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HomeMy WebLinkAboutAGMT - Rancho Santiago Community College (Lifeguard Training Partnership) • INTER- AGENCY INSTRUCTIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this g 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 WHEREAS, 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 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 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 on a schedule developed by the District. SAC -07 -006 1 ',; B. DISTRICT'S RESPONSIBILITIES: 1. Job Market Study. 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 determine 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 minimum qualifications for instruction in a vocational subject in a California community college. 4. Instructor Who Is Not a District Employee — 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, instructors manual, course outlines, curriculum materials, testing and grading procedures, and any of the other SAC -07 -006 2 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 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. Obtaining Approval of Degree and Certificate Program Is District's Responsibility. 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, concerning approval by adjoining high school or community college districts and use of non - District facilities. SAC -07 -006 3 12. 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. 13. Certification. District is responsible for obtaining certification verifying that the instruction activity to be conducted will not be fully funded by other sources. C. FEE 1. Agency Fee and Expenses. 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 Agency shall invoice the District at regular intervals supplying documentation acceptable to the District of student contact hours during the quarter. 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. 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. 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 ancillary and support services are provided for the students (e.g. Counseling and Guidance, and Placement Assistance). 4. Agency's Indemnification. The Agency shall indemnify, defend and save the District, its officers, agents and employees harmless from any and all SAC -07 -006 4 • • ti 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 this Agreement. The Agency shall provide necessary workers' 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 District 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 District in the performance of this Agreement. The District shall provide necessary workers' compensation insurance for its employees at District's own cost and expense. 6. Term of Agreement. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice given to the other 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 SAC -07 -006 5 • ti deemed proper by the District. The cost to the District shall be deducted from any sum due the Agency under this Agreement. 8. Assignment. This Agreement 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 binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 10. 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 understanding or agreements not incorporated herein shall be binding on any of the parties hereto. E. Equal Employment Opportunity 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. Additionally, 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. IN WITNESS WHREOF, the parties have executed this Agreement hereto on the day and year first written above. SAC -07 -006 6 • • CITY OF SEAL BEACH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Date I A t Date /707 By: By: Name: (A-r.e,q c7 g.eaL,.�c Name: Peter Hardash Title: e ms,- l- ey', C I(�( mq4?ie Title: Vice Chancellor, Business/Fiscal \ Services SAC -07 -006 7 ATTACHMENT A • INTER- AGENCY SERVICES TO BE PROVIDED BY: City of SEAL BEACH 1. Teaching 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 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, JPTA 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 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 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. SAC -07 -006 8 • 6. List of Course(sOr 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. SAC -07 -006 9 INTER -AGCY INSTRUCTIONAL SERVICES likEEMENT 200$ THIS AGREEMENT is entered into this 1 day of JaMUAY'J 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 WHEREAS, 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 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 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. SAC- 07 -006A 1 • • B. DISTRICT'S RESPONSIBILITIES: 1. Job Market Study. 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 determine 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 minimum qualifications for instruction in a vocational subject in a California community college. 4. Instructor Who Is Not a District Employee — 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, instructors manual, course outlines, SAC- 07 -006A 2 curricullmaterials, testing and grading procedl 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 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. Obtaining Approval of Degree and Certificate Program Is District's Responsibility. 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 SAC-07-006A 3 requireits of Title 5, concerning approval by a oining high school or community college districts and use of non - District facilities. 12. 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. 13. Certification. District is responsible for obtaining certification verifying that the instruction activity to be conducted will not be fully funded by other sources. C. FEE 1. Agency Fee and Expenses. The fee to be paid by District 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 district, supplying documentation acceptable to the District of student 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. 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. 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 ancillary and support services are provided for the students (e.g. Counseling and Guidance, and Placement Assistance). SAC- 07 -006A 4 4. Indemmeation. All parties to this Agreement shlagree to defend, indemnify, and hold harmless the other party, its 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 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 of the 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 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. 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. 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 understling or agreements not incorporated he1'gin shall be binding on any of the parties hereto. E. Equal Employment Opportunity 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. Additionally, 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. IN WITNESS WHREOF, the parties have executed this Agreement hereto on the day and year first written above. CITY OF SEAL BEACH RANCHO SANTIAGO 211 8th Street COMMUNITY COLLEGE DISTRICT Seal Beach, CA 90740 Santa Ana College 562.430.2613 1530 W. 17 Street Santa Ana, CA 92706 4 714.480.7340 Date ! i � 6 .Q V • Date eA r - By: By:. Name: Name: Mr. David N. Carmany Peter J. Hardash Title: City Manager Title: Vice Chancellor of Business Operations & Fiscal Services sac- 07 -006A 6 • • ATTACHMENT A INTER- AGENCY SERVICES TO BE PROVIDED BY: CITY OF SEAL BEACH 1. Teaching 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 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, JPTA 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 . 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 SAC- 07 -006A 7 R intervals to plan, reviei ass hours to meet performance objecSs, 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 withdrawals prior to completion of a course. 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. SAC- 07 -006A 8