HomeMy WebLinkAboutCC AG PKT 2008-01-14 #P
e AGENDA REPORT
DATE: January 14,2008
TO: Honorable Mayor and Members of the City Council
FROM: Joe BaIley, Lifeguard CaptaIn
SUBJECT: COLLEGE PARTNERSIITP CONTRACT AMENDMENT
SUMMARY OF REOUEST:
That council approves a contract amendment for the partnership between City of Seal
Beach LIfeguard Department and Rancho Santiago Community College Distnct
(RSCCD).
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BACKGROUND:
On December 19, 1999, the City Council approved an Inter-Agency Sel'Vlces agreement
between the City of Seal Beach Lifeguard Department and Rancho Santiago Community
College District (RSCCD) to reimburse traIning costs, raise instructor reqwrements, and
further standardize Ocean LIfeguard traIning. From Its Inceptlon, this agreement has paId
the Lifeguard Department up to $3.00 per student for every hour of approved cuniculum
instructIOn. Funds util1zed from thiS agreement are to be used for LIfeguard training
purposes, for the purchase of matenals, supplies and equipment for trairnng.
Rancho Santiago Community College District has amended the agreement from $3.00 per
student hour to $3.50 per student hour. RSCCD has also reformulated the student
registration cost that charges per urnt each student is enrolled In. This increased
reglstral10n cost is offset by the increase In the hourly rate per student.
FISCAL IMPACT:
There IS no fiscal Impact.
RECOMMENDATION:
Upon approval of consent calendar, approve and authorize
CaptaIn
NOTED AND APPROVED
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~c::e---y
David Cannany, City Manager
Agenda Item P
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCll. OF THE CITY OF
SEAL BEACH APPROVING AN INTERAGENCY SERVICES
AGREEMENT WITH RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT FOR REIMBURSEMENT OF OCEAN
LIFEGUARD TRAINING COSTS
The CIty Counct! of the CIty of Seal Beach herehy resolves as foJJows:
SECTION 1. The CIty Counet! herehy approves an Agreement for Semces WIth
Sanllago CommunIty College Dlstnct for relmhursement of ocean hfeguard trainmg
costs
SECTION 2. The Counct! herehy dIrects the CIty Manager to eJ<ecute the Agreement on
behalf of the CIty
SECTION 3. The Counct! herehy dtrects the CIty Clerk to msert the date of the
Agreement Into Secbon I heremahove
SECfION 4. The City Clerk shaJJ cerl1fy to the passage and adopbon of tins resolubon.
PASSED, APPROVED AND ADOPTED BY THE City Counct! of Seal Beach, at a
meebng hereof held on the 14h day of Januarv .2008 hy the foJJowmg vote
AYES COUNCILMEMBERS
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NOES'
COUNC1LMEMBERS
ABSENT. COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATI'EST.
CIty Clerk
STATEOFCAUFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
I, LInda Devme, CIty Clerk for the CIty of Seal Beach, CahfOIDla, do herehy Cerltfy that
the foregOIng resolUbons is the ongmal copy of Resolubon Numher_ on file m the
office of the Ctty Clerk, passed, approved an adopted hy the CIty COllDClI of the CIty of
Seal Beach at a regular meebng hereof held on the 14th day of Januarv ,2008.
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Ctty Clerk
INTER-AGENCY INSTRUCTIONAL SERVICES AGREEMENT
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THIS AGREEMENT is entered into tlus _day of 2007,
by and between the Rancho Santiago Community College District, 2323 North
Broadway, Santa Ana, California 92706 ("District") and the City of Seal Beach
("Agency").
RECITALS
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WHEREAS, under Govemment Code Section 53060 and Education Code'Section
78021, the 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 Distnct agree to the following:
PROVISIONS OF THE AGREEMENT
A. AGENCY'S RESPONSIBILITIES:
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 to the district
when requested to meet reporting requirements of the State Chancellor.
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SAC-OT-OO6A
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B. DISTRICT'S RESPONSIBILITIES:
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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 of the labor market area and detennine that the
results justify the proposed vocational education program.
2. Educational Program. 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 who has met the minimwn
qualifications for instruction in a vocational subject in a California
community college.
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4. Instructor Who Is Not a District Emplovee - 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 instrucnon 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. Oualifications of Instructors. District shall list the minimwn qualifications
for instructors teaching these courses. Such qualifications shall be
consistent with requirements in other similar courses given witlun the
District.
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6. District's Control of and Direction for Instructors. District shall provide
SAC-07-006A
instructors with an orientation, instructors manual, course outlines,
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curriculum matenals, testing and grading procedures, and any of the other
necessary materials and services that it would provide to its regular
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.
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 regardmg the supeIVision and evaluation of
students, and the procedure applicable to the withdrawal of students prior
to completion of a course or program.
10. Obtaining Atloroval of Degree and Certificate Program Is District's
Resoonsibilitv. 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
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SAC-07-006A
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requirements of Title 5, concerning approval by adJoming high school or
community college districts and use of non-DIstrict facilities.
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12. Funding Source. District shall certify tbat it does not receive full
compensation for the direct education costs of the course from any public
or private agency, individual, or group.
13. CertificatJ.on. District is responsible for obtaining certification verifying
tbat the instruction activity to be conducted will not be fully funded by
other sources.
C. FEE
1. Al!:encv Fee and Expenses. The fee to be paid by Distnct for the services
and materials to be supplied hereunder IS: $3.50 per student contact hour.
2. Invoices. The Agency shall invoice the District at intervals prescribed by
the distnct, supplying documentation acceptable to the Distnct of student
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contact hours.
D. TERMS AND CONDITIONS
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.
2. Ooen Enrollment. Distnct 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. 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.
3. Support Services for Students. Both Agency and District shall insure that
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ancillary and support services are provided for the students (e.g.
SAC-07-00SA
Counseling and Guidance, and Placement Assistance).
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4. Indemnification All parties to this Agreement shall agree to defend,
Indemnity, and hold hannless the other party, its officers, agents,
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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 of obligations under this Agreement, of the indemnifying
party, or those of any of its officers, agents, employees, or volunteers. The
provisions of this Article do not apply.to any damage or losses caused
solely by the negligence or intentional acts ofthe non-indemnifying party
or any of its agents or employees."
5. Term of Agreement. Either party may cancel or terminate this Agreement
without cause upon 30 days prior written notice given to the other party.
6. Termination For Cause. The District may terminate this Agreement and
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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 Distnct shall be deducted
from any sum due the Agency under this Agreement.
7. Assignment. This Agreement shall not be assigned by Agency either in
whole or in part. Any such purported assignment voids this Agreement.
8. 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 heirs, executors,
administrators, successors, and assigns of the respective parties hereto.
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9. Amendments. No amendments of the terms of this Agreement shall be
valid unless made in writing and signed by the parties hereto, and no oral
SAC-07-006A 5
understanding or agreements not incorporated herein shall be binding on
any of the parties hereto.
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The parties to this contract agree to promote equal employment opportunities
through its policies and regulations. This means that both parties will not
discrimmate, 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 enviromnent
that is free from sexual harassment, as well as harassment and intimidation on
account of an mdividual'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.
CITY OF SEAL BEACH
211 8th Street
Seal Beach, CA 90740
562.430.2613
RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT
Santa Ana College
1530 W. 17th Street
Santa Ana, CA 92706
714.480.7340
:: c#fi
Name:
Date
By:
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Name:
Mr. David N. Cannanv
Title: City Manager
Peter J. Hardash
Title: Vice Chancellor of Business
Ocerations & Fiscal Services
SAC-07-006A
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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 topics 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 Other FundinQ 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, JPTA funding or state sponsored
colleges.
4. Enrollment of Students: The Distnct will supply current student enrollment
forms to the AGENCY. The Agency will retum properly completed enrollment forms and
enrollment fees to the District. 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.
5. Instructional Activities: The Administrators of Rancho Santiago Community
College DIstrict and the "AGENCY' and/or their designees Will meet at mutually agreed
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SAC-07-006A
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intervals to plan, review class hours to meet performance objectives, schedule and
budget for instructional actJvities; the joint consent of the District and the Agency shall
precede any instructional activity and include supervision and evaluation of students and
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6. List of Course's) Or Course TOPics: 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
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SACo07-D06A
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