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Home My WebLink About2005-301 ~,.-' 1 2 3 RESOLUTION NO. 2005-301 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO ENTER INTO AN INTERAGENCY INSTRUCTIONAL SERVICES AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO PROVIDE FIRE PERSONNEL TRAINING. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 SECTION 1. The Rancho Santiago Community College District and the San Bernardino City Fire Department wish to enter into an agreement to provide fire personnel training. SECTION 2. The Mayor or her designee is hereby authorized and directed to execute said agreement, a copy of which is attached as Attachment "A". 11 12 2010. 13 SECTION 3. Said agreement shall be for the period of August 15,2005 through August 15, SECTION 4. The authorization to execute the above referenced agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. 14 15 16 /III /III IIII 1111 17 18 19 IIII 20 IIII IIII IIII IIII 21 22 23 24 25 26 27 28 IIII IIII IIII IIII 1 - -,-~--- - -~ -~,~ 2005-301 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO ENTER INTO AN INTERAGENCY INSTRUCTIONAL SERVICES AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO PROVIDE FIRE PERSONNEL TRAINING. 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 7 8 9 10 11 12 13 6th day of September , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE MCGINNIS x x x DERRY KELLEY x 14 x JOHNSON MCCAMMACK x 15 16 17 18 19 The foregoing resolution is hereby approved this "\~ d.ayof &p+-- ,2005. ~h~ Rae 1 G. Clark, City Clerk 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: James F. Penman City Attorney BY:./~ ./p,# 2 ~"-- 2005-301 Attachment "A" STANDARD INTER-AGENCY INSTRUCTIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this 15th day of August 2005 , by and between the Rancho Santiago Community CoUege District, 2323 North Broadway, Santa Ana, California 92706 ("District") and the City of San Bernardino, ("Agency"). RECITALS WHEREAS, under Government Code Section 53060 and Education Code Section 78021, Rancho Santiago Community College 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 RESPONSffiILITIES: 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 on a schedule developed by the District. B. DISTRICT'S RESPONSffiILITIES: 1. Job Market Study. Prior to when District established this vocational or occupational training program, the District's governing board shall have conducted ajob Standard Agreement Rev. 10/04 , ,-~C~'""_' =...,-c"-'-T"~ 2005.,.301 market study of the labor market area and determined that the results justified the proposed vocational education program. (Education Code Section 78015) 2. Educational Protp'lUD. District is responsible for the educational program that will be conducted on site. 3. 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. 4. Instructor Who Is Not a District EIIlDloyee - 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. 5. 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. 6. 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 would provide to its hourly instructors on campus. 7. Courses of Instruction. These are specified in Attachment A to this 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. Standard Agreement Rev. 10/04 SAC-OS-034 2 "_,_==,,, ,~~"" 0' 2005":301 8. 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. 9. 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. 10. Obtaininll Approval ofDeIlfee and Certificate ProIlfBmS Is District's Responsibilitv. 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. 11. 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. 12. Fundinll 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. 13. 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) Standard AlfCCment Rev. 10104 SAC-OS-034 3 -2005.-301 C. fEE 1. Apcy Fee and Exuenses. The fee to be paid by Dis1rict for the services and materials to be supplied herewder is: $1.50 per student contact hour. 2. Invoice. The Agency shall invoice the District quarterly, supplying documentation acceptable to the District of student contact hours during the quarter. D. TERMS AND CONDmONS 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. (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 insure that ancillary and support services are provided for the students (e.g. Cowseling and Guidance, and Placement Assistance). 4. Agencv's Indemnification. The Agency shall indemnify, defend and save the District, its officers, agents and employees harmless from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers and any other persons, firms, or corporations furnishing or supplying work, services, materials or supplies who may be injured or damaged by the Agency in the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Agency in the performance of Standard Agreement Rev. 10104 SAC-OS-034 4 . . 2005-301 this Agreement. The Agency shall provide necessary worker's compensation insurance for its employees at Agency's own cost and expense. 5. District's Indemnification. The District shall indemnify, defend and save the Agency, its officers, agents and employees harmless from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers and any other persons, firms, or corporations furnishing or supplying work, services, materials or supplies who may be injured or damaged by the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the District in the performance of this Agreement. The District shall provide necessary worker's compensation insurance for its employees at District's own cost and expense. 6. Period ofEffectivitv. This Agreement shall be in effect for a period of Five Years from the date entered into as set forth at the beginning of this Agreement. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice given by either party. 7. 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 the Agency. 8. Personal Alll'eement. This Agreement is personal and shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. 9. 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 Standard Agreement Rev. 10/04 SAC-OS-034 5 ~"'F-'-"" '2005-301 binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns ofthe respective parties hereto. 10. No Alteration. No alteration or variation 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, and no alterations or variations of the terms of this Agreement unless made in writing between the parties hereto, shall be binding on any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement hereto on the day and year first written above. City of San Bernardino RANCHO SANTIAGO cfJ\ COMMUNIf;. COLLEGE DISTRICT: Date 6 ?-q)-.o~ Date ?/!~S J(, I r/k" ViJllles. By: Mark J. Zacovic. Ph.D. ~,,)/~ Title: Vice Chancellor. BusinessIFiscal Services By: Name: ,',/ tZt' (C/ Tit' (. )J1tl'JrV ~:.~. I Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By, 4~~-4sJ/~ Standard Agreement Rev. 10/04 SAC-05-034 6 no,,., ~ "~~~e_""_ " "",,- ---'- ~~"-.- -, -- . .200S-301 ATTACHMENT A INTER-AGENCY SERVICES TO BE PROVIDED BY: City of San Bernardino 1. Teachinll Approved Curriculum: All student contact hours submitted by the City of San Bernardino 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 Oualifications: All student contact hours submitted by the City of San Bernardino 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 City of San Bernardino. The services include the use of their specialized equipment, facilities, all handouts, and instructors with specific expertise. 3. Non-overlap With Other Fundinll 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 City of San Bernardino 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 City of San Bernardino. The Agency will return properly completed enrollment forms and enrollment fees to the District prior to beginning instruction. 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. Standard Agreement Rev. 10/04 SAC-05-034 7 --'.'-- . . 2005-391 5. Instructional Activities: The Administrators of Rancho Santiago Community College District and the City of San Bernardino 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 withdrawal prior to completion of a course. 6. List of Course(s) Or Course Tonics: 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. 7. Services: The District and the contract agency will 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 the Districts' colleges and has met applicable pre-requisites. Standard Agreement Rev. 10/04 SAC-05-034 8