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INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
On -Service Tralning)
?p This Agreement is hereby entered into between the San Diego Community College
District, Mussmr College, 10440 Black Moorman Road, San Diego, Colifomia 92126,
`O hereinafter reformed to as "Distrix,' and the City of Fresno, a California municipal corporation,
u a 2400 Fresno Street Fresno, CA 93721, hereinafter referred to am"Agency."
RECITALS
WHEREAS, District is authm;zed by Section 53060 of the California Government Code
to contract with and employ any persons for the fimushing of special services and advice, ifsuch
persons are spenally trained and experienced ori competent to perform the speciai services
mattered; and
WHEREAS, District is In need of such special services expertise and instruction by
contract with Agency; and
WHEREAS, Agency has personnel in its Fre Department ("FFD") who meet the District
minimum or equivalent qualifications for part-time Fire Technology Instructors purr usnl to
conhaet in accordance with the provisions of Title 5 of Be California Code of Regulations
Section 59058, subdivision (b); and
WHEREAS, District is authonzed by Saxon 70902 of the Education Code to establish
and approve courses of instruction and educatioml progtmns; and
WHEREAS, District has comprehensive educational programs including programs
pe mixing to fire txhaology; and
WHEREAS. District wishes to maintain and expand such pmgmms:
NOW, THEREFORE, fee pumice agree as follows:
I. RECITALS. The above R xbals are inenryomted in full into me terns of this
agreement.
_. SCOPEOFWORK.
Agency agrees to provide Ulanict instruction subject to the primary right
of District to control and direct the activities of all persons famished by
Agency during the term of the Contract, and subject to the requirement
dot District shall enter into a written contract with each person famished
by Agency specifying the terms and conditions of me work to be
performed for District, including salary and other compereation, aware of
work to be performed, and employment classification. Agencys Scepe. of
Work is further defined in Attachment A which is attached hereto and
mcorpomtdt herein by this rcference.
INTER -AGENCY rvu RUCTIONAL SERVICES AGREEMENT
3. TERM.
Agency Shall commence providing services under this Agreement on July 2,
201 O, and will diligently perform as required Or a period of Five Years been the
date this Agreement is signed by bolt parries.
4. COMPENSATION.
FFD shall be paid a F of $2.75 (two dollars, Seventy five count per student
contact hour for 91 services, technics, materials and equipment it supplies.
Agency shall reinvest the above paid .set fens back into the Modest tmirdng
program for all services, f vilideS, materials and equipment it supplies.
Agency shall invoice the District quarterly, supplying any and ell dru ummantion
as may reasonably be requested by District substantiating to the Disvict student
contact hours during Ne quarter.
5. TUITION AND ENROLLMENT FEES ASSOCIATED WITH COURSE
WORK.
ANICY Shall NY m District all tuition and eruotlmem f associated with worse
work undertaken by Agency Immuctors. The Agency will be exempt fiom
Student Accident Insurance Fees. Student Health Fees, and Student
Represrnmtion Fes.
6. EXPENSES.
Unless otherwise mutually agreed in writing, District shell not be liable to Agency
for any mats or expenses Fund or incunM by Agency in performing services for
Distinct pursuant to this Agement.
7. FACILITIES.
Agency and District agme Nat Ne unaware Shell be held at fnclides Nat are
clearly identified as being opm N the general public in accordance with Title 5 of
Me California Code of Regulations Section 58051.5.
8. OPEN ENROLLMHNT.
District and FFD agree that enrollment in Ne courses must he open to any person
who has been admitted m the College and has met my applicable prerequisites in
accordance with Title 5 Of Ne California Code of Regulations; Swans 51006 and
59106. District and FFD shall abide by Ne Dismas policy on open enrollment
Published in the District's college mmlog and schedule of classes along with a
IWER AGENCY INSTRUCTIONAL SERVICES AGAEEWW
description of the course and ratiocination about whether the course is ofiesed for
credit and is trans£ able in accordance with Title 5 of the California Code of
Regulations Section 55005.
9. SUPPORT SERVICES FOR STUDENTS.
FFD and District shall take all reasonable and necessary steps to insure that
ancillary and support services are provided for all students as described in
Attachment A.
10. WDEPENDENT CONTRACTOR.
Agency, in the performance of this Agreement, shell be and shall act ae an
independent Contractor. Agency understands and agrees that au of its employees
shall not be considered offices, employees or agents of the District, and are not
entitled to benefits of any kind or nature normally provided employees of the
District or to which District's enployees one annually entitled, including, but not
limited to, State Unemployment Compermation or Worker's Compensation.
Agency assumes the fall responsibility Mr the arts Radler omsssionns of its
employees, instructors, or agents as they relme b the smites to be provided
under this Agreement. Nothing in this Agreement shell give the Agency authority
with respect to any District decision beyond the rendition of iaforrnation, advice,
recommendation, or counsel except as otherwise provided herein. Agency is not
authorized b make any reyreuntatlom contract or min itrnent on behalf of
District The foregoing nolwitlufandiog, pursuant to Title 5 of the California
Code of Regulations, Sermon 58058, subdivision (b), the District is contracting
with Agency for instrument to be provided by agency. Thercfore, this Contract
hereby specifies that the District has the primary right to control and direct the
activities of the persons banished by FFD during the tam of this Contract. In
addition, the District shall enter into a winner contract with each Agency
iretructor in accordance with Title 5 of the California Cade of Regulations.
Section 58058, subdivision (b), but as provided therein the unanchor shall
continue to be an enployes of Agency, and as such Agency shall retain all
liabilities and employment responsibilities associated with such instructors.
H. TAXES.
Agency acknowledges and agrees that it is the role responsibility of Agency to
make the requisite ran filings and peymmt to the appropuete federate state or local
lax authorities. No part of Agency's compensation dual he subject an withholding
by District for the payment of social security, unemployment, or disability
msumvice or any other similar state or federal tax obligation
WEER -AGENCY WSTRUMONAL SERVICES AGREEMEM
11 MATERI ,
Agency shall hoorah, at its own expense, all labor, materials, equipmem. supplies
and other items necessary to complete the services to be provided pursuant to this
Agreement, except as expressly agreed otherwise in writing and herein.
13. CONFIDENTIALITY AND USE OF MFORMATION.
(a) Except as required by law. Agency shall hold in time for the District, and
shall not disclose la my person, any confidential information.
Confidential information is infn-matim which is related to the District's
research, developmed, We secrets; business affairs, student records and
my other materials the District is required to maintain as confidential; but
docs not include information which is generally kvowv or easily
asceneimble by mirpartim through available public documenumon.
(b) Agency shall advise District of any and all materials used, o
recommended for use by Agency in achieve the intructlotul goals, that
are subject to my copyright restrictions or requirements. In the event
Agency shall Fvl to so advise District and, as a result of the use of any
programs ormaterials developed or mid by Agency under this
Agreement, District should he found in violation of my copyright
miction or requirements, or District ahould be alleged to he in vialmion
of my copyright restriction or requirements, Agency agrees to indemnify,
defend and hold hamless, District against any action or claim brought by
thecopyrightholder.
14. AUDIT AND ]INSPECTION OF RECORDS.
Except as otherwise expressly provided herein at my time during the normal
business hours and as often as District may deem necessary, Agency shall make
vadable to District for examination at District's primary administrative offices,
all data, records, investigation reports and all other materials relatul to matters
coveted by this Agreement, and Agency will permit me Drainer to audit. and to
make audits of At invoices, materials, paymlls, records of personnel and other
data related to ell matters covered by this Agreement.
15. WORKS FOR HMR COPYRIOHT/IRADEMARK/PATENT.
Agency understands and agrees that ml matters produced under this Agreement
for use in District courses shall be works for him and shall become the sale
property, of District and cannot be used without Maine's express warn
permission, Diatom shall have all right, title and interest in said matters,
including the right to secure and maintain the copyright comemmk mdlor patent
IMER-AGENCY M5IAOL7IONAL SERVICES AGREEMEM
of said matter N the name of the District. Agency emvsants in use of Agency's
time in conjunction with the side, use, performance and distribution of the
matters, for any. purpose mil in any median.
16. INSURANCE.
Agency may, with prior woman mtsrnt of Dismcq fulfill sine or all of the
insurance requirements contained in this. Agreement under a plan of self
inatrasom Agency's utilization of self-insurance shall not in my way limit
liabilities assumed by Agency order the Agreement.
17. WORKERS COMPENSATION WSORANCE.
Agency may, with prior written consent of District, fulfill some or all of the
wance tadumments contained is this Agreement undo a plan of self-
insurance. Agency's utilization of self-insurance shall not in any way limit
liabilities assumed by Agency under the Agreement.
18. HAZARDOUS MATERIALS.
Agency shall comply with all Environmental Laws and all other laws, rules,
regulations, and teluiremrnts regarding Hazardous Materials, health and safety,
notices, and treirm& Agency agrees Nat it will not store my Heaardous
Materials at my District Facility without prior approval of Morin Administrator
of Agreement or in violation of the applicable site storage limitations imposed by
Environmental Law. Agency agrees to lake, at its expense, of action necessary to
protect third ponies, including, without limitation, employees, students, and
agents of the District from my exposure to Hazardous Materials genemed or
utilized in its perfetmance ender this Agreement Agency agrees to ripen to the
appropriate governmental agencies all discharges, releass, and spills of
Hazardous Materials that are required to be repented by my Environmental Law
and to immediately runty the District of it. As used in this section, the tin
"Envommtental Laws" means any and all federal, state or local laws o
ordinances, rules, decrees, orders, regulations or court decisions (including the so-
called "common law"), including, but not limited to, the Resource Conservation
and Recovery Act, relating to hazardous substances, hazardous materials,
hiciarmus waste, toxic substances, mviromv®tad conditions or other simibm
substances or conditions. As used in this section the term "Haemdoms Materials"
means any chemical, compound, minimal, substance or. other manor that (a) is a
flammable, explosive, amesma radioactive nuclear medicine, vaccine, bacteria
um, haommus wan, toxic, overly injurious or potentially injurious material,
whether injurious or potentially injumus by itself or in combination with other
materials; bo is controlled, mounted to, designated in or governed by my
Environmental Laws; (c) gives rise to my reponin& non¢ or publication
requirements under my Enviromnmtal laws, or (d) is my other material or
fl E AGENCY WSTRUCIIGNAL SERVICES AGREEW..W
substance giving rise to any liability, respmeaddlity or duty upon the Agency or
District with respect to any third person trader any Envvonmmtal laws.
19. ASSIGNMENT.
The obligations of the Agency pursuant to this Agreement shall not be assigned
by the Agency.
20. DISTRICT'S RESPONSIBILITIES.
District agrees to uadertnke responsibilities with respect to Agency's smites and
Scope of Work during the term of the Agreement in accordwa with Adachmat
B which is anachol hereto ami incorporated herein by this tolerance.
21. COMPLIANCE WITH APPLICABLE LAWS.
Agency agrees to comply with ell federal state and local laws, cotes, regulations
and ordinances that are now or may in the future become applicable M Agency,
Agency's business, equipment and personnel engaged in operations coveed by
this Agreement, or occurring out ofthe performance ofsuch operations.
22. PERMffSILICENSE .
Agency Rod all Agency's employees or agents shall secure and maintam in force
such permits and licenses as are required by law m connection with Me famishing
ofvavices pursuant to Mix Agreement.
23, TERMMATION.
District or Agency may, on thirty (30) days written notice m the offer party. with
Or without reason, terminate this Agreement, and Distriu will compensate Agency
only far services satisfacE rily rendered to Me date of termination. Written notice
by either party shell be sufficient to stop further pert rmance by the other party.
Notice shall be darned given when received by Me party to whom it is addressed
or not later than five (5) days after the day of mailing, whichever is sooner.
District may terminate this Agreement for cause, upon giving of written notice of
intention to terminate for cause, mrd be relieved of any consideration to Agency
should Agency bar to perform Me covenants and services herein at Me time and in
Me mower provided Cause shall include but not be limited to: (a) material
violation of this Agreement by Me Agency; or (b) falure to maintain records and
report to District as required by this Agreement. Written notice by District of
termination for muse shall contain the reasons for such vacation to terminate, and
anthem witldn fiflan (15) days after smite of such notice Me condition or
violation shall casee, or arrangements satisfactory to District in its sole discretion
24.
INTER -AGENCY EsSTIIUCTgNAl- SERVICES AGR EM
for Ne correction thereof be made, this Agreement shall upon the expirefion of Ne
fill= (15) days cease and terminate. In the event of such termination, Ne
District may secure Ne inquired services firm another Agency or Or Say mourner
whatsoever that it deems appropriate. If the cost to the District of obtaining the
services firm another Agency or in some other manner ucads the cast of
providing Ne smces pursuant to this Agreement, Ne excess cost shall be
charged to and colle eri from Ne Agency. The foregoing provisions are in
addition to and not a limitation of any other rights or mmWies available to
Distinct. Written notice by District shall be deemal given when teccivd by the
Agency or no Iffier Nan five (5) days after Ne tiny of mailing whichever is
sooner.
A. Claims Arising Farm Sole Acts or Omissions of District
The District hereby agrees to delnM and indemnify Ne Agency, its agents,
officers and employees Manchester collectively informal in in this paragraph es
'Agency) from my claim, action at prone Wing against Agency, arising solely out
Of the acts or omissions of Dialrid in the Performance of this Agreement. At its
sole Missouri, Agency may partwilowe at its own expense in the defense of any
such claim, action or procending but such participation shell not relieve District
of any obligation imposed by Nis Agreement. Agency shall notify District
promptly of any claim, action or formatting will conpearo filly in Ne defense.
B. Claims Arising From Sole Acts or Omissions of Agency
The Agency hereby agrees to defend and indemnify the District, its agents,
Officers and employees (hereafter collectively referred to in this paragraph as
'Dismid') from any claim, action or proceeding against Distinct, arising solely out
of the acts or omissions of Agency in the performance of this Agreement At its
sole discretion, District may participate at its own expense in Ne defense of any
such claim, action or proceeding but such participation shall not relieve Agency
of any obligation imposN by this Agreement District shall notify Agency
Mortify of any claim, action or pmceWing and cooperate fully in Ne defense.
C. Claims Arising Form Concurrent Acts or Omissions
'Ibe District hereby agrees b defend itself, and the Agency hereby agrees to
defend itself, from any claim, action or proceeding arising out of the concurrent
acts or omissions of District and Agency. In such cases, District and Agency
agree to main their two legal coonsd, bear their own defense costs, and waive
Netr tight to seek reimbursement of such costs, exceln as provided in pantograph E
below.
25.
PIER -AGENCY MSTRUMONAL SERVICES AGRJEML
D. Joint Defame
Notwithstanding paragraph C above, in caves where District and Agency agree in
writing to ajoint defense, District and Agency may appoint joint defense cournel
to defend the claim, action or pondering mining out of the concurrent acts or
omissions of Agency and District. Joint defense counsel shall be selected by
mutual agreement of District and Agency. District and Agency agree to share the
dens of suchiciat defense and any agreed settlement in alual amounts, except as
provided in paragraph E below. District and Agency further agree that neither
party may bind the other to a settlement agreement without the written dirsenr of
both Distnct and Agency.
E. Reimbursement and/or Reallocation
Where a anal verdict or arbitration award allocates or determines the comparative
fault of the parties, District and Agency may seek mimburswent and/or
reallocation of defense costs, settlement payments, judgmrnts and awards,
consistent with such comparative fault.
Agency agrees met it will not engage in unlawful discrimination in employment
of persons because of race, color, religious creed, national origin, ancestry,
physical disability, mental disability, mWidd condition, marital status, sex, age,
or sexual orientation, at a perception that a pesrm has oris associated with a
person who has, or is perceived to have, any of these characteristic
26. NON -WAIVER.
ne failure of Disrnd or Agency to seek redress for violation of, or to insist upon,
the strict performance of any tam or condition of this Agreement shall not he
deemed a waiver by Nal party of such tens or condition, or prevent a subsequent
similar ad from again commuting a violation of such term or condition.
27. ADMMISTRATORS OF AGREEMENT.
This Agreement shall be arm inishared on behalf of, and any notice desired or
required to be sent to a party Instanter shall be addressed to:
For District: San Diego Community College Dislnd
Perricie Hsieh, President Miramar College
10440Black Mountain Road
San Diego, CA 92126-2999
SERVHMS AGREEMEM
For Agency: City of Fresno Fire Deparmrent
Chief Randy R. Bmegman
911 "H" Street
Fresno, CA 93721
28. ENTIRE AGREEMENT - AMENDMENTS.
This Agreement and any attachments hello comtilute the entire agreement
among the parties to it and supersede any prior o contempomnmus
understanding or ageernent with respect to the services contemplated, and may be
amended only by a written amendment executed by both parties to the
Agcement.
29. NOTICE.
All notices or demands to be given under this Ageement by either party to the
other shall be in writing and given either by: (a) peria ml service or (b) by U.S.
Man, mailed either by registered or certified mail, return receipt requested, with
postage prepaid. Service shall be considerd given what received if personally
served or if mailed on the fifth day after deposit in any U.S. Post Office. The
addmss b which notices or demands may be given by either party may he
changed by written nonce given in acmMmce with the notice provisions of this
section. At the date of this Agrmmatt, the addresses of the parties are as sen forth
above.
30. SEVERABILITY.
If any Iwm, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or wrnforceable, the moaning
Provisions will nevertheless continue in fall force and effect and shall not be
affected, impaired or invalidmd in my way.
31. SUCCESSORS.
All terns of this Contract shall be binding upon, inure to the benefit of, and be
enforceable by the Pool" hereto and their respective heirs, legal representatives,
successors, and assigns.
32. NEITHER PARTY CONSIDERED DRAFTER.
Despite the possibility that one party may have prepared the initial draft of this
Contract or played the greater mle in the physical preparation of subseryent
drafts. neither party shall be domed the drafter of this Common. In construing
this Contract in case of any claim then my provision hamfmay be ambiguous, no
INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
such provision shall be construed in favor of one party on the pound that such
provision was drafted by the other.
33. CONFLICTS OF INTEREST.
Agency presently has no interest, including but not Emited to enter projects or
independent contracts, and shall not acquire any such interest, direct or indust.
which would couBict in any manner or degree with the performance or services
required to be performed under this mouser. The Agency shall not employ any
person having any such interest in the performance ofthis Agreement.
34. GOVERNING LAW.
The terms and conditions of this Agreement shall be governed by the laws of the
State of California with venue in San Diego County. California.
35. WWARBANTY OF AUTHORITY.
Each or the parties signing this Agreement warrants to the other that he or she has
the full authority ofthe emity on behalf of which his or her signature is merle.
SAN DIEGO COMMI1N11'Y CO E
DIS COL E /
By: //
II eh, si t
Dated:
CITY OF FRESNO, A CALIFORNIA
MUNICIPAL CORPORATION
Ren�y/ RR/. Bm an: Fire Chief
Dazed: `� &//D
ATTEST:
REBECCA E. KLISCH
City Clerk
BY: it C 7/ C"t4L�F1/l L[�
Deputy -/./'.
APPROVED AS TO FORM:
JAMES C. SANCHU
City Anomay _
By:
Nancy .Algier ate
Sen' Deputy
INTER -AGENCY MSTRUCDONAL SERVICES AGREEMENT
ATTACHMENTA
INTERAGENCY INSTRUCTIONAL SERVICES AGREEMENT
SCOPE OF SERVICES
TO BE PROVIDED BY:
CITY OF FRESNO (AGENCY) FIRE DEPARTMENT (FFD)
AGENCY SCOPE OF WORK
I. Direct Supervision of Distrkt Employee: FFD may provide memoution under the dime
supervision of Dwrict employees m defined in Tide 5 of the California Code of
Regulations, Section 58058, subdivision (b). Pursuant to Section 58058, subdivision ft
each individual instructor provided by Agency will continue to be an employee of
Agency, while at the same time qualifying as m employes ofthe District.
2. Instructor Ou"fiesdoas: AB instructors provided by Agency shall meet the District's
mininnum or equivalent qualificatioro far Part-time Fire Technology Insuucrors. This
expertise is to be famished to District by Agency at Agency§ expense.
3. Agency Esuiemene Agency shall frmish Distdm any and ad specialized yuipment.
Such equipment shall be maintained by Agency in safe and suitable coreition for
instructional use.
4. Ins"ClI mal Materlala read Curriculum: FFD shall only use courses of immuction
that either have been approved by the District's Curriculum and Instruction Council or
Weaves which have been accepted as topics courses and approved by the District's Chief
Instructional Officer. FFD shall provide its own unique handouts and may provide
facilities determined in advance to be acceptable to District. FFD handouts shall not be
used for course work until approved by District.
5. Student Contact Noun: FFD shall be responsible to amount for student contact boom
and submit student contact how information to District. FFD shall only submit student
cannot homa for courses of Inswmos that have met the Dona Supervision requirements
of Section I above and the Curriculum requirements of Section 4 above.
F. No Other Funding Sources: Instructional boon, student contact boom, shall be
conducted as full Foe aluivalent stutters (FTES) under courses ehrmIdt the District's
Fire Technology Department, and FFD hereby certifies that it will not submit any student
mraw home to District which also have been or will be submitted for California Joint
Apprenticeship Committee, JPTA loading or state sponsored colleges.
IN r ER -AGENCY INMUCTIGNAL SFR V ICES AGUEM[.
7. Student Enrollment Farms and Fees: FFD will use city Distinct student enrollment
forms which shall be supplied to it by District. FFD will assure District student
mmlhnent forms are properly camplelW and District enrollment fees have been property
processed before FFD begins instruction. FFD recognizes that out -of -sore tuition fcea
will be charged for students who are not Califomis residents.
S. Student Achievement sod Attendance Ressarthe FFD shall maintain student
attendance and achievement records and shall provide such records and make them
vailmle for review by an authorized District reprammlve during normal business
hours. All such records shall be provided by FFD to District on a routine schedule as
mutually agreed to by Distnct and FFD.
9. Piamina. Coordlaedaa and Review of litsbructicareal Activities: FFD's authorized
representatives shall men with Districts authorize! representatives or their respective
designees at reasonable times and Intervals to plan, coordinate and review class hours am
fi structionai programs to assure that parga mance objectives are met, moudiales are
coordinated aM budgets are appropriate frr all instructional activities. FFD agrees that
no instructional activity, instructional supervision, evaluation of students, or withdrawal
Of a student prior to completion of a course shall he undertaken by FFD without
previously treating with District to plan, coordinate and review class hour arm
vntructional programa as provided herein.
10. List of Comets) Or Coupe Tonle: FFD will rely on the Dedrocl's comprehensive list
of all courses set forth in District's cause utmog and additional topics classes HAM by
District and approved by District in accordance with District standards fnr curriculum
adoption.
11. Different Sections of Courses: FFD shall fallow, District's procedures that insure that
FFD instructors and other timidly teaching different sections of the same course wacM1 in a
immu consistent with the District's approved oudine of record for the course. Students
in different sections of the same coupe shall be held to a comparable level Of rigor.
12. Amilary and Support Services: FFD will take all necessary steps to modure that
ancillary and support smites provided by District such " counseling, guidance, and
placement assistance are available to all students and that enrollment in courses
conducted by instructors provided by FFD is open to any person who has been admitted
to the District's colleges and has mel applicable prerequisites.
13. District Reeoonsibithies: FFD will thoroughly f ilume itself with Attachment B and
District's Responsibilities. FPD will work eoopemnvely with District and assist District
as necessary and reasonably appropdate to assure that FFD does not perform my of its
services in a manner Naz is inconsistent with Districts Responsibilities.
12
SERVICES IUEMEM
ATTACHMENT B
INTER -AGENCY MSTRUCTIONAL SERVICES AGREEMENT
RESPONSIBILITIES OF
SAN DIEGO COMMUNITY COLLEGE DISTRICT, MIRAMAR COLLEGE
(DISTRICT)
I. Job Market Study: As a prerequisite to the pert crmance of any services under this
Agreement, and before District's establishment of the vocational ce occupational training
program which is the subject of this Agreement, as Provided by the California Education
Code the District's Governing Board shall have conducted ajob market aNdy, ofthe labor
market area to determine that the results justify the pmposed vocational education
Program. (Education Code Section 78015 and following.)
2. Educational Protection rod Praaram Location: District is responsible for the
educational program that will be conducted at District Board approved off site locations.
Conduct of the educational program which is the subject of this Agreement at Agency
facilities shall be undenakem only if such facilities are determined in advance to bar
acceptable to District.
3. Sucervislon and Control: The instruction to be claimed for apportionment under this
contract shall he under the immediate supervision and coni of a District employea as
defined under Title 5 of the California Code of Regulations Section 58058, subdivision
(b) who has met the minimum qualifications for instruction in a vocational subject in a
California commwity college.
4. Instructor Who Is Not a District Employee 'Dbtri t' R WDltie : Wat
he
Agency's inswMor is not a paid employee of the District; the Dienct shall have a
winner agreement with each such instructor who is conducting instruction for which Full
Time Equivalency Students ("FTES') are to be reported. The Agreement shall state that
the District has the primary right to control and direct the instructions) activities of
Agency's instructor in accordance with Title 5 of the California Code of Regulations
Science 58058, subdivision (b).
5. OuaBOcation of loslructors: District shall list the mininomr qualifications for Agency
instructors teaching these entries. Such qualifications shall be consistent with
requirements In other similar courses given within the District.
6. Diss rIM'e Control of and Direction for Instructors: District shall provide each Agency
instructor with an orientation, instructors manual, course outlines, curriculum materials,
testing and grading procedures, and any of the other necessary materials and services that
it typically provides to its newly instructors on campus.
IMER-AGENCY WMUCTIONA SERVICES AGREEMENT
7. Courses of Instruction: Courses of Instruction we spmfied in Attachment A m this
Agreement. It is the District's responsibility to insure that the outlines of record for such
courses ere approved by the Dishin'a nunow rn committee as meeting California Code
of Regulations Title 5 course standards, and that the colmes have been approved by Dm
District Governing RoaN.
8. DWerent Seethms of Counn: District dull have procedures that iruum thu faculty,
including Agency instrrcmrs, teaching different sections of Die same creme teach in a
ewer consistent with the approved outline of ovoid for the course. Such procedures
apply to the Agency instructors and courses that are the subject of this convect, and the
students shall be held in a comparable level ofdVr.
9. Enrollment: District will advise Agency of the emoilment period, student co xamsent
fess, the number of class hours sufficient m mat the stated performance objectives,
policy regarding the.cupervision and evaluation of studems, and the procedure applicable
to the withdrawal ofstudwts prior m completion ofa course or program.
10. Obtairdim Approval of Hearse and C rtifi Pti-misrams Is DisResponsibility:
It is raluired that degree and certificate programs have been approved by the State
Chancellor's Office said courses subject m this Agreement that make up the programs
most bet part of the approved programs, or District most have meeived delegated authority
to separately approve those courses locally.
11. Classes Held Outside of District, If the classes we ad be located outside the boundaries
Of the District, the District mart comply with the requiramants ofTille 5 of the Calif 'a
Code of Regulations section 55301 coru:ervivg approval by adjoining high school or
community college districts and use ofnnn-District facilities.
12. Fundhau Source: District shut certify that it does Out receive fids compensation for the
direct education costs of the course Soon any public or private agency, individual, or
group_
13. Certification: District is responsible, in accordance with Tide 5 of the Califumia Code
of Regulations, Section 58051.5, for Obtaining cerYficomm verifying that the instruction
activity, to be conducted will cot be fully firlded by other spumes.
„,r
REPORT TO THE CITVCOUNCIL
r'M'
FROM: Fire Depamn nd
BY: RANDY R. BRUEGMAN, Fire Chief
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SUBJECT: APPROV lI R-AGENCYINSTRUCTIONALSEWICESAGREEMENTBETWEEN
THE CITY OF FRESNO AND THE SAN DIEGO COMMUNITY COLLEGE DISTRICT,
MIRAMAR COLLEGE, FOR REIMBURSEMENT OF INSTRUCTIONAL TRAINING
HOUR COSTS
RECOMMENDATION
It is recommended Coundl approve the Inter -Agency Instructional Services Agreement between the City of
Fresno and the San Diego Community College DiebiM, Madman- Collage, for reimbursement of Instructional
training hour cords.
EKECUTFJE SUMMARY
The Fresno Fire Department (FFD) had a similar training reimbunamend agreement Oth Fresno City Ca
(FCC) in plena since 1999. In NovemCer 2909, FCC ratified FFD it would be terminating the agree
effective December 31, 2099, due to facel constraints. FFD staff Degan the process of seeking; other ages
to replete FCC and was wccesaful in negotiating an agreement with Miramar College. The initial term <
agreement begins on July 2, 2010, and continues for a Period of five years. Funds received from
agreement will be reinvestetl into the firefgHter training program for the services, facilities, mataries.
equipment supplied.
BACKGROUND
In order to mainland professional skills al emegency reaponse personnel. FFD shrives to provide up to
hour of continuing education per member each year. The standard Is oorsiMent with Insurance Service M
(ISO) requirements for rating fire departments.
FCC provides registration and college unit for epeuelizetl seining for the department's swam, sal
firefighting Pmaonnel as pad of monthly continuing education needs. In 1999, FFD entered into an agreed
with FCC, which provided reimMreemaM for instructional training Mum provided by FFD stag Under
agreement, FCC offered approved educational courses through its various programs to meet me needs of
department and the department provided instructora, facilitalon, equipment, materials. day -to -
management support, and At other related ovataad recessery W oenduct FOC's afillated educe
programs and was reimbursed a fee M $2 75 Per Mur less regiatratlan fees. In FY 2099, this orm
383,400 to support the coats of mandated muning all, for the first ars months of FY 2010 ungl cont
termination in December, the deferment received $42,090. Lose of this funding source, whicin supplemr
minimal General Fund training resources, would severely impact the deparhnent's moldy W provide awn
minimum in mantleted training. PoeMa1WCh {eunnl
tuna o
e w:mon
REPORT TG CITY COUNCIL
Approve Irnm-Agency In^.trumonel Services Agreement Rehvaen the City of Fresno and
the San Diego Carnmundy Collage DisYnct, Miramar College
May S. 2010
Page 2
Staff began the process of seedig otter agemes to replace FCC and vies succeaefil in negotiating an
agreement with Miramar College. Under the terms of time agreement, the department will receive $2.75 Pei
firefighter inatruclional hour leas nrgiehation haler for specific treinng par aludent contact hour for all services,
Facilities, materials, and equipment supplied. Thine reimbursements are used to supplement the dspartmerit's
General Fund firefighter training program to provide for services, facilities, mMerials, arM equlpmenl. The
Initial term of dia agreement begins an Jury 2, 2010, atm continues for a peed of five yearn.
Revenues relatetl to reimbumemard far training purposes from this agreement sm estimated belasen $50,009
atm $$4000 annually.
FISCAL IMPACT
There is no new net fsoul impact to the General Fund.
Agmenent