IM11111 Nu.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER
BY: DAN HURLOCK, FIRE CHIEF
DATE: AUGUST 8, 2023
SUBJECT: STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
BETWEEN THE DOWNEY FIRE DEPARTMENT AND THE RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT, SANTA ANA COLLEGE
EXECUTIVE SUMMARY
The City Council will consider approving an agreement with the Rancho Santiago Community College District (Santa Ana College) which will allow the City to receive up to seventy thousand dollars ($70,000) per fiscal year for approved instructional training delivered by the Fire Department to qualified Downey Fire Department members. The proposed agreement will be a five (5) year renewal, taking the place of a recently expired agreement.
RECOMMENDATION
That the City Council:
Authorize the City manager, or his designee, to execute the agreement with the Rancho Santiago Community College District allowing the Fire Department to submit periodic training reports and receive payment for approved Fire Department training.
BACKGROUND
The Santa Ana College (SAC) Fire Technology Department is authorized to provide instruction through Standard Inter -Agency Instructional Agreements (ISA) via qualified and approved non -paid instructors with other public entities. Through these agreements, the State of California Community College Chancellor's Office provides funding to support other public entities who provide approved training to its members.
The Downey Fire Department is a public entity that has approved non -paid instructors who are qualified to deliver "in house" training to fire department members. During the last five (5) year agreement, from .tune, 2018, through June, 2023, the Fire Department
STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT BETWEEN THE DOWNEY
FIRE DEPARTMENT AND THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, SANTA ANA
COLLEGE
AUGUST 8, 2023
PAGE 2
captured $181,952.75 for approved training delivered to members of the Downey Fire Department.
ANALYSIS
The new Standard Inter -Agency Instructional Services Agreement between the Downey Fire Department and the Rancho Santiago Community College District, Santa Ana College is for a five-year term beginning June 12, 2023.
As part of the agreement, the Downey Fire Department will track instructional training provided to its members and provide periodic reports, to SAC. Based on the report, SAC will pay three dollars and fifty cents ($3.50) per qualified hour of instructional training, up to seventy thousand dollars ($70,000) per fiscal year.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
FISCAL IMPACT
Approval of the recommended action will result in estimated revenue of up to seventy thousand dollars ($70,000) per year to account 10-3-6215.
ATTACHMENTS
Attachment A: Santa Ana College ISA Agreement
Agenda Item Details
Meeting May 15, 2023 - REGULAR BOARD OF TRUSTEES MEETING (HYBRID) Category 6.INSTRUCTION
Subject 6.5 *Approval of Standard Inter Agency Instructional Services Agreement between RSCCD on behalf of Santa Ana College and City of Downey - Fire Department Type Action (Consent)
Fiscal impact Yes
Budgeted Yes
Budget Source Offset by apportionment revenue.
Recommended Motion to approve the Standard Inter -Agency Inistructional Services Agreement between RSCCD Action on behalf of Santa Ana College and City of Downey Fire Department, located in Downey, California, as presented.
BACKGROUND:
The Santa Ana College ("SAC") Fire Technology Department is authorized to provide instruction through Standard Inter -Agency Instructional Services Agreements ("ISA") via qualified and approved non -paid instructors to other pubic entities. This Standard Inter -Agency Instructional Services Agreement between RSCCD on behalf of Santa Ana College and City of Downey - fire Department ("Agreement") will resin in registering approximately 128 students annually in the Fire Technology ISA Program. This Agreement is to formally enter into a renewed agreement and continue this relationship commencing on the date fully executed by all parties.
ANALYSIS:
This Agreement is administered in compliance with the guidelines issued by the State of California Community College Chancellor's Office. This Agreement shall be effective for a term of five (5) years or until termination by written notice of either party. This Agreement will require the college to pay no more than $70,000 for each fiscal year. This cost is offset by apportionment revenue.
RECOMMENDATION:
It is recommended the Board of Trustees approve the Standard Inter -Agency Instructional Services Agreement between RSCCD on behalf of Santa Ana College and City of Downey Fire Department, located in Downey, California, as presented.
PREPARED BY:
Jeffrey N. Lamb, Ph.D- Vice President, Academic Affairs Larisa Sergeyeva, Ed.D., Dean, Human Services & Technology 5UaMFITED BY:
Annebelie Nery, Ph.D., President, Santa Ana College
SAC-23-063 - Downey ISA - Contraet.pdf (166 KS)
Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a consent agenda fsdng several items for approval of the Board by a single mobon. Most & doe items listed under the consent agenda have gone through Board subcommittee review and feeomrnendation. Documentation correri ng these items has been provided to all board frrembers and the public in advance to assure an extensive and thorough review. helms may be removed from the consent agenda at the request of any board member.
STANDARD HUM AGENCY INSTRUCTIONAL SERVICES AGREEMENT
THIS AGREE.VIE\1T is entered into by and between the Rancho Santiago Community College District with its principle place of business located at 2323 North Broadway. Santa Ana.
California 92706 (District) on behalf of the Santa Ana College Fire Technology Department and City of Downey - Fire Depardanent (Agency) with its principle place of business located at I I I I I Brookshire Ave. Downey, CA 90241-3817.
WHEREAS, under Government Code Section 53060 and Education Code Section 78021. the Rancho Santiago Community College District desires to contract with 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 publics interest, convenience and general welfare will be served by this contract:
NOW THEREFORE, in consideration of the following covenants, conditions and agreements, the parties hereto agree as follows:
1) TERM AND TERMINA=L_This agreement shall be binding and deemed effecuve on dune 12, 2023 and shall remain in effect for five (5) years unless sooner terminated by either party in accordance with this section.
a) Either party, may terminate this Agreement without cause by giving thirty (30) days prior written notice to the other party of its intention to tenninate. In the event a rotation is in progress, any written notice to terminate with or without cause shall become effective at the expiration of the rotation.
b) Iu the event of a material breach of this Agreement, the aggrieved party may terminate this Agreement by giving thirty (30) days` prior written notice of termination to the breaching party. If the breach is not cured, the Agreement shall terminate at the end of the dirty day period.
c) Notwithstanding the foregoing, in the event the Program is discontinued by College during its Term, this Agreement shall immediately terminate without further action by the parties hereto.
2) AGENCY'S RESPONSI]3]E[ ES:
a) ces. Agency shall be responsible to teach the following course:
FSA017 - Firefighter Refresher- Core Competencies
Other courses may be added by mutual consent by both parties, sAc contest # 23-063
RSCCD FIRE ISA Template 2023 Page 1 of 6
b) instructor Oualcatzga: All student contact hours submitted by the Agency to the District shall have been taught under the line of sight swervision of instructoll who meet the District's minimum or equivalent qualifications for hiring as part-time Fire Technology Instructors. This expertise is finished at the expense of the Agency.
The senices include the use of their specialized equipment, facilities, all handouts, and instructors with specific expertise.
c) Enrolhuent of Students: The District will supply current student enrollment forms (electronically if applicable) to the Agency who will return properly completed enrollment forms (electronically if applicable) to the District as soon as is practical. d) alMdent Attendance Records. Agency will maintain records of student attendance and achievement. Records will be open for review at all times by officials of the District and submitted on a schedule developed by the District.
e) Avnlicable Law. Agency agrees to comply with all federal, state, and local laws, rules regulations. and ordinances that are now or may in the f ftm become applicable to Agency, Agency's business, equipment, and personnel engaged in operations covered by this agreement or occurring out of the performance of such operations. 3) DISTRICT'S RESPONSMILIMS
a) Educational Prog. The educational pmgmm provided under this agreement is the sole responsibility of the District. When a course is offered for credit, participants in the course will earn academic credit in accordance with District policy regarding eligibility, attendance, course work, examinations, and related policies and procedures. Accordingly, District retains responsibility for the Program and/or courses offered pursuant to this Agreement.
b) S ' e and Control JUtraction. The instrwion 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. c) lUgOgLor is ee - ' es. Where
Agency's instrwor 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 reported. The agreement shall state that the District has the primary right to control and dhvd the instructional actirities of Agency's instructor.
d) QMUcations of Imimtors. District shall list the mum qualifications for instructors teaching these courses. Such qualifications shall be consistent with requirements specified by the District.
e) 12isidc fan or District shall proNride instructors
with an orientation, instructors manual, course outlines, curriculum materials, testing sAC Conaact # 23-053
RSCCD FIRE ISA Template 2023 Page 2 of 6
and grading procedures, and any of the other necessary materials and services that it would provide to its hourly msu=tors on carpus.
f) Courses of Iusfructioxr It is the District's responsibility to ensure that the course outline of records are approved by the District's curriculums committee pursuit to Title 5 course standards, and that the courses have been approved by the District's board of trustees.
g) Different Section of Courses. District shall ha- a procedures to ensure 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.
h) �e 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. i) strict is responsible to ensure 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 delegate authority to separately approve those courses locally.
j) Ftmding Source. District shall certify that it does not receive full compensation for the direct education costs of the coarse from any public or private agency, individual. or group.
k) 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 55051.5)
4) FEES
a) AgMgy Fee. The fee to be paid by District for the services and materials to be supplied hereunder is: Three dollars and fifty cents ($3.50) per student contact hour. not to exceed 20,000 student contract hours or Seventy Thousand dollars ($70 000) per fiscal year. Annual limits shall not be exceeded without the expressed written permission from either the Dean of Human Services & Technology Division or the Associate Dean of Fire Technology and trust be approved by the District Board of Trustees.
i) Invoices, The Agency shall invoice the District at the conclusion of each course, supplying mutually acceptable documentation of student contact hours for each course.
ii) Tuition. It is mutually agreed that Agency can choose to deduct tuition fees from the total dollar amount per student contact how paid to Agency by District.
SAC Contract # 23-O63
RSCCD FIRE ISA Template 2023 Page 3 of 6
5) TERMS AND CONDMONS
a) Face' ' ie . 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) b) Open Enrols. 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 scheme 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) c) Support Services for_Students. Both Agency and District shall ensure that ancillary and support services are prodded for the students (e.g. Counseling and Guidance, and Placement Assistance).
dj The District shall defend, indemnify and hold Agency harmless from and against any and all liability, loss, expense. reasonable attorneys' fees. or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense. reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents, employees, Students, or District Instructors (if applicable).
Agency shall defend, indemnify and hold the District harmless from and against any and all liability, loss. expense, , reasonable attarneys' fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability. loss, expense, reasonable attorneys' fees. or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Agency, its officers, agents, or employees. e) Countervarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. Any such counterpart containing an electronic or facsimile signature shall be deemed an original.
f) IndCRgndent Contractors. _It is understood that this is an Agreement by and between independent contractors and is not intended to, and shall not be construed to, create the relationship of agent, servant. employee, partnership, joint venture of association, ,or any other relationship whatsoever other than that of independent contractor.
Except as District may specify in writing.
g) Assist. This Agreement shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. h) Farce Majeure. Neither party shall be renaonsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include. but not SAC Contract # 23-063
RSCCD FIRE 1SA Template 2023 Page 4 of 6
be limited to Acts of God, labor disputes civil disruptions. acts of war, epidemics, fire, electrical power outages, earthquakes or other natural disasters. i) Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid- addressed as follows:
if to District:
Rancho Santiago Community College District
ATTN: Vice Chancellor of Business Services
2323 North Broadway
Santa Ana, California 92706
if submitting an invoice, insert: "Attu: Accounts Payable" If to Agency,
City of Downey - Fire Department
Attn: Fire Chief
11111 Brookshire Ave.
Downey, CA 90241-3817
j) Time is of thes ce. 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 the heirs, executors, administrators, successors, and assigns of the respective parties hereto.
k) Choice of Law. This Agrew=t shall be interprete& construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
1) Modifications. No modifications or variations 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.
rxr) a Each Party to this Agreement shall insure or self -insure its activities in connection with this Agreement and obtain. keep is force and maintain during the term hereof insurance or self-insurance insuring against the peril of bodily injury. personal injury, property damage and including a contractual liability endorsement with a limit of liability at least one million dollars ($1,00(L000) per occurrence and two million dollars ($2,000,000) in the aggregate. California Workers' Compensation Insurance on their employees performing any services under this Agreement. and, such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance. Certificates of insurance, or other satisfactory documentation, evidencing that the insurance coverage specified herein is in full force and effect throughout the term of this Agreement may be requested by either party.
SAC Contract 0 23-063
RSCCD FIRE ISA Template 2023 Pane 5 of 6
n) Fmid EM8I,4vment Oonornmity tvkMe. The patsties to this contract agree to promote equal eaaplo3mrent opportemities 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 parder, will provide an em rvnment 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.
o} SevezabilifY, Should any part of this AVvementt be declared through a final decision by a court or tribunal of competent jurisdiction to be unconstitutional. invalid, or beyatad the authority of eitherparty to eater into or to cant' out; such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full .farce and effect. provided that the remainder of this Aft, absent the unexercised portion, can be interpreted reasonably to give effect to the intentions of the parties.
Execution W their signatures below, each of the Mowing repments that they have authority to execute this Agreement and to Marl the party on whose behalf their execution is made.
AGENCY RAMMO SANMGO C0NfNRT1*=
COLLEGE DISTRICT
By. By: kn IEZ52 Poll
Name: Dan Hurloek Name: Lis L Dram
Title: Fire Chief Titk: Vice Chancellor of Business Services Date: Date: -tun 7, 2023
SAC Contract 923-063
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
a0p r. ,- t:
CIN A''RME L)
sAc Conu=; 23-063
RSCM FiitE ISA Tate 2023 Paige 6 of 6