either party to this Agreement. d. Nondiscrimination. To the extent required by controlling federal, state and local law, the parties shall not employ discriminatory practices in the provision of services, course instruction, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. e. This Agreement supersedes any and all other agreements, oral or written, between the parties hereto with respect to the use of the aforesaid facilities or services and contains all covenants and agreements between the parties with respect hereto. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or by anyone acting on behalf of any parties, which are not embodied herein, and that no other agreement, statement, or promise not contained herein shall be valid or binding. Any modification to this Agreement shall be effective only if it is in writing and signed by the CITY and SBCCD in the form of an amendment to this Agreement. 5 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docxJrn f. Compliance with Law. In providing the services required under this Agreement, SBCCD shall at all times comply with all applicable laws of the United States, the State of California and San Bernardino County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. g. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, and the County of San Bernardino excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Bernardino County, California. h. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. j. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. k. Notice or correspondence required by this Agreement shall be delivered personally, FedEx, UPS or by United States mail as follows: If to SBCCD: San Bernardino Community College District Steve Sutorus, Business Manager 550 E. Hospitality Lane Suite 200 San Bernardino, CA 92408, 909-388-6911 If to City of Redlands Redlands Fire Department. Rich Sessler, Fire Chief 35 Cajon St. Suite 12 (Physical) P.O. Box 3005 (Mailing) 6 homMAgreements\Fire Department Master ISA Agreement FY22-0128.docx.jm Redlands, CA. 92373 909-798-7600 The specific courses covered under this Agreement are described in Attachment 1, which are incorporated herein by this reference. M. In addition to the specific courses noted above, the parties may offer additional courses under this Agreement on the same terms and conditions. CITY shall provide SBCCD of any desire to add a class with a minimum of 40 days' notice to SBCCD before the desired class start date. Each additional course of instruction shall require a written agreement to offer the course signed by CITY's Fire Chief or designee and the SBCCD Business Manager or designee. The course details must be set forth in writing as with the courses listed above, and will become attachments to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement: San Bernardino Community College District BY: Steven S. Sutorus, Business Manager Date: City of Redla r � BY: Eddie Tejeda, Mayor eanne Dona dson, City Clerk 7 I:lcmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm Attachment 1 Rope Rescue Operations Truck Operations Fire Hose Evolutions Ground Ladder Evolutions Recruit Orientation Academy State Mandated EMS Curriculum — 24 Hour Minimum (Annually) EVOC (Emergency Vehicle Operator Course) Confined Space Awareness Hazard Material First Responder Engine Company Operations Wildland NFPA: 1500 Occupational Safety 1561 Incident Command System 1584 Rehabilitation for Emergency Responders 8 I:\cmo\Agreements\Fire Department Master ISA Agreement FY22-0128.docx.jm