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HomeMy WebLinkAboutSan Diego Community College District Miramar CollegeIK s/10/ro 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 e r r 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