HomeMy WebLinkAboutCC AG PKT 2007-04-09 #K
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AGENDA REPORT
DA. TE:
A.pril 9, 2007
TO:
Honorable Mayor and Members of the City Council
FROM:
Joe Bailey, Lifeguard Captain
SUBJECT:
COLLEGE PA.RTNERSmP CONTRA.CT A.MENDMENT
SUMMARY OF REQUEST
That council approves a contract amendment for the partnership between City of Seal
Beach Lifeguard Department and Rancho Santiago Community College ])jstrict
(RSCCD),
BA.CKGROUND
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On December 19, 1999, the City Council approved an Inter-A.gency Services agreement
between the City of Seal Beach Lifeguard Department and Rancho Santiago Community
College District (RSCCD) to reimburse training costs, raise instructor requirements, and
further standardize Ocean Lifeguard training. Prom its inception, this agreement has paid
the Lifeguard Department $2.50 per student for every hour of approved curriculum
instruction, Funds utilized from this agreement are to be used for Lifeguard training
purposes, for the purchase of materials, supplies, equipment for training.
Rancho Santiago Community College ])jstrict has amended the agreement from $2.50 per
student hour to $3.00 per student hour. RSCCD has also increased the student
registration cost to $10,00 dollars per student. This increase in registration cost is offset
by the hourly student increase. This year we received $5,400.00, the proposed contract
amendment should increase the amount of reimbursement we receive in the future.
FISCAL IMPACT
There is no fiscal impact.
A.genda Item: k
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RECOMMENDA.TION
t calendar, approve and authorize
~O~Ot?t.o.O.. 1> .
Greg Bea ian. City Manager
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RESOLUTION NUMBER
A RESOLlITlON OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AN IWTERAGENCY SERVICES AGREEMENT
WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
FOR REIMBURSEMENT OF OCEAN LIFEGUARD TRAINING
COSTS
The City Council of the City of Seal Beach hereby resolv.... followa:
SECTION 1. The City Council hereby approves an A_ent for Services with
Santiago Community College,Dj.met for reimbW'lement of ocean lifeguard training costs.
SECTION 2, The Council hereby directs the City MAnager to OOtocute the
Agreement on beholf of the City,
SECTION 3. The Council hereby directs the City Clerk to insert the date of the
Agreement into Section 1 hereinabove.
SECTION 4. The City Clerk shall certify to the passage and adoption afthis
resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seol
Beach this _ day of 2007 by the following vote:
AYES: CounclJ Members
e NOES: Council MembcrA
ABSENT: Council Member.R
ABSTAIN: Council Members
Mayor
A'ITEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Unda Devine, City Clerk of the City of Seal Beach, California. do hereby ceI11fy th.tthe
foregoing Resolution is tl\e original cop)' of Resolution Number _ on file in the office
of 'he CIty Clerk, puaed, approved, and adopted by the City Council of the CIty of Seal
Beach at a meeting thereof held on the _day of 2007,
CityCIc:l<
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INTER-A.GENCY INSTRUCTIONAL SERVICES A.GREEMENT
e TInS A.GREEMENT is entered into this day of 2007,
by and between the Rancho Santiago Community College District, 2323 North
Broadway, Santa A.na, Califomia 92706 ("District'') and the City of Seal Beach
("A.gency").
RECITALS
WHEREA.S, 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
WHEREA.S, Agency has the personnel, expertise and equipment to provide the
e special services required herein; and
WHEREA.S, the public interest, convenience and general welfare will be served
by this contract;
NOW THEREFORE, A.gency and District agree to the following:
PROVISIONS OF THE A.GREEMENT
A A.GENCY'S RESPONSmILITlES:
1. Services. A.gency's responsibility shall be to diligently furnish to the
District the services as set forth in A.ttachment A., hereby incorporated into
this A.greement by this reference.
2. Student A.ttendance Records, Records of student attendance and
achievement will be maintained by Agency. Records will be open for
e review at all times by officials of the ])istrict and submitted on a schedule
developed by the District.
SAC-07-006 1
B. DISTRICT'S RESPONSmILITIES:
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1. Job Market Studv. Prior to establishment of this vocational or
occupational training program, the District's governing board shall
conduct a job market study oftlJe labor market area and determine that the
results justify the proposed vocational education program.
2. Educational Pro2l"am. District is responsible for the educational program
that will be conducted on site.
3. Sunervise and Control Instruction. The instruction to be claimed for
apportionment under this contract shall be under the immediate
supervision and control of a ])istrict employee who has met the minimum
qualifications for instruction in a vocational subject in a California
community college.
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4. Instructor Who Is Not a District Emnlovee - District's Resnonsibilities.
Where A.gency's instructor is not a paid employee of the District, the
])istrict shall have a written agreement with each such instructor who is
conducting instruction for which Full Time Equivalency Students (FI'ES)
are to be reported. The agreement shall state that the District has the
primary right to control and direct the instructional activities of A.gency'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
])istrict.
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6. 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
SAC-07-o06 2
necessary materials and services that it would provide to its regular
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instructors on campus.
7. Courses of Instruction. These are specified in A.ttachment A. to this
Agreement. It is the ])istrict's .responsibility to insure that the outlines of
record for such courses are approved by the ])istrict's curriculum
committee as meeting Title 5 course standards, and that the courses have
been approved by the District's board of trustees.
8. ])ifferent Sections of Courses, ])istrlct 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.
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9. Enrollment. District will advise A.gency 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. ObtainiDlz A.tltlroval ofDellIee and Certificate ProllIam Is District's
Resoonsibilitv. It is required that degree and certificate programs have
been approved by the State Ch~cellor'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
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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 ofnon-])jstrict facilities.
SAC-07-D06 3
12. Fundin2 Source. District shall certify that it does not receive full
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compensation for the direct education costs of the course from any public
or private agency, individual, or group.
13. Certification. ])istrict is respo~ible for obtaining certification verifying
that the instruction activity to be conducted will not be fully funded by
other sources.
C. FEE
1, A.2encv Fee and Exnenses. The fee to be paid by District for the services
and materials to be supplied hereunder is: $3.00 per student contact hour.
2. Invoices. The A.gency shall invoice the ])istrict at regular intervals
supplying documentation acceptable to the ])jstrict of student contact
hours during the quarter.
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D. TERMS A.N]) CON])ITIONS
I. Facilities. A.gency and District agree that the course shall be held at
facilities that are clearly identified as being open to the general public.
2. Ooen Enrollment. ])jstrict and A.gency 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 d,escription of the course and information
about whether the course is offered for credit and is transferable.
3. SUDDort Services for Students. Both A.gency and ])istrict shall insure that
ancillary and support services are provided for the students (e.g.
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Counseling and Guidance, and Placement A.ssistance).
4. A.2encv's Indemnification. The Agency shall indemnify, defend and save
the ])jstrict, its officers, agents and employees harmless from any and all
SAC-07-006 4
claims and losses accruing or resulting to any and all contractors,
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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 A.gl:IlCY 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 this A.greement. The A.gency shall provide necessary
workers' compensation insurance for its employees at A.gency's own cost
and expense.
S. ])istrict's Indemnification. The District shall indemnify, defend and save
the A.gency, its officers, agents and employees hannless from any and all
claims and losses accruing or resulting to any and all contractors,
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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 ])jstrict in the performance of this A.greement,
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 ])istrict in the
performance of this A.greement. The ])jstrict shall provide necessary
workers' compensation insurance for its employees at ])istrict's own cost
and expense.
6. Term of A.l!l"eement. Either party may cancel or terminate this A.greement
without cause upon 30 days prior written notice given to the other party.
7. Termination For Cause. The District may terminate this A.greement and
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be relieved of any consideration to Agency should A.gency fail to perform
the covenants herein at the time and in the manner provided. In the event
of such termination the ])jstrict may proceed with the work in any manner
5.AC-07-006 5
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deemed proper by the District. The cost to the ])istrict shall be deducted
from any sum due the A.gency under this A.greement.
8. A.ssienment. This Agreement shall not be assigned by A.gency either in
whole or in part. Any such p~ed assignment voids this A.greement.
9. Time Is of the Essence. Time is ofthe essence for each of the provisions
of this Agreement, and all the provisions of this A.greement 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.
10. A.mendments. No amendments of the terms of this A.greement 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 ofthe parties hereto.
E. Eoual Emnlovment Onoortunitv 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. A.dditionally, 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.
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IN WITNESS WHREOF, the parties have executed this .Agreement hereto on the
day and year first written above.
SAC-D7-D06
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CITY OF SEAL BMCH
RANCHO SANTIA.GO
COMMUNITY COLLEGE DISTRICT
Date
])ate
By:
By:
Name:
Name:
Title:
Peter Hardash
Title: Vice Chancellor. BusinessIFiscal
Services
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5.AC-07-006
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ATTACHMENT A
INTER-AGENCY SERVICES
TO BE PROVIDED BY:
City of SEAL BEACH
1, Teachina 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 topiC!! 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 oth~r 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, JPT A 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 prior to beginning instruction. The Agency recognizes that
out-of-state tuition fees will be charged for students who are not California residents.
Student attend!ilnce 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 withdrawal prior to completion of a course.
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SAC-07-006
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6. List of Coursers) Or Course Topics: The District will make available to the
Agency all courses listed in the course catalog and additional topics classes consistent
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7. Services: The District and the contract agency will insure that ancillary and
support services such as counseling, guidan~. 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.
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SltC-D7-006
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