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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE / COUNCIL
WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, September 18, 2023 at 4:00 PM
Roll Call: Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
Alternates: Eric Alvarez, Sue Zwahlen, Nick Bavaro, David Wright “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.
PUBLIC COMMENTS
Please refer to special public comment instructions above.
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the committee itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.
Consent
1. Consider a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and forwarding to Council for approval. (Funding Source: Not Applicable)
Motion recommending the acceptance of a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and forwarding to Council for approval.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
2. Consider an Agreement with Dr. Jocelyn E. Roland for Psychological Services and Pre-Employment Psychological Screenings, for a total amount not to exceed $930,000 for an eight-year Agreement and forwarding to Council for approval. (Funding Source:
General Fund)
Motion recommending the Agreement with Dr. Jocelyn E. Roland for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and forwarding to Council for approval.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] - 4 -
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NEW BUSINESS
3. Consider a Memorandum of Understanding (MOU) for oversight of the Fire and Emergency Medical Services (EMS) Public Safety Programs between the City of Modesto and Yosemite Community College District for a five-year term, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain instructional services within the State of California, and forwarding to Council for approval. (Funding Source: General Fund) Motion recommending a Memorandum of Understanding (MOU) for oversight of the Fire and EMS Public Safety Programs between the City of Modesto and Yosemite Community College District, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain instructional services within the State of California, and forwarding to Council for approval.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected]
4. Consider the Culture Commission’s nomination to make the Yellow-Billed Magpie the official City bird of Modesto and forwarding to Council for approval (Funding Source:
Not Applicable)
Motion recommending the Culture Commission’s nomination to make the Yellow-Billed Magpie the official City bird of Modesto and forwarding to Council for approval.
PRN; Ashley Weaver, 209-577-5428, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 18, 2023
Date: August 22, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Interim Fire Chief
SUBJECT: Central Valley Incident Management Team Memorandum of Agreement CONTACT: Kevin Wise, Interim Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire TuolumneCalaveras Unit, for participation in the Central Valley Incident Management Team and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
In 2022, the Modesto Fire Department established a Type III All-Hazard Incident Management Team, better known as Central Valley Incident Management Team (CVIMT) with agencies from Stanislaus County and CalFire Tuolumne Calaveras Unit (TCU). An all-hazard (Type III) incident management team is a multi-agency / multi-jurisdiction team for extended incidents formed and managed at the state, regional or metropolitan level. It is deployed as a team of 10-35 trained personnel to manage major and/or complex incidents, as well as incidents that extend into multiple operational periods and require written Incident Action Plans (IAPs). Incidents include, but are not limited to, fires, tornado touchdowns, earthquakes, flooding, hostage / standoff situations, etc.
Today, the team operates with personnel from the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit.
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Safety and Communities Committee, September 18, 2023
Central Valley Incident Management Team Memorandum of Agreement
The team provides the framework necessary to establish an incident command or unified command system as required by the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS).
Some of the incidents the team has assisted with are: Electra Fire (Amador County), Oak Fire (Mariposa County), Mosquito Fire (Placer and El Dorado Counties), Woods Fire (Tuolumne County), and the 2023 flooding which effected multiple counties, including Stanislaus County.
DISCUSSION:
The purpose of the proposed MOA is to establish mutually agreeable terms for the development, administration and utilization of the team. In order to maintain a high level of service, each agency with four or more personnel assigned to the team shall designate one person from that agency to be a member of the Executive Committee.
It is the goal of each party to maintain a continuous partnership. Therefore, the MOA will not expire, except each party is able to terminate their participation with a 30-day written notice.
FISCAL IMPACT:
The Fiscal Year 2023-24 General Fund budget for the Modesto Fire Department is not impacted by this MOA, as no expenses or revenues will be generated from either party.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the acceptance of a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and forwarding to Council for approval.
Approved by:
Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. MOA – Central Valley IMT
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MEMORANDUM OF AGREEMENT BETWEEN MODESTO FIRE
DEPARTMENT, TURLOCK FIRE DEPARTMENT, STANISLAUS
CONSOLIDATED FIRE PROTECTION DISTRICT, AND CAL FIRE
TUOLUMNE-CALAVERAS UNIT FOR PARTICIPATION IN THE
CENTRAL VALLEY INCIDENT MANAGEMENT TEAM.
THIS MEMORANDUM OF AGREEMENT (MOA) is entered into on
____________________, 2023 by and between the MODESTO FIRE
DEPARTMENT, TURLOCK FIRE DEPARTMENT, STANISLAUS
CONSOLIDATED FIRE PROTECTION DISTRICT, AND CAL FIRE TUOLUMNECALAVERAS UNIT. All listed agencies may be collectively referred to as "Parties" or in the singular as "Party" as the context requires.
RECITALS
WHEREAS, the Central Valley Incident Management Team (CVIMT), herein referred to as “the Team”, exists to provide qualified personnel organized to support emergency response, recovery efforts, and planned event operations. The Team provides the framework necessary to establish an incident command or unified command system as required by the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS). The Team is administered at the regional level by the Team Executive Committee in compliance with this MOA.
WHEREAS, each signatory agency to this MOA ("Participant") shall participate in the Executive Committee. The Executive Committee shall consist of an Agency Administrator for each Participant. The Executive Committee's primary purpose is to provide policy-level oversight to the Team.
WHEREAS, any Participant may request the Team when there is a need for assistance in the command and/or general staff functions. Team activation requests shall be considered by the Executive Committee on a case-by-case basis. The requesting agency will maintain jurisdictional responsibility of the incident unless a Delegation of Authority has been fully executed.
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2 WHEREAS, the Team may be used for incidents that extend into a second operational period that require a planning cycle, incident action plan, and operational briefing.
WHEREAS, the Team may be used for incidents that may exceed the ability of the Authority Having Jurisdiction (AHJ) to adequately provide incident command and/or support functions due to the size, scope, and/or complexity of an incident or event.
WHEREAS, the Team may be used for incidents involving terrorism, civil unrest or other criminal activity.
WHEREAS, the Team may be used for incidents that pose unique tactical and/or incident management requirements.
WHEREAS, the Team may be used for special and planned events that may require the coordination of multiple agencies and organizations or pose unique or significant response challenges.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this MOA is to establish mutually agreeable terms for the development, administration, and utilization of the Team.
2. TERMS OF THE AGREEMENT
This MOA shall be deemed executed when it has been signed by all Participants and shall end only upon termination under the terms set forth in Sections 7 and 9 of this agreement.
3. PARTICIPANTS
Participants include the MODESTO FIRE DEPARTMENT, TURLOCK FIRE
DEPARTMENT, STANISLAUS CONSOLIDATED FIRE PROTECTION
DISTRICT, AND CAL FIRE TUOLUMNE-CALAVERAS UNIT.
4. EXECUTIVE COMMITTEE RESPONSIBILITY
The responsibility for oversight of the policies related to the performance of the Team shall be the responsibility of the Executive Committee. Each agency with four or more personnel assigned to the Team shall designate one person from that agency to be a member of the committee. To have a member on the Executive #1..
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3 Committee an agency must have at a minimum of four members participating on the Team. The committee shall establish rules related to the procedure for the time of meetings, conduct of meetings, the location of meetings, and any other related matters as agreed to by the Committee.
5. BUDGET
No financial compensation shall be provided or received by any Participant for participation in the Team, unless where reimbursement is available for Participants through state or federal cost recovery plans.
6. PARTY RESPONSIBILITIES
A) Agency participation on the Team is voluntary. The costs associated with the deployment of a Participant's personnel for Team training, meetings, and incident response are the responsibility of that Participant's agency.
B) Team members must function in the course of employment and be covered by Workers' Compensation insurance through their Participant's agency.
C) All Team members shall perform in a safe, efficient, and professional manner at all times when they are representing the Team. All Team members agree to obey and follow all policies and procedures outlined in the Team manual (Appendix I), the terms of which are incorporated herein and made a part of this MOA. Failure to do so may result in release from the incident and/or removal from the Team.
7. TERMINATION
Any Participant may terminate their participation in this MOA at any time upon serving a 30-day written notice to the Executive Committee. The MOA shall remain in effect for all other Participants.
8. NOTICE
Except as otherwise stated herein, any notice, demand, request, consent of approval that any Participant hereto may or is required to give to the other, pursuant to this MOA shall be in writing and shall be either personally delivered or sent by mail addressed as follows:
City of Modesto Fire Department
409 12th St.
Modesto, CA 95354
City of Turlock Fire Department
244 N. Broadway
Turlock, CA 95380
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4 Stanislaus Consolidated Fire Protection District
3324 Topeka St.
Riverbank, CA 95367
Cal Fire, Tuolumne-Calaveras Unit
785 Mountain Ranch Rd.
San Andreas, CA 95249
9. TERMINATION FOR BREACH
Should any Participant, either individually or collectively, fail to substantially perform its obligations in accordance with this MOA, upon approval of the Executive Committee, a written notice of breach and requirement to cure may be served upon the breaching Participant by the Executive Committee. The notice shall advise of the nature of the breach and provide a reasonable opportunity to cure. Such opportunity shall provide a minimum of 3 days following the date of service in which to cure the default, or, if the default is of such a nature that it cannot be reasonably cured within 3 days, to provide a plan for curing and to commence the cure and diligently prosecute it to completion. If the breaching Participant fails to cure within the period specified, the Executive Committee may serve upon the breaching Participant written notice of termination of that Participant from this MOA specifying the reasons therefor, and the date of termination which shall not be sooner than 2 days following the date the notice is served.
10. INDEMNIFICATION
To the extent permitted by law, each Participant hereto does hereby assume liability for, and agrees to defend, indemnify, protect, save and keep harmless the other Participant(s) and their directors, officers, agents, employees and its successors and assigns from and against any and all liabilities, obligations, losses, damages, penalties, fines, claims, actions, suits, costs and expenses and disbursements (including legal fees and expenses) of any kind and nature imposed in, asserted against, incurred or suffered by such indemnified Participant(s) or their directors, officers or employees or its successors and assigns by reason of damage, loss or injury (including death) of any kind or nature whatsoever to persons or property caused by or in any way relating to or arising out of:
A) Any negligent or wrongful act or action, or any neglect, omission, or failure to act when under a duty to act, or any willful misconduct, on the part of the indemnifying Participant or any of its directors, officers, agents, contractors, or employees in its or their performance hereunder arising out of the performance of this MOA.
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5 B) Violation by the indemnifying Participant or any of its directors, officers, agents, contractors, or employees of any applicable federal, state or local laws/ordinances and any and all lawful orders, rules and regulations issued by any authority with jurisdiction over this MOA.
C) In the event that 2 or more Participants are responsible for any part of any liability hereunder, liability therefore shall be shared between those Participants according to the principles of comparative fault.
D) Each Participant shall notify the other Participant(s) of any claims, administrative actions, or legal actions with respect to any of the matters described in this indemnification provision. The Participants shall cooperate in the defense of such actions brought by others with respect to the matters covered in this indemnity.
E) This indemnity shall not be limited by the types and amounts of insurance, self-insurance or pooled liability contracts or self-insurance maintained by any Participant to this MOA.
F) Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.
G) The indemnity in this section shall survive the termination or expiration of the MOA.
11. INSURANCE OR SELF INSURANCE
Each Participant, at its sole cost and expense, shall carry insurance, or be a member of a pooled liability contract - or self-insure - its activities in connection with this MOA, and obtain, keep in force, and maintain, such coverage insurance or equivalent programs of self-insurance, for general liability, workers compensation, property, professional liability, and business automobile liability adequate to cover its potential liabilities hereunder. Each Participant agrees to provide the others thirty (30) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverage. Failure to maintain insurance as required in this MOA is a material breach of contract and may be grounds for termination of the breaching Participant from the MOA.
12. RELATIONSHIP BETWEEN THE PARTIES
Nothing herein shall be construed to either create, or does any other Participant intend to create by the terms hereof, any contractual or other relationship, whether expressed or implied, of joint power, joint venture, partner, principal-agent, independent contractor, or master-servant.
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6 13. ASSIGNMENT - SUCCESSORS AND ASSIGNS
No Participant may assign this MOA in whole or in part, nor any right, duty, or obligation provided herein, without the express written consent of the Executive Committee. The rights and liabilities set forth herein shall inure to the benefit and bind successors and assigns of the Participants to this MOA but shall not inure to the benefit of any third party or person.
14. GOVERNING LAW
The interpretation and enforcement of the MOA shall be governed by the laws of the State of California. Venue for any action filed by any Participant shall be in the Superior Court for the County of Stanislaus.
15. INTERPRETATION
This MOA shall be deemed to have been prepared equally by all of the Participants, and the MOA and its individual provisions shall not be construed or interpreted more favorably for one Participant on the basis that the other Participant prepared it.
16. DISPUTES
In the event of any dispute arising out of or relating to this MOA, the Participants shall attempt, in good faith, to promptly and mutually resolve the dispute mutually between the respective Participants. If the dispute involves 3 or more Participants, the dispute shall be submitted to the Executive Committee. Pending resolution of any such dispute the Participants shall continue without delay to carry out all its responsibilities under this MOA unless the MOA is otherwise terminated, or a disputing Participant is terminated from the MOA, in accordance with the Termination provisions herein. Nothing in this MOA or provision shall constitute a waiver of any of the government claim filing requirements set forth in Title 1, Division 3.6, of the California Government Code or as otherwise set forth in local, state and federal law.
17. DUPLICATE COUNTERPARTS
This MOA may be executed in duplicate counterparts, with copies provided to all Participants hereto. The MOA shall be deemed executed when it has been signed by all Participants.
18. AUTHORITY TO EXECUTE
Each person executing this MOA represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOA for or on behalf of their Participant agency to this MOA. Each Participant represents and warrants #1..
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7 to the other Participants that the execution and delivery of the MOA and the performance of such Participant's obligations hereunder have been duly authorized.
IN WITNESS WHEREOF, the Participants hereto have caused this MOA to be duly executed as of the day and year first written above.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 18, 2023
Date: August 23, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Psychological services and pre-employment psychological screening services for the Modesto Police and Fire Departments
CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:
Consider an Agreement with Dr. Jocelyn E. Roland for Psychological Services and PreEmployment Psychological Screenings, for a total amount not to exceed $930,000 for an eightyear Agreement and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in City government through transparent and efficient service delivery.
BACKGROUND:
The Modesto Police Department has an ongoing need for psychological services and preemployment psychological screenings to improve the long-term health and wellness of our Peace Officers. Peace Officers are required to be emotionally and mentally evaluated by a psychologist who is licensed by the California Board of Psychology and who has a minimum of five years of experience in the diagnosis and treatment of emotional and mental disorders.
Since 1994, the City of Modesto has provided counseling and psychological services to Modesto Police Department (MPD) sworn personnel through Dr. Jocelyn E. Roland. On June 2, 2015, by Resolution No 2015-179, Council approved an agreement with Dr. Jocelyn E. Roland, Ph.D. ABPP, for counseling and psychological services, for a five-year contract with three oneyear extension options. This agreement expires December 31, 2023.
Jocelyn Roland, PhD. ABPP, is a California licensed psychologist who specializes in providing services in the specialty area of law enforcement, public safety, and forensics. She is Board #2..
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Safety and Communities Committee, September 18, 2023
Psychological services and pre-employment psychological screening services for the Modesto Police and Fire Departments
Certified in Police and Public Safety Psychology through the American Board of Professional Psychology (ABPP), the highest credential for a psychologist indicating competence in a specialty field. She is also the only psychologist providing all the above services in the Modesto geographic area who is Board Certified. The closest psychologists with experience in police and public safety psychology counseling and psychotherapy are in Fresno, Sacramento, and the Bay Area. It should be noted that there is only one Board Certified psychologist in the Bay Area who conducts pre-employment evaluations but provides no counseling services, and the other two psychologists who are Board Certified provide counseling and consultation, but no preemployment psychological evaluations.
Under the current contract, Dr. Roland provides counseling/therapy to all full-time regular, and reserve sworn officers of the MPD, at no cost to the covered employees. Additionally, this contract provides mental health consultation for the Modesto Police Critical Incident Team (CIT) and SWAT activations in the field, as well as participates and assists in regular training with the teams. Dr. Roland also provides support, consultation, and training to the Modesto Critical Incident Stress Management Team (CISM). Consultation and training on a variety of issues within the scope of the consultant’s expertise are offered at the request of Police Administration or Police supervisors, as needed. The City has paid Dr. Roland $58,000 annually for the term of the existing contract for these services. The existing contract allows for both parties to meet on or about January 15th of each year to review the number of employees covered under the contract. Should the number of covered employees increase by ten or more, the fee for servicing the contract will increase by $150 per additional employee. Conversely, should the number of employees decrease by ten or more, the fee will decrease by $150 per person.
Dr. Roland also provides pre-employment psychological screenings for all regular and reserve police officer candidates, firefighter recruits, as well as Animal Control candidates to determine emotional and mental stability according to Government Code Section 1031 and the California Commission on Peace Officer Standards and Training (POST) Regulation 1955. The focus on the evaluation is to assess applicants and screen out unsuitable candidates with “emotional or mental conditions that might adversely affect the exercise of powers of a peace officer” (Government Code 1031(f)). Dr. Roland meets the requirements of POST Commission Regulation 1955 (b) for Continuing Professional Education.
DISCUSSION:
The City will pay Dr. Roland $64,000 annually for the above-described services, not to exceed $512,000 for the term of the agreement. The parties will meet on or about January 15th of each year to review the number of employees covered under the contract.
This contract will also provide pre-employment psychological screenings for all regular and reserve police officer candidates, firefighter recruits, as well as Animal Control candidates to determine emotional and mental stability. There should be approximately 85 pre-employment screenings for the Police Department annually. Pre-employment psychological screenings will also be provided to fire fighter candidates. There should be approximately 25 pre-employment screenings for the Fire Department candidates. The total for all pre-employment screenings annually is $52,250, not to exceed $418,000 per the term of the agreement.
The term of the new contract is for five years with three one-year extension options for a total of eight years, not to exceed $930,000. The contract will commence on January 1, 2024. #2..
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Safety and Communities Committee, September 18, 2023
Psychological services and pre-employment psychological screening services for the Modesto Police and Fire Departments
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, there are exceptions to the rule set forth in the Modesto Municipal exception, MMC Section 8-
3.204(b), which provides that the purchasing agencies’ requirements can be met solely by a single article or process; the sole source to provide counseling/therapy services for the Modesto Police Department, to Jocelyn E. Roland, Ph.D., ABPP, conforms to the Modesto Municipal Code. Dr Roland is a Board-Certified Psychologist who is located in the Modesto area and provides both pre-employment psychological screenings, and counseling/therapy for the mental health of sworn officers. There is one other Board-Certified Psychologist located in the Bay area, but they only provide pre-employment evaluations, not counseling services. There are other Board-Certified Psychologists in Fresno, Sacramento, and the Bay Area, who provide counseling services, but do not provide pre-employment psychological evaluations.
FISCAL IMPACT:
The Police and Fire Department each budget for psychological services and pre-employment psychological screenings annually. Funds are budgeted in the current Fiscal Year 2023/2024 General Fund Operating Budget for both the Police and Fire Departments. With additional allocations added with Measure H funds, more Pre-Employment Psychological screenings will be needed for the hiring of those allocations.
8-Year History of Annual Expenditures:
Fiscal Year
Pre-Employment
Screenings
Counseling
Services Total
15/16 $24,295 $58,000 $82,295
16/17 $27,000 $58,000 $85,000
17/18 $20,700 $58,000 $78,700
18/19 $7,650 $58,000 $65,650
19/20 $14,400 $58,000 $72,400
20/21 $12,005 $53,167 $65,172
21/22 $14,225 $58,000 $72,225
22/23 $18,050 $53,167 $71,217
Total $138,325 $454,334 $592,659
Anticipated Agreement Annual Expenditures:
Counseling Services Pre-employment Screening Total
MPD: 0100-19420-53300 $64,000 $40,375
MFD: 0100-18210-53300 $11,875
Total $64,000 $52,250 $116,250
8-Year Total $930,000
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Agreement with Dr. Jocelyn E. Roland for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and forwarding to Council for approval. #2..
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Safety and Communities Committee, September 18, 2023
Psychological services and pre-employment psychological screening services for the Modesto Police and Fire Departments
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Dr. Roland Agreement
2. Exhibit A- Scope of Services
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of __________________, 2023 by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Jocelyn E. Roland, PhD. ABPP, Psychologist, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that an agreement should be prepared for the City to provide counseling/therapy to all full-time regular and reserve sworn Police Officers of the City’s Police Department, at no cost to the covered employee and the City also desires to provide pre-employment psychological screenings for all regular and reservce Police Officer applicants, Fire Fighter applicants, as well as Animal Control Officer applicants, to determine the emotional and mental stability of potential employees; B. Consultant represents that it is qualified, willing and able to provide the services to provide psychological counseling/therapy and pre-employment psychological screens. .
C. the Consultant has specialized skills, knowledge and training relating to law enforcement, public safety, forensics, counseling, and psychotherapy and is Board Certified in Police and Public Safety Psychology.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A” or “Project.”
2. TERM OF AGREEMENT.
The term of this Agreement shall be for five (5) years with three (3) one-year extension options at the sole discretioin of the CITY, for a total of eight (8) years. #2..
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2 Year 1 – January 1, 2024 through December 31, 2024;
Year 2 – January 1, 2025 through December 31, 2025;
Year 3 – January 1,2026 through December 31, 2026;
Year 4 - January 1, 2027 through December 31, 2027;
Year 5 - January 1, 2028 through December 31, 2028;
Year 6 - January 1, 2029 through December 31, 2029;
Year 7 - January 1, 2030 through December 31, 2030;
Year 8 - January 1, 2031 through December 31, 2031
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $64,000 per year, and $512,000 for the term of the Agreement as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A,” except for pre-employment psychological screening. Those preemployement screenings shall be paid separately, per evaluation, when an evaluation is requested, at a rate of $475.00 per screening, not to exceed $52,250 per year and $418,000 for the term of the Agreement. City will pay Consultant $475.00 per pre-employment screening that are not canceled within two (2) business days of the scheduled appointment and “no-shows” for appoinments will be billed at the regular rate. The total compensation of this Agreement for the term of eight years shall not exceed $930,000.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
Consultant will bill the City in monthly increments for one-twelfth (1/12th) of the annual flat rate sum, commencing on or about January 1, 2024. The City will reimburse Consultant within thirty (30) days from the billing date.
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3 City will pay Consultant $475.00 for each pre-employment psychological screening. The parties will meet on or about January 15th of each year to discuss if there will be an adjustment due to increased costs of doing business for the screenings. Any adjustment shall be reflected in an amendment executed pursuant to paragraph nine of this Agreement.
On or about January 15th of each renewing year, the Consultant will contact the City’s Police Department to determine the number of employees currently covered under this Agreement. Should the number of employees increase by ten (10) or more, the fee for servicing this Agreement will increase by one hundred fifty dollars ($150.00) for each additional person. Similarly, if the number of employees decreases by ten (10) or more, the fee for servicing this Agreement will decrease by one hundred fifty dollars ($150.00) per person.
Presently, 372 employees, (211 full time sworn, and 22 part-time reserves) are covered under this Agreement as verified by the City.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Jocelyn E. Roland, PhD. ABPP, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that one hundred percent (100%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
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4 6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.
8. CONFLICT OF INTEREST.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance #2..
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5 of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility #2..
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6 for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A,’ without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.
Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and #2..
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7 received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Jocelyn E. Roland, PhD. ABPP, Psychologist Address: 2937 Veneman Ave, Ste B-125
Modesto, CA 95356
Phone: ( 209 ) 521-8400
FOR CITY: Name: City of Modesto
Address: 600 Tenth Street
Modesto, CA 95354
Attention: Aurelia Harris, Public Safety Business Analyst Phone: (209) 342-9185
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, #2..
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8 affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its #2..
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9 agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.
Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause. #2..
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10 Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
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11 h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
16. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #2..
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12 Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
17. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.
20. PARTIAL INVALIDITY.
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13 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #2..
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14 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 202X- , adopted by the Council of the City of Modesto on the day of , 202X, and Dr. Jocelyn E. Roland has caused this agreement to be duly executed.. #2..
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EXHIBIT A
SCOPE OF WORK – DR ROLAND
1. Dr Roland agrees to provide counseling/therapy to all full-time, regular and reserve sworn Police Officers of the City’s Police Department, at no cost to the covered employee. Free Counseling services will be provided to the dependents of all full-time, regular and reserve sworn Police Officers of the City’s Police Department, for a maximum of three (3) sessions of counseling/therapy. The dependents may be referred to another suitable provider at the conclusion of the three (3) sessions and in that event, any cost incurred for further counseling/therapy services would be the employee’s responsibility. This agreement does not apply to employees currently disabled or unable to work their regularly assigned duties nor does it cover non-sworn employees. It does not cover mental health services outside of the Consultant (i.e., medication prescription, inpatient substance abuse treatment, etc.); however, Consultant will assist the employee or dependent in securing the needed services.
2. Dr. Roland is available twenty-four (24) hours a day for Critical Incident Team (CIT)/SWAT callouts as a psychology field consultant for consultation and advice regarding hostage/barricade events.
3. Dr Roland is available twenty-four (24) hours a day for crisis debriefing of critical incidents upon the request of the Watch Commander or higher-ranking command personnel. Debriefings are available to all sworn staff and Police Reserves.
4. Dr. Roland will provide consultation to Investigative Services and Administration as requested. Dr Roland is available to provide training day presentations, schedule permitting.
5. Dr. Roland will provide pre-employment psychological screenings for all regular and reserve Police Officer applicants, Fire Fighter applicants, and as well as Animal Control Officer applicants to determine emotional and mental stability according to Government Code Section 1031 and the California Commission on Peace Officer Standards and Training (POST) Regulation 1955. The consultant shall meet the requirements of POST Commission Regulation 1955(b) for Continuing Professional Education. #2..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 18, 2023
Date: August 22, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Interim Fire Chief
SUBJECT: YCCD-MJC Partnership and Instructional Services Agreement CONTACT: Kevin Wise, Interim Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider a Memorandum of Understanding (MOU) for oversight of the Fire and Emergency Medical Services (EMS) Public Safety Programs between the City of Modesto and Yosemite Community College District for a five-year term, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain instructional services within the State of California, and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
For several years, the Yosemite Community College District (YCCD) and Modesto Fire Department (MFD) have recognized each other as valued partners in fire and emergency service education and training. On September 3, 2019, under Resolution 2019-383, Council approved an agreement with YCCD for use of the Modesto Junior College (MJC) Regional Fire Training Center (RFTC) for a five-year term, from August 1, 2019 through June 30, 2024. This agreement has allowed MFD personnel the ability to schedule and use the MJC RFTC buildings and grounds, as available for meetings, trainings, and skill evaluations, enabling the department to provide a continued high level of fire protection and emergency service to the community.
Recently, YCCD and MFD have shown desire to enter into an agreement to share Fire and EMS Public Safety Program management at the MJC RFTC, and both parties believe this is a mutually beneficial and cost-efficient way to deliver important public safety training services in an improved manner.
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Safety and Communities Committee, September 18, 2023
YCCD-MJC Partnership and Instructional Services Agreement
DISCUSSION:
Under the new proposed agreement for oversight of the Fire and EMS Public Safety Programs between YCCD and MFD, MFD will dedicate one (1) 40-hr Deputy Fire Chief to provide administrative oversight to the programs.
In conjunction to the proposed agreement, YCCD (on behalf of MJC) and MFD desire to enter into an Instructional Service Agreement (ISA) for the provision of certain instructional services within the State of California. Under this agreement, MFD will provide instruction for some of the college’s educational courses. The college will, in turn, provide the students with college credit or noncredit for the successful completion of the course.
The initial term of the two (2) proposed agreements is for three (3) years, from July 1, 2023 through June 30, 2026. Unless opposed by either party prior to June 30, 2026, the agreement will automatically extend for an additional two (2) years, through June 30, 2028.
The current five-year partnership between YCCD and City of Modesto for use of the RFTC is set to expire June 30, 2024. The new proposed partnership agreement will terminate the last Fiscal Year of the current agreement (FY2023-24).
FISCAL IMPACT:
YCCD will compensate MFD for the provision of administrative oversight to the MJC Fire and EMS Public Safety Programs, based upon the total reasonably anticipated costs of associated time of a Deputy Fire Chief. The total estimated revenue over five years is listed below:
Fiscal Year Annual Revenue
2023-24 $180,000
2024-25 $180,000
2025-26 $180,000
2026-27 $180,000
2027-28 $180,000
Total Revenue $900,000
In addition to the administrative oversight revenue, through the Instructional Service Agreement, YCCD will reimburse MFD for our firefighters’ training and education hours, based upon negotiated hourly reimbursement rate for college Full-Time Equivalent Students (FTES).
Currently, one (1) hour of an FTES generates $9.22/ student hour. If total student attendance hours generated are less than or equal to 100,000 contact hours per academic year, YCCD shall reimburse 40% of total FTES revenue, and 50% of total FTES revenue if submitted training hours exceed 100,000 hours per year. This additional revenue generated is estimated at $300,000 - $400,000 annually.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a Memorandum of Understanding (MOU) for oversight of the Fire and EMS Public Safety Programs between the City of Modesto and Yosemite Community College District, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision #3..
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Safety and Communities Committee, September 18, 2023
YCCD-MJC Partnership and Instructional Services Agreement
of certain instructional services within the State of California, and forwarding to Council for approval.
Approved by:
Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. YCCD-MJC-Modesto Partnership MOU 2023-2028
2. YCCD Instructional Services Agreement 2023-2028
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1 MEMORANDUM OF UNDERSTANDING FOR OVERSIGHT OF THE FIRE
AND EMS PUBLIC SAFETY PROGRAMS BETWEEN THE CITY OF
MODESTO AND YOSEMITE COMMUNITY COLLEGE DISTRICT
[July 1, 2023 to June 30, 2028]
This Memorandum of Understanding for Management of Modesto Junior College Fire and EMS Public Safety Programs (“MOU”) is entered into as of July 1, 2023, by and between the City of Modesto, a municipal corporation (“MODESTO”), and Yosemite Community College District (“YCCD”) (collectively, the “Parties”).
RECITALS
WHEREAS, MODESTO and YCCD desire to enter into an agreement to share Fire and EMS Public Safety Program management costs at the Modesto Junior College (MJC) Regional Fire Training Center (RFTC); and,
WHEREAS, the Parties believe that this is a mutually beneficial and cost-efficient way to deliver important public safety training services in an improved manner; and, WHEREAS, the Parties wish to enter an expanded MOU for shared training and instructional services; and
WHEREAS, the Parties are entering into this MOU as authorized pursuant to California Government Code Sections 54980, et seq.; and,
WHEREAS, each Party will continue to be governed by their currently designated governing authority; and
WHEREAS, there is a current five (5)-year partnership agreement between MJC and MODESTO, known as the Yosemite Community College District Modesto Junior College/ Regional Fire Training Center Partnership Agreement, with effective dates of July 1, 2019 to June 30, 2024. The parties agree that the MJC-MODESTO Partnership Agreement terminates the last fiscal year (2023-24AY).
NOW THEREFORE, the Parties agree as follows:
1. Scope of Services. The positions identified below (“Designated Positions”) shall deliver the services more particularly described below:
(a) MJC Fire and EMS Public Safety Program Services
(1) MODESTO shall provide administrative oversight to the MJC Fire and EMS Public Safety Programs and dedicate a minimum of one (1) forty (40) hour chief officer position.
(2) Personnel from the MODESTO Training Division shall provide cooperation and support to the MJC Fire and EMS programs. #3..
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2 (3) YCCD shall provide one (1) forty (40) hour administrative secretary position for administrative support work in accordance with YCCD job description.
(4) YCCD shall provide facility and lab support for instructional and training needs in support of the mission and goals of the RFTC. (5) YCCD shall provide office space and equipment for the program coordinator as well as MODESTO training division staff servicing the programs as requested.
(b) Training Facilities Use
(1) YCCD shall provide access to facilities for instructional and fire department training-related activities free of charge to MODESTO. (2) General usage of the RFTC includes classrooms, conference rooms, EMS skills lab, men’s & women’s’ restrooms, showers, locker rooms, breakroom, course registration assistance, the training grounds, cones & delineators, training tower, apparatus bay, SCBA compressor, washer extractor, and all training props located on site.
(3) MODESTO shall provide access to Modesto Fire Department training facilities for instructional and fire department training-related activities free of charge to YCCD students participating in RFTC instructional programs.
(4) Prior to use, MODESTO and YCCD shall request approval for facility use using each agencies’ designated facility scheduling coordinator(s).
Each agency shall make best efforts to accommodate scheduling requests, however, these requests are not guaranteed.
(5) Scheduling information will include: Agency, contact lead, number of personnel, times and date(s), course and / or training goal(s), supply needs, and requested training area(s).
(6) RFTC usage must be consistent with the RFTC mission and scheduled on a first come basis. YCCD courses are generally scheduled six months or more in advance and hold primacy during those scheduled times. (7) MODESTO and YCCD agree that fire agency units/personnel seeking to use the MJC Regional Fire Training Center, without receiving scheduled and approved use will “check-in” in person at the RFTC building front counter with staff prior to beginning their training. This will allow RFTC to determine (1) the ability to accommodate nonscheduled use by units/personnel and (2) if the RFTC is available for use minimize any disruptions to college courses in session and/or scheduled uses by other fire agencies that may be on premise. #3..
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3 (8) MODESTO and YCCD agree damages at either the RFTC or any MODESTO training facilities including, but not limited to the drill towers, water system, classrooms, training equipment, fire simulator systems, training props, as well other facilities directly associated with either RFTC or MODESTO use, will be reported immediately and paid for by the entities determined to have caused the damage. (9) YCCD may assess additional fees for RFTC use to MODESTO, when additional resources are required, to support incurred site operators, instructor salaries, books, materials, supplies, and certification expenses related to use of facilities. YCCD will inform MODESTO when such additional fees and requirements are needed. Invoicing for fees, if assessed, will occur within ten (10) business days of use and payment will be due thirty (30) days from receipt of invoice. In no event shall additional invoices exceed the City Manager’s signing authority under the Modesto Municipal Code.
(10) MODESTO may assess additional fees for MODESTO facility use to YCCD, when additional resources are required, to support incurred site operators, instructor salaries, books, materials, supplies, and certification expenses related to use of facilities. MODESTO will inform YCCD when such additional fees and requirements are needed.
Invoicing for fees, if assessed, will occur within ten (10) business days of use and payment will be due thirty (30) days from receipt of invoice. (11) As identified and requested by either party, MODESTO and YCCD agrees to provide appropriate documentation required to mitigate risk management that may arise from unique uses of the RFTC or MODESTO fire training facilities.
(c) Inventory and Supplies
(1) YCCD and MODESTO agree to conduct an official inventory of all equipment, training props, buildings, and containers, currently located at the RFTC, annually.
(2) Training supplies including hardware, lumber, liquid smoke, and other expendable materials will be invoiced to the using agency at the current costs to the agency providing those materials.
(d) Fire Apparatus Use
(1) When possible, MODESTO will loan fire apparatus to support RFTC training program needs. These apparatuses will continue to be owned and insured by MODESTO.
(2) MODESTO fire apparatus utilized at RFTC shall be stored inside of RFTC garage spaces when not in use.
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4 (3) MODESTO fire apparatus loaned to RFTC shall be repaired and maintained by MODESTO fleet services.
2. Executive Oversight Committee
(a) An Executive Oversight Committee, consisting of MODESTO Fire Chief, MJC Dean assigned to oversee the Fire and EMS Public Safety Programs, MODESTO Chief Officer assigned to oversee MJC Fire and EMS Public Safety Programs, MJC President, and Stanislaus County Fire Warden Fire Chief or designee. This committee shall agree to meet no less than twice per year at a mutually agreeable time and location. If areas of improvement are identified during these meetings, then a reasonable corrective action plan shall be mutually developed and agreed upon. Each meeting will have a meeting agenda and meeting minutes will be kept and distributed to each agency.
3. Payment for Services
(a) YCCD shall compensate MODESTO for the provision of administrative oversight to the MJC Fire and EMS Public Safety Programs as further described in item 3(b).
(b) The annual fee payments are based upon the total reasonably anticipated costs of associated time of a Modesto Fire Department chief officer in the amount of $180,000 per year, plus $30,000 to support MODESTO fire apparatus maintenance and service fee, less annual MJC-MODESTO Partnership Agreement fee of $30,000 per year for a final amount of $180,000 per year.
Payable by or before the month of April of each academic fiscal year.
4. Regulations and Policies. MODESTO and YCCD will provide the assigned personnel with all necessary regulations, policies, procedures, manuals, and other information, as well as incidental materials and supplies, work area, computer access, telephone, and other standard provisions as required to perform the services called for by this MOU.
5. Employment of Personnel. Assigned employees of MODESTO and YCCD working in their designated positions shall remain with their current employer of record unless a separate agreement is reached. Each employee will be supervised and evaluated by their current employer of record following established guidelines and contracts for each agency. As allowed under such contracts, input from employees from the partner agency may be utilized as a component of evaluation. Day to day operational decisions shall be at the direction of the Modesto Deputy Fire Chief, subject to procedures established by each party.
6. Litigation Support. The Parties will make the designated MODESTO and YCCD employees available to testify in any litigation or administrative proceeding brought regarding work performed under this MOU.
7. Initial Term of the MOU. The term of this MOU shall be for a period of three (3)years, to commence on July 1, 2023, and continue until June 30, 2026. #3..
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5 8. Extension of Term. By resolution of all parties, unless there is desire to reopen this MOU prior to June 30, 2026, it will automatically be extended for an additional two (2) year term through June 30, 2028.
9. Termination or Withdrawal. At any time and without cause, any Party may terminate the whole or any part, its participation in this MOU by giving at least six (6) months advance written notice to the other Parties.
10. Indemnification. The Parties to this MOU agree to defend, hold harmless and indemnify the other Parties, their elected and appointed officials, employees and agents, from any and all claims for injuries or damage to persons or property caused by the indemnifying party’s performance or failure to perform under this MOU.
11. Insurance. Each party shall secure and maintain, at its sole expense, appropriate insurance coverage, including workers’ compensation coverage, throughout the term of this Agreement.
Prior to the effective date of the Agreement and subsequently, upon the request of the other party, each party shall provide evidence of insurance coverage or satisfactory statements of selfinsurance meeting the requirements specified below:
(a) Commercial General Liability Insurance, insurance with a minimum limit of liability per occurrence of Two Million Dollars ($2,000,000) for bodily injury and property damage. If Commercial General Liability Insurance or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability Insurance, with a minimum limit of liability per occurrence of One Million Dollars ($1,000,000) for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage. (c) Workers Compensation in at least the minimum statutory limits. With respect to Workers Compensation coverage, the party employing the Designated Fire Department Employee will provide Workers Compensation coverage for any injuries sustained in the normal course and scope of the Designated Fire Department Employees’ performance of services.
(d) General provisions for all insurance. All insurance shall:
(1) Be endorsed to include the other parties, its elected and appointed directors, officials, officers, employees, volunteers and agents, as additional insureds with respect to this MOU and its performance. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds.
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6 (2) Be primary with respect to any insurance or self-insurance programs of other Parties, their elected and appointed officials, employees, and agents.
(3) Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. (4) No changes in insurance may be made without the written approval of all parties’ general counsel’s offices. No changes in insurance may be made without the written approval of all parties’ general counsel’s offices.
12. Mediation. Should any dispute arise out of this MOU, any party may request that it be submitted to mediation. The involved Parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the involved Parties; in the absence of an agreement, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfolded” process. The cost of mediation shall be borne equally by all involved Parties. No party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than sixty (60) days, unless the sixty (60) day period is extended in writing by the Parties.
13. Costs and Attorney Fees. Attorney fees shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this MOU.
14. Intent. The Parties intend to continue to explore efficiencies and commit to pursue further collaborations.
15. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect.
16. Not a Joint Venture or Joint Powers Authority. The Parties intend by this MOU to establish only a MOU for shared training services, and do not intend to create a joint powers authority, partnership, joint venture, or joint enterprise of any kind.
17. No Third- P a r t y Beneficiary. This MOU is only for the benefit of the Parties as corporate entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
18. Notices. All notices, demands, requests, and other communications required or permitted under this MOU between the Parties shall be in writing and:
a) Sent by United States Certified Mail, return receipt requested, in which case #3..
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7 notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States mail, or
b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or c) Sent by electronic mail if a copy of the notice is also sent by United States Certified Mail; in which case notice shall be deemed delivered on transmittal by electronic mail or other similar means, provided that a transmission report (e.g. delivery receipt, read receipt) is generated that reflects the accurate transmission of the notice(s).
City of Modesto must be addressed as follows:
City of Modesto
Attn: City Manager
PO Box 642
Modesto, CA. 95354
And copy to:
Modesto Fire Department
Attn: Fire Chief
600 11th Street
Modesto, CA 95354
Yosemite Community College District must be addressed as follows:
Modesto Junior College
Attn: College President
435 College Avenue
Modesto, CA 95350
And copy to:
Modesto Junior College
Attn: Dean of School of Public Safety
435 College Avenue
Modesto, CA 95350
19. Waiver. No failure on the part of any party to exercise any right remedy hereunder shall operate as a waiver of any other right or remedy that any party may have hereunder, nor does waiver of a breach or default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other provision of this MOU.
20. Amendment. No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by all Parties. #3..
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8 21. Governing Law. This MOU, regardless of where executed, shall be Governed by and construed according to the laws of the State of California.
22. Venue. Venue for any action regarding this MOU shall be in the Superior Court of the County of Stanislaus.
23. Authority to Enter into MOU. Each party warrants that the individuals who have signed this MOU have the legal power, right, and authority to make this MOU and to bind each respective party.
24. Entire MOU. This MOU consists of eight (8) pages and constitutes the complete and exclusive Statement of the MOU among the Parties. No terms, conditions, understandings or agreements purporting to modify or vary this MOU, unless hereafter are made in writing and signed by each party to be bound, shall be binding on any of the Parties.
25. Counterparts. This MOU may be executed in duplicate originals, each which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, these Parties have executed this Agreement with the intent to be bound thereby as of the Agreement Effective Date. #3..
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YOSEMITE COMMUNITY COLLEGE DISTRICT
2201 Blue Gum Ave, Modesto, CA 95358
INSTRUCTIONAL SERVICE AGREEMENT
YCCD-ISA (2017) Page 1
This Instructional Service Agreement is between the Yosemite Community College District on behalf of Modesto Junior College, hereinafter called DISTRICT and the City of Modesto, a municipal corporation, by and through its Fire Department, hereinafter called AGENCY for the provision of certain instructional services within the State of California.
BACKGROUND
The DISTRICT has conducted a job market study of the labor market area and has determined that the results justify the proposed vocational education program in the Fire Science discipline. (California Education Code, Section 78015).
The DISTRICT may enter into a cooperative instructional service agreement with a public or private agency for the purpose of providing instruction and training.
AGENCY and DISTRICT desire to enter into a mutually beneficial agreement under which AGENCY will provide the instruction and facilities for some of the college’s educational courses. DISTRICT will, in turn, provide those in the courses (“Students”) with college credit or noncredit for the successful completion of the courses under the terms specified in this Agreement.
AGREEMENT
The parties agree as follows:
1. Duration. This Agreement shall be effective on July 1, 2023, or upon the date that the final required signature is obtained by the DISTRICT, whichever occurs later, and shall expire on June 30, 2026, unless terminated under Paragraph 6 or renewed through a written amendment issued under Paragraph 12.
Unless by mutual agreement there is desire to reopen this Instructional Service Agreement prior to June 30, 2026, it will automatically be extended through June 30, 2028.
2. DISTRICT Responsibilities.
2.1. Shall provide a coordinator to work with the AGENCY for all Courses taught through the AGENCY (“CoDirector”).
2.2. Shall coordinate days and times for each course with AGENCY. However, DISTRICT will:
2.2.1. Schedule courses in accordance with the units and hours as stated on the Course Outlines of Record.
2.2.2. Follow the requirements of the student attendance accounting manual to generate proper apportionment.
2.2.3. Require between 48 and 54 hours of total student involvement per unit of credit, including preparation, class time, and homework. (see Title 5 §55002.5 and CCCCO Guidelines http://extranet.cccco.edu/Portals/1/AA/Credit/2015/SemesterHoursandUnitsCalcsTablesforCre ditCourses.pdf).
2.3. Shall provide students ancillary and support services including, but not limited to, counseling and guidance, assessment and placement assistance, and tutoring.
2.4. Shall publicize each course in its online schedule of classes for a period of at least thirty days (30 days) before the start date to ensure an appropriate opportunity for open enrollment. DISTRICT may #3..
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YCCD-ISA (2018) Page 2
promote upcoming courses using any methods at its disposal, including but not limited to website, newsletters, and direct messages to students.
2.5. To ensure open access, shall set the enrollment maximum for each course to meet or exceed the standard used for on-campus offerings and to exceed AGENCY’s expected employee enrollment by at least fifteen percent (15%).
2.6. Shall be responsible for registering the Students for the Courses.
2.6.1. Each student taking a course must be registered at the beginning of the course.
2.6.2. Shall advise each student at the time the student enrolls of the specific tuition and fees charged for the courses.
2.6.3. Must receive a completed student registration form for each student before recording the student as enrolled in each course.
2.6.4. Will open enrollment in courses to any person who has been admitted to the college and has met any applicable prerequisites.
2.7. Certifies that it will not receive full compensation for the direct education costs of the Courses from any public or private agency, individual or group.
3. AGENCY Responsibilities.
3.1. Shall provide instructors for the courses. The instructors directly teaching in the classroom shall at all times during this agreement meet the minimum qualifications established by District for its faculty teaching the same curriculum, as specified in Attachment C to this agreement. Instructors shall not be considered adjunct faculty for the DISTRICT and shall not be entitled to any of the benefits to which adjunct faculty are entitled. Each Instructor furnished by the AGENCY shall execute an individual written contract with the DISTRICT as provided in Attachment D to this Agreement.
3.2. Shall offer courses in facilities that are: appropriate to the needs of specific programs and the District’s standards; open to the general public; meet the requirements for state and local safety and health regulation; and suitable for the courses offered and the number of students in attendance (at least 110% of the expected number of AGENCY’s employees to be enrolled).
3.3. Shall develop course offerings with respective colleges at least four weeks in advance of course start date to provide the necessary time to publicize each course for open enrollment properly (At least 30 days, as delineated in section 2.5).
3.4. Two weeks prior to open registration, AGENCY shall provide DISTRICT with a list of its employees to be enrolled in each course. AGENCY will work diligently with DISTRICT to ensure all listed employees are enrolled as Students in each course.
3.5. Shall provide equipment, supplies, and materials as required for the courses.
3.6. Shall provide instruction, supervision, and evaluation of students in accordance with policies, procedures, and accreditation requirements of the DISTRICT. Instructors must provide the supervision and control necessary for the protection of the health and safety of students and may not have any other assigned duty during the instructional activity. As a general rule, Instructors must be physically present in the classroom or lab or within line-of-sight of the students.
3.7. Shall provide students ancillary and support services including, but not limited to, counseling and guidance, assessment and placement assistance, and tutoring. #3..
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YCCD-ISA (2018) Page 3
3.8. Shall cooperate with the respective college to ensure that all Instructors, equipment, and materials used in carrying out its responsibilities under this Agreement conform to the California Education Code and California Code of Regulations Title 5 mandated standards governing instructional programs.
3.9. Because AGENCY is teaching college courses, the federal Family Educational Rights and Privacy Act of 1974 applies, and AGENCY is required to comply with it concerning the Students in the Courses.
AGENCY shall not provide student roster lists or any educational records such as grades or Social Security numbers of Students to any person unless the Student expressly authorizes DISTRICT to disclose such information.
3.10. Shall advise each Instructor, before teaching any course covered by this Agreement, about the requirements of this Agreement, particularly those set forth in Paragraph 3.9.
3.11. Record-Keeping and Grading.
3.11.1. All course participants must be enrolled as students of the college. No student shall be permitted to participate in course activities until enrolled in the specific course. All students must be enrolled prior to the class session. AGENCY Instructors shall provide students with the course’s Access Code and instruct them to add the course online prior to commencing course activities.
3.11.2. Course and Student records shall be available for review at all times by DISTRICT officials, subject to the limitations of the Public Records Act.
3.11.3. AGENCY Instructors shall maintain records of student attendance, participation, and achievement, including student learning outcomes and course grades. Specifically:
3.11.3.1. Drop “No-Shows.” AGENCY Instructors shall use the DISTRICT’s “Dropping Students” link in PiratesNet to drop any Student who does not attend the first class session.
3.11.3.2. Drop Students Not Participating at Census and Certify Rosters. AGENCY Instructors shall also use the “Dropping Students” link to drop Students who are no longer participating in class activities as of the specific “census” date established for each section, approximately 20% of the course’s duration, as emailed to the Instructor via the DISTRICT’s system. AGENCY Instructors shall carefully examine the entire roster prior to “census” date, ensure that every listed Student is participating and that every attending Student is enrolled.
AGENCY Instructors shall certify the course roster, attesting to its accuracy and thoroughness. Only those Students on the certified roster may earn credit for the course.
3.11.3.3. Drop Students No Longer Participating. By the date set by DISTRICT, approximately 75% of the course’s duration, and as emailed by the DISTRICT’s system, AGENCY Instructors shall drop students no longer participating in course activities, ensuring they receive a “W” or “withdrawal” on their transcript instead of a letter grade.
3.11.3.4. Assess SLOs. AGENCY Instructors shall determine whether each student has met the course’s Student Learning Outcomes (SLOs) and provide those results to the respective college.
3.11.3.5. Determine Course Grades. AGENCY Instructors shall determine a course grade for each student according to the standards of the DISTRICT.
3.11.3.6. Submit Positive Attendance Hours. Classes scheduled for less than five sessions or scheduled irregularly from week to week utilize positive attendance #3..
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YCCD-ISA (2018) Page 4
accounting. For such classes, AGENCY Instructors will precisely and thoroughly record the attendance of each student and report those to the College Admissions and Records Office.
3.11.4. AGENCY shall return to the respective college, within seven (7) days after completion of each course, attendance records, methodology for determining grades, results of SLO assessments, and final grades for each student on the certified roster.
3.12. AGENCY certifies that it will not receive full compensation for the instructional activity to be conducted under this Agreement from any public or private agency, individual, or group.
4. Evaluation of Curriculum, Coursework and Instruction.
4.1. The courses shall be approved by the College’s Curriculum Committee, the District’s Board of Trustees, and, as necessary, the State Chancellor’s Office and shall be described in a Course Outline of Record.
4.2. College shall evaluate the curriculum, coursework, and instructional services on an ongoing basis to assure that they each meet the criteria for receiving College credit. All curriculum, coursework, and instruction are under the immediate supervision and control of the College.
5. Billing and Payments.
5.1. Tuition and Fees
5.1.1. Payment of enrollment fees for students not employed by AGENCY is the responsibility of each student.
5.1.2. Enrollment fees for Modesto-Stanislaus Consolidated-Turlock Fire Department employees (known collectively as MST) shall be waived. For employees not represented by MST, enrollment fees shall be assessed to students at the current rate for California residents and non-resident students per college standard policies and procedures
5.1.3. DISTRICT will waive student health fees for employees of AGENCY enrolling only in courses pursuant to this Instructional Service Agreement.
5.1.4. AGENCY shall prearrange with DISTRICT at the time of scheduling each course whether to pay enrollment fees for employees or direct them to pay their fees.
5.1.5. If AGENCY is paying employees’ fees:
5.1.5.1. DISTRICT will invoice the AGENCY for the cost of all appropriate fees for AGENCY’s enrolled employees, including enrollment fee per unit of credit (at nonresident tuition rate if applicable), materials fees, and other enrollment fees authorized by DISTRICT.
5.1.5.2. AGENCY shall pay DISTRICT for employees’ fees upon submission of valid invoices within 45 days after the end of each semester.
5.1.6. Materials Fees. If a Course has an approved materials fee, students must receive the specified instructional materials in exchange for their fees. AGENCY and DISTRICT will determine in advance which organization will provide these materials.
5.1.6.1. If DISTRICT provides materials, it will do so directly using its collected fees.
A. If the AGENCY provides the materials, AGENCY will invoice DISTRICT for the actual cost of approved instructional materials for all enrolled students, up to the maximum per-student approved value.
DISTRICT shall pay AGENCY for these materials upon submission of valid invoices within 45 days after #3..
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YCCD-ISA (2018) Page 5
the end of each semester.
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YCCD-ISA (2018) Page 6
Payment for Facilities and Instructional Services
5.1.7. The courses offered under this Agreement are deemed to be in-service and therefore require attendance reporting using the actual student contact hours of attendance procedure.
Attendance hours are defined as those hours that are reported by DISTRICT on the form CCFS 320, California Community Colleges Apportionment Attendance Reports, and are subject to audit by DISTRICT's independent auditor and the California Community Colleges Chancellor's Office or its representatives.
5.1.8. For the duration of this agreement, DISTRICT shall reimburse AGENCY 40% of total FTES revenue (apportionment) if total student attendance hours generated are less than or equal to 100,000 contact hours per academic year. Should student total attendance exceed 100,000 hours AGENCY shall be reimbursed at 50% of total FTES revenue for all hours generated.
5.1.9. DISTRICT will calculate compensation and provide a breakdown to the AGENCY within 45 days of the end of each semester.
5.2. Prohibition of other fees. Under no circumstances may the AGENCY charge students any fees above and beyond the enrollment fee authorized by Education Code section 76300, and/or any other fees not specifically authorized by law. (Title 5, California Code of Regulations, Section 51012)
6. Termination. Either party may terminate this Agreement by giving a thirty (30) day written notice of intent to terminate to the other party. Termination will not be effective until all the courses in process on the date the notice is given have been completed.
7. Indemnification. AGENCY shall defend, indemnify, and hold harmless DISTRICT, its Board of Trustees, officers, officials, agents, employees, and volunteers from and against all liability, claims, demands, damages, losses, and expenses (including but not limited to reasonable attorney fees and court costs) arising from the negligence, errors, mistakes, omissions, work or service of the AGENCY, its officers, agents, employees, or any tier of AGENCY subcontractors, if used, in the performance of this agreement. It is further agreed and understood that this indemnification provision shall survive the termination of this agreement and that the insurance requirements of this agreement shall not be construed as limiting the scope of this indemnification.
8. Insurance. AGENCY shall maintain during the term of this agreement insurance policies for the coverages specified below issued by companies licensed in California with a current A.M. Best rating of A: VII or better.
Before providing Services, AGENCY shall furnish DISTRICT with certificates of insurance and endorsements evidencing the coverages, conditions, and limits required by this agreement at the following address:
Yosemite Community College District
Vice Chancellor of Fiscal Services
2201 Blue Gum Ave.
Modesto, CA 95358
The following coverage is required:
8.1. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products, and completed operations, and contractual liability (including but not limited to, the liability assumed under the indemnification provisions of this Agreement).
8.2. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each accident with respect to the AGENCY owned, hired, and non-owned vehicles.
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YCCD-ISA (2018) Page 7
8.3. Workers’ Compensation insurance with limits and benefits statutorily required by California state law, and Employer’s Liability insurance of not less than $1,000,000 for bodily injury by accident or disease.
8.4. The insurance policies, except Workers’ Compensation, shall be endorsed to name the Yosemite Community College Districts, its officers, officials, agents, employees, and volunteers as additional insureds with the following language or its equivalent:
Yosemite Community College District, its officers, officials, agents, employees, and volunteers are hereby named as additional insureds as their interest may appear.
8.5. Waiver of Subrogation. AGENCY hereby grants to DISTRICT, its board of trustees, employees, volunteers, and agents a waiver of any right to subrogation which AGENCY, or any insurer of said AGENCY may acquire against the DISTRICT, its board of trustees, officials, employees, volunteers, and agents by virtue of the payment of any loss or claim in connection to this agreement. AGENCY shall obtain any endorsement that may be necessary to affect this waiver of subrogation from its insurer, but this provision applies regardless of whether or not the DISTRICT, its board of trustees, officials, employees, volunteers, and agents have received a waiver of subrogation endorsement from the insurer.
8.6. AGENCY Insurance to be Primary. For any claims related to this agreement, the AGENCY’s insurance coverage shall be primary insurance coverage, at least as broad as coverage provided by ISO CG 20 01, as respects the DISTRICT, its board of trustees, officials, employees, volunteers, and agents. Any insurance or self-insurance maintained by the DISTRICT, its board of trustees, officials, employees, volunteers, and agents shall be in excess of the AGENCY’s insurance and shall not contribute with it with respect to losses or claims in connection to this Agreement.
8.7. If any insurance policies are written on a “claims made” basis, the policy effective date shall precede the effective date of this agreement, and coverage shall extend for two years past completion and acceptance of the AGENCY’s work or services or the policy shall be endorsed to contain an extended reporting period of no less than two years for the filing of claims in connection to this Agreement.
Compliance with this section shall be evidenced by annual certificates of insurance or copies of the extended reporting period endorsement(s).
8.8. The insurance policies shall be endorsed, stating they shall not expire, be canceled, suspended, voided, or materially changed without 30 days written notice by certified mail to District Risk Management.
8.9. If any part of this Agreement is subcontracted, these insurance requirements also apply to all subcontractors.
9. Nondiscrimination/ADA.
9.1. AGENCY shall not illegally discriminate in either the provision of services, or in employment, against any person because of sex, race, disability, national origin, veteran’s status, sexual preference or religion. AGENCY agrees to comply with all applicable federal and state laws, rules, regulations, and executive orders relating to non-discrimination, affirmative action, and equal employment opportunity.
9.2. AGENCY’s services and facilities shall comply with all applicable laws, including the Americans with Disabilities Act, relating to persons with disabilities.
10. Governing Law. This Agreement shall be governed by the laws of the State of California.
11. Funds Unavailable. DISTRICT may terminate this Agreement in future fiscal years if funds become unavailable for the programs that this Agreement supports.
12. Amendment. The parties may amend this Agreement only through a written amendment signed by representatives of each party who are authorized to sign contracts. #3..
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YCCD-ISA (2018) Page 8
13. Use of District/College Logo or Name. AGENCY may only use District’s or the College’s name or logo for the Courses subject to this Agreement and only with the prior written approval of DISTRICT.
14. Professionalism.
14.1. AGENCY, at all times during this Agreement, shall provide the services under this Agreement within the highest standards of its profession.
14.2. AGENCY shall provide notice immediately to the DISTRICT of any change in any license or certification required to perform the services. By signing this Agreement, AGENCY certifies that, at all times, it shall maintain all applicable licenses or certifications.
14.3. AGENCY certifies and warrants that the services it provides under this Agreement comply with all applicable laws, regulations, and policies and with this Agreement.
15. Independent Contractor Certification. By signing this Agreement, AGENCY certifies that it is an independent contractor. AGENCY’s employees or contractors shall not, at any time, be employees or contractors of the DISTRICT, except for the Instructor on the limited basis provided in Attachment D.
AGENCY shall be solely responsible for paying all applicable taxes and other governmental charges relating to its employees and contractors.
16. Billing inquiries are to be directed to the CTE Division Office @ phone (209) 575-6332 and/or [email protected]
17. DISTRICT payments shall be made payable to AGENCY and mailed to:
City of Modesto Fire Department
Attention: Fire Finance
600 11th Street
Modesto, CA 95354
ARTICLE IV - NOTICE
18. AGENCY and DISTRICT will designate a contact person for this program. AGENCY's contact person shall be the Modesto Chief Officer assigned to oversee the Regional Fire Training Center. The DISTRICT's contact person shall be the Dean assigned to oversee the School of Public Safety at Modesto Junior College.
19. All written notices, reports, and other written communications under this Agreement shall be deemed effective upon their deposit in the United States Mail, postage prepaid and addressed to the respective named representatives, or his/her designee, as follows:
19.1. Correspondence to DISTRICT: Pedro Mendez, Dean
School of Public Safety
435 College Avenue
Modesto, CA 95350
Email: [email protected]
19.2. Correspondence to DISTRICT: Deputy Chief Chris Jelinek Modesto Fire Department
600 11th Street
Modesto, CA 95354
Email: [email protected]
IN WITNESS WHEREOF, authorized representatives of the parties hereto have executed this Instructional Service Agreement on the date specified with their signatures below. #3..
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YCCD-ISA (2018) Page 9
YOSEMITE COMMUNITY COLLEGE DISTRICT
By:
(Signature of person authorized to execute Agreement.)
Name: Trevor Stewardt
Title: Vice Chancellor, YCCD
Date:
Email: [email protected]
AGENCY
By:_______________________________________
(Signature of person authorized to execute Agreement.)
Name:
Title:
Date: __________________
Email: __________________
Recommended By:
Signature:
(Signature recommends approval of Agreement.)
Name: Dr. Chad Redwing
Title: President of Modesto Junior College
Phone No.: 209-575-6067
Email: [email protected]
Signature:
(Signature recommends approval of Agreement.)
Name: Dr. Brian Sanders
Title: Vice President of Instruction, Modesto Junior College Phone No.: 209-575-6056
Email: [email protected]
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INSTRUCTIONAL SERVICE AGREEMENT
ATTACHMENT C
MINIMUM QUALIFICATIONS
YCCD-ISA ATTACHMENT C (2018) Page C-1
Instructors directly teaching in the classroom shall meet the Minimum Qualifications listed herein:
[INSERT MINIMUM QUALIFICATIONS FROM MOST RECENT VERSION as posted on http://extranet.cccco.edu/Divisions/AcademicAffairs/EducationalProgramsandProfessionalDevelopment/MinimumQ ualifications.aspx. Insert screenshot or page extract showing date. Example below.] #3..
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INSTRUCTIONAL SERVICE AGREEMENT
ATTACHMENT E
ISA CHECKLIST
YCCD-ISA ATTACHMENT C (2018) Page C-1
YOSEMITE COMMUNITY COLLEGE DISTRICT
2201 Blue Gum Ave, Modesto, CA 95358
INSTRUCTIONAL SERVICE AGREEMENT
INSTRUCTOR AGREEMENT
This Instructional Service Agreement Instructor Agreement (hereinafter “Agreement”) is made and entered into the day of , (hereinafter “Effective Date”) by the Yosemite Community College District (hereinafter “DISTRICT”) and INSERT ISA INSTRUCTOR NAME (hereinafter “ISA Instructor”) an employee of INSERT CONTRACTOR NAME (hereinafter “AGENCY”) who is being assigned to the DISTRICT on a part-time basis pursuant to Title 5, California Code of Regulations, Sections 58058(b), and shall be an employee of the DISTRICT on a limited basis during this part-time assignment pursuant to this Agreement.
RECITALS
WHEREAS, the DISTRICT has conducted a job market study of the labor market area, and has determined that the results justify the proposed vocational education program (Education Code section 78015); the degree and/or certificate program has been approved by the State Chancellor’s Office; the courses have been approved by the College’s curriculum committee as meeting Title 5 course standards; and WHEREAS, the DISTRCT needs supervisory and instructional services with regard to instruction for classes offered by the DISTRICT in cooperation with the AGENCY, subject to the terms and conditions set forth in the separate Instructional Service Agreement between the AGENCY and the DISTRICT; and WHEREAS, the AGENCY has the experience, training, equipment and other resources, and qualified staff necessary to provide training and instruction in the area of firefighting, rescue, emergency medical services, emergency management, hazardous materials, emergency vehicle operation, hazard mitigation, natural and manmade disaster response, and public safety leadership and management to District students. Such training will be structured and designed to qualify District students for job opportunities in the field of Firefighting, Rescue, and Emergency Medical Services,
WHEREAS, the ISA Instructor agrees to be assigned to the DISTRICT as an at-will and uncompensated temporary academic employee of the DISTRICT to competently provide executive services with regard to supervision and/or instruction for classes offered by the DISTRICT in cooperation with the AGENCY; and, WHEREAS, the authority for this Agreement includes Title 5, California Code of Regulations, Section 58058(b).
NOW, THEREFORE, the parties to this Agreement hereby agree as follows:
1. The ISA Instructor is an employee of the AGENCY who shall meet “Minimum Qualifications” for the academic position of "Instructor of Fire Technology" as established by the District and as determined by the District.
The Instructor’s resume, demonstrating how the Instructor has met these minimum qualifications, is attached hereto as Exhibit A.
2. The ISA Instructor will provide: Training and instruction in the area of firefighting, rescue, emergency medical services, emergency management, hazardous materials, emergency vehicle operation, hazard mitigation, natural and man-made disaster response, and public safety leadership and management.
3. The ISA Instructor is professionally trained and competent to provide the instructional services required by the District.
4. While the ISA Instructor is performing the required instructional services for the District, the ISA Instructor shall be under the direct control and direction of the District and shall be an at-will and uncompensated #3..
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YCCD-ISA (2018) Page 2
temporary academic employee of the District. The District retains the sole right to select, assign, evaluate, discipline and terminate the ISA Instructor at any time as related solely to the position of the ISA Instructor for the District as described herein.
5. The ISA Instructor shall at all times comply with the instructional requirements outlined in Title 5, California Code of Regulations, Sections 58055-58056, which require direct instruction by the ISA Instructor except in limited circumstances. The ISA Instructor’s responsibilities and duties as an employee of the District shall include, but are not limited to, the following:
5.1. Ensure that training time is expended in full compliance with the course objectives determined by the District.
5.2. Ensure the safety and well-being of students.
5.3. Ensure he/she is in sufficient physical proximity and range of communication to provide line-of-sight instructional supervision and control of all students in the ISA Instructor’s classes.
5.4. Ensure that he/she does not have any other assigned duties during the instructional activity for which attendance is being claimed.
5.5. Ensure the proper coordination of the delivery of instruction.
5.6. Ensure the effective use of instructional methods, technology, testing, and remediation.
5.7. Ensure the proper and timely assignment, scheduling, and notification of facilitators.
5.8. Ensure the complete, accurate, and timely evaluation of facilitators.
5.9. Ensure regular attendance at periodic meetings with District employees, e.g. Division Dean, faculty member, Vice President of Instruction.
5.10. Prepare, submit to the Division Dean for approval, and distribute to students a Course Syllabus for each class specifying, at a minimum:
5.10.1. Course Catalog Description as listed on the Course Outline of Record.
5.10.2. Units of Credit.
5.10.3. Days and times of class meeting, as set by the College.
5.10.4. Instructor contact information.
5.10.5. Expected Student Learning Outcomes as listed on the Course Outline of Record.
5.10.6. Course assignments, activities, and/or examinations.
5.10.7. Methods by which course grades will be determined, in keeping with College standards.
5.10.8. Tentative schedule of content coverage, assignments, activities, and examinations.
5.11. Ensure that all handouts prepared or utilized by facilitators are appropriate prior to submitting them to the Division Dean for approval.
5.12. Ensure thorough record-keeping and grading.
5.12.1. All Course participants must be enrolled as student of the college. No student shall be permitted to participate in course activities until enrolled in the specific course. All students must be enrolled prior to the class session. AGENCY Instructors shall provide students with #3..
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YCCD-ISA (2018) Page 3
the course’s Access Code and instruct them to add the course online prior to commencing course activities.
5.12.2. Course and Student records shall be available for review at all times by college officials.
5.12.3. AGENCY Instructors shall maintain records of student attendance, participation, and achievement, including student learning outcomes and course grades. Specifically:
5.12.3.1. Drop “No-Shows.” AGENCY Instructors shall use the DISTRICT’s “Dropping Students” link in PiratesNet to drop any student who does not attend the first class session.
5.12.3.2. Drop Students Not Participating at Census and Certify Rosters. AGENCY Instructors shall also use the “Dropping Students” link to drop students who are no longer participating in class activities as of the specific “census” date established for each section, approximately 20% of course’s duration. AGENCY Instructors shall carefully examine entire roster prior to “census” date, ensure that every listed student is participating and that every attending student is enrolled. AGENCY Instructors shall certify the course roster, attesting to its accuracy and thoroughness. Only those students on the certified roster may earn credit for the course.
5.12.3.3. Drop Students No Longer Participating. By the date set by DISTRICT, approximately 75% of course’s duration, AGENCY Instructors shall drop students no longer participating in course activities, ensuring they receive a “W” or “withdrawal” on their transcript instead of a letter grade.
5.12.3.4. Assess SLOs. AGENCY Instructors shall determine whether each student has met the course’s Student Learning Outcomes (SLOs) and provide those results to the DISTRICT.
5.12.3.5. Determine Course Grades. AGENCY Instructors shall determine a course grade for each Student according to standards of District.
5.12.3.6. Submit Positive Attendance Hours. Classes scheduled less than five sessions or scheduled irregularly from week to week utilize Positive Attendance accounting. For such classes, AGENCY Instructors will precisely and thoroughly record the attendance of each student and report those to the College Admissions and Records Office.
5.12.4. Instructor shall return to the College, within seven (7) days after completion of each Course, attendance records, methodology for determining grades, results of SLO assessments, and final grades for each Student on the certified roster.
5.13. Be familiar with and comply with all relevant District policies, rules, and regulations, including but not limited to those related to student safety, grading, attendance, sexual harassment, and discrimination.
5.14. Be familiar with and comply with the federal Family Educational Rights and Privacy Act of 1974 concerning the Students in the Courses. Instructor shall not provide student roster lists or any educational records such as grades or Social Security numbers of Students to any person unless the Student expressly authorizes College to disclose such information.
6. The District shall provide no compensation to the ISA Instructor for any services rendered pursuant to this Agreement, but compensation, as well as workers’ compensation insurance, shall be provided by the AGENCY in accordance with its established and standard practices. #3..
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YCCD-ISA (2018) Page 4
7. For purposes of indemnification and defense of any claims, actions or lawsuits, the ISA Instructor shall be considered an employee of the District only during those times when he/she is actually performing on behalf of the District the responsibilities and duties listed in this Agreement at the work place assigned by the District.
8. The term of this Agreement shall be for the period of the Effective Date through DATE.
9. This Agreement may be terminated at any time by the District within the sole and exclusive discretion of the District upon written notice to the ISA Instructor. This Agreement may be terminated upon thirty (30) days’ prior written notice to District by the ISA Instructor within ISA Instructor’s sole and exclusive discretion.
IN WITNESS WHEREOF, the parties enter into this Instructional Service Agreement Instructor Agreement as of the date first written above.
YOSEMITE COMMUNITY COLLEGE DISTRICT
By:
(Signature of person authorized to execute Contract.)
Name:
Title:
Date:
Email:
ISA INSTRUCTOR
By:
(Signature of AGENCY’s employee serving as Instructor.) Name:
Title:
Date:
Email:
Phone:
Approved by YCCD Human Resources
By:
Name:
Title:
Date:
by and data entered by Human Resources
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 18, 2023
Date: July 19, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Culture Commission City Bird Nomination
CONTACT: Ashley Weaver, Recreation and Neighborhoods Manager, [email protected], 209-577-5428
DESCRIPTION:
Consider the Culture Commission’s nomination to make the Yellow-Billed Magpie the official City bird of Modesto and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. The Commission also promotes the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area.
On May 4, 2022, the Culture Commission considered a proposal from Salvatore Salerno, a representative from the Stanislaus Audubon Society (SAS). The proposal requested that the yellow-billed magpie be recognized as the official City Bird of Modesto. On February 1, 2023, the Culture Commission finalized their 2023 Goals and Objectives and listed the City Bird Nomination as their top priority. On April 5, 2023, the Commission further reviewed the SAS proposal and unanimously decided to nominate the yellow-billed magpie as the official City Bird of Modesto and forward to Council for approval.
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CU CO
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Safety and Communities Committee, September 18, 2023
Culture Commission City Bird Nomination
DISCUSSION:
The SAS proposal to make the yellow-billed magpie the official City Bird cited several reasons for the nomination. In October, 2021, the SAS conducted a social media poll to obtain community input on the local bird species to serve as the City Bird. The yellow-billed magpie received 42.5% of the vote and the California Scrub Jay, Red-Shouldered Hawk and Acorn Woodpecker received
25.3%, 24% and 8.2% respectively. The yellow-billed magpie is an endemic species, with its entire population found only in the San Joaquin Valley and foothills. Birders and bird lovers alike find the yellow-billed magpies to be beautiful birds with iridescent colors of black, blue set against white. Lastly, the current Parks, Recreation and Neighborhoods Department’s mascots, Mac and Maggie, are yellow-billed magpies.
The Commission reviewed and vetted the SAS proposal and nominated the yellow-billed magpie as the official City bird of Modesto.
The establishment of the yellow-billed magpie as the official City Bird of Modesto creates new terrain for the City. Prospects include new City marketing and branding imagery, education opportunities on the yellow-billed magpie and other animals native to the area, and most importantly, showing the community that they can make change and create a positive impact with their passions.
FISCAL IMPACT:
This item has no immediate fiscal impact.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Culture Commission’s nomination to make the Yellow-Billed Magpie the official City bird of Modesto and forwarding to Council for approval.
Approved by:
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. Picture of Yellow-Billed Magpie
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