HomeMy WebLinkAboutState Center Community College District Master Agmt Instructional Service Agmt 20142015t t<l- 376
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MASTER AGREEMENT
BETWEEN
FRESNO CITY COLLEGE
AND
CITY OF FRESNO
E |NSTRUCT|ONAL SERVTCE AGREEMENT
FCC), a college of the State Center
D) and the City of Fresno, a municipal
.ÒO
WITNESSETH:
WHEREAS, FCC is authorized by the California Education Code
(Education Code) and Title 5 of the California Code of Regulations (Title S), to
conduct Contract lnstruction, Assessment and Counseling Services to serve
community needs; and
WHEREAS, CITY desires to contract with FCC for services as identified
herein; and
WHEREAS, the parties intend that this Agreement provide for the mutual
cooperation of FCC and CITY in the provision of quality instruction and training to
meet community needs.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the
covenants, conditions, and promises hereinafter contained to be kept and
performed by the respective parties, FCC and CITY mutually agree as follows:
Section 1. RESPONSIBIL|T|ES OF FCC
a. FCC shall offer approved educational courses through its various
programs to meet the needs of the CITY's Police Department (FPD).b. FCC shall provide a coordinator to work with FPD. Said coordinatoi shall
act as the FPD co-director for all FCC affiliated educational courses.
Under no circumstances, however, shall the coordinator have authority
over the remaining operations of FPD, including but not limited to,
personnel issues concerning FPD employees, operational budget, or the
use, maintenance, or scheduling of FpD facilities.
c. FCC and FPD will mutually ensure that ancillary and support seruices are
provided for the students. (e.9. Counseling, Guidance, & Placement
Assistance)
d. FCC shall assist the FPD in registration and other support services to
students in order to adequately manage and control its course offerings.
e. FCC shall approve of the selection of instructors and facilitators and
evaluate the quality of instruction to ensure that it meets the needs of the
students and the accreditation requirements of FCC. FCC shall have the
primary right to control and direct the instructional activities of all
instructors.
f. FCC shall ensure that course offerings meet all appropriate requirements
of the Education Code and Title 5.
g. FCC shall consult the FPD on any revisions to existing FCC courses
designed for the FPD program, initiation of new courses, or any other
changes, in order to ensure the quality of educational services and to
meet the needs of the FPD.
h. FCC shall provide the use of its facilities and equipment free of charge for
use by the FPD, on an as-needed, space available basís for affiliated
programs. FCC shall attempt to provide use of said facilities and
equipment during normal business hours.
i. FCC shall demonstrate control and direction through such actions as:
providing the instructor of record an orientation, instructor's manual, Title S
course outlines, curriculum materials, testing and grading procedures and
any other materials and services it would provide its hourly instructors on
campus.
j. FCC shall waive the health fee for all FpD students.
k. By signing this Agreement, FCC certifies that it does not receive full
compensation for direct education costs of the course from any public or
private agency, individual or group.
Section 2. RESPONSIBILITIES OF FPD
a. FPD shall provide classroom space for use as off-campus sites by FCC,
free of charge for affiliated programs. FPD shall attempt to provide use of
said facilities during normal business hours.
b. FPD shall provide instructors, facilitators, equipment, materíals, day-to-day
management support, and all other related overhead necessary to
conduct FCC's affiliated educational programs.
c. FPD shall cooperate with FCC to ensure that all personnel, equipment,
and materials used in carrying out its responsibilities under this Agreement
conform to Education Code and Title 5 mandated standards goveining
instructional progra ms, i nclud ing m ini m um qual ifications for i nstructors.
d. CITY shall use the money received as compensation for services under
this Agreement for educational and training related purposes as they
relate to law enforcement training programs.
e. FPD shall assist FCC in collectíng all instructionalfees associated with the
class offerings under this Agreement.
f. Records of student attendance and achievement shall be maintained by
FPD. Records will be open for review at all times by officials of the collêge
and submitted on a schedule developed by FCC.
g. By signing this Agreement, CITY certifies the training facility is open to the
public and that the instructional activity to be conducted will not be fully
funded by other sources.
Sectíon 3. PAYMENT FOR SERVTCES
a. ln consideration for the services provided herein, FCC shall pay clry
$3.50 per student instructional hour that is eligible for state general
apportionment.
b. For fiscal year 201412015, (for purposes of this Agreement, "fiscal year"
begins July 1 and ends June 30) said hours shail not exceed s2,5d0
Student lnstructional Hours or 100 FullTime Equivalent Students (FTES),
unless mutually agreed prior to May 1 ,2015. The same limits shail apply
in each subsequent fiscal year, unless othenruise agreed in writing by the
parties.
c. Any subsequent year's student instructional hour cap shall be determined
at lease sixty (60) days prior to the start of the next fiscal year.
d' CITY shall present FCC wíth a valid invoice of all mutually agreed upon
instructional hours presented under this Agreement and FCC shall pay
CITY the agreed contract price within 45 days. The registration fees fôr
courses under this contract will be deducted from the total amount of said
invoice. FCC shall consider this payment for the registratíon fees and
CITY shall consider the contracted price, minus the registration fees, as
payment in full.
e. lnstructional hours are defined as those hours that are reported on
scccD's ccFS-320, california community colleges Apportionment
Attendance Reports, and are subject to audit by SCCCD's independent
auditor and the California Community Colleges Chancellor's Office.
Section 4. INDEMNIFICATION
a. clrY shall indemnify, hold harmless and defend FCC, and each of its
officers, officials, agents, and volunteers from and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personat injury, death at any time and
property damage) incurred by clrY, FCC or any other person, and from
and from any and all claims, demands and actions in law or equity
(including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly from the negligent or intentionalãcts or
omissions of clrY or any of its officers, officials, employees, agents or
volunteers in the performance of this Agreement; provided notñing herein
shall constitute a waiver by CITY of governmental immunities including
California Government Code Section 810 et seq.
b. FCC shall indemnify, hold harmless and defend CITY and each of its
officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personat injury,
death at any time and property damage) incurred by the clry, FCC oi any
other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising or alleged
to have arisen directly or indirectly from the negligent or intentional acts or
omissions of FCC or any of its officers, officials, employees, agents or
volunteers in the performance of this Agreement; provided nothing herein
shall constitute a waiver by FCC of governmental immunities including
California Government Code Section 810 et seq.
c. ln the event of concurrent negligence on the part of FCC or any of its
officers, officials, employees, agents or volunteers, and clry or any of its
officers, officials, employees, agents or volunteers, the liability for any and
all such claims, demands and actions in law or equity for such losses,
fines, penalties, forfeitures, costs and damages shail be apportioned
under the state of california's theory of comparative negligence as
presently established or as may be modified hereafter.
d. This section shall survive expiration or termination of this Agreement.
Section 5. INSURANCE
a. Each party shall insure its activities in connection with this Agreement and
maintain at all times insurance in coverage and limit amounts reasonably
necessary to protect itself against injuries and damages arising from the
acts or omissions caused by each party, their respective Boards, officers,
employees and agents in the performance of this Agreement. This
insurance requirement may be satisfied through a program of self-
insurance, or insurance coverage afforded to public entities through a
Joint Powers Authority (JPA) risk pool.
Section 6. MISCELLANEOUS
a. lf any of the provisions of thís Agreement are found to be, or become
contrary to state law or regulations, or court decisions, FCC and clry
agree that the Agreement shall be renegotiated as it relates to said
provision, but the remainder of the Agreement shall remain in full force
and effect.
b. The term of this Agreement shall be retroactive to July 1 ,2014, and shall
terminate on June 30,2016. Notwithstanding the foregoing, this
Agreement may be terminated at any time, with or without cause, upon
written notice givên to the other party at least thirty (30) days prior to the
end of the term in which classes are currently in session. ln the event of
such termination, each party shallfully pay and discharge all obligations
accruing to the other party up to and including the date of termination.
Neither party shall incur any additional liability to the other by reason of
such termination.
Either party hereto maintains the right to cancel services prior to the
beginning of each course at no cost to either party to this Agreement.
clrY and FCC will not discriminate in the selection of any student to
receive instruction pursuant to this Agreement because of race, creed,
color, national origin, sex, disability (physical or mental), religion, age or
any other characteristic prohibited by law.
The parties agree that no action, at law or equity, including an action for
declaratory relief, shall be brought unless the underlying claim and/or
cause of action has been submitted to non-binding arbitration before a
mutually acceptable arbitrator appointed by the Judicial Arbitration and
Mediation Service.
FCC has the primary right to control and direct the activities of the person
or persons furnished by the CITY during the term of the Agreement.
This Agreement supersedes any and all other agreements, oral or written,
between the parties hereto with respect to the use of the aforesaid
facilities or services and contains all covenants and agreements between
the parties with respect hereto. Each party to this Agreement
d.
e.
g.
acknowledges that no representations, inducements, promises or
agreements, oral or othen¡vise, have been made by any party, or by
anyone acting on behalf of any parties, which are not embodied herein,
and that no other agreement, statement, or promise not contained herein
shall be valid or binding. Any modification to this Agreement shall be
effective only if it is in writing and signed by the CITY and FCC in the form
of an amendment to this Agreement.
h. Notice or correspondence required by this Agreement shall be delivered
personally or by United States mail as follows:
To FCC Richard Lindstrom To FPD Lt. Tom Laband
State Center Regional Fresno Police Dept.
Training Facility 2326 Fresno Street
1101 E. UniversityAve. Fresno, Ca.gZT21
Fresno, Ca.93741
i. The specifìc courses covered under this Agreement are described in
Attachments 1 through 29, which are incorporated herein by this
reference.
j. ln addition to the specific courses noted above, the parties may offer
additional courses pursuant to this Agreement, on the same terms and
conditions as this Agreement. For each additional course of instruction,
written agreement to offer the course is required by CITY's Chief of Police
or designee, and the FCC President or designee. The course particulars
must be set forth in writing as with the courses listed above, and will
become attachments to this Agreement.
lN WITNESS WHEREOF, The parties hereto have executed this Agreement to be
effective July 1 ,2014.
City of Fresno, a Municipal
Gorporation
APPROVED AS TO LEGAL FORM:
Douglas Sloan,
Fresno City Clerk
Date: QshôøL 27,
ATTEST:
Fresno Gity Gollege, a college of the
State Center Gommunity College
Dist a\./o
Mr. Edwin Eng
Vice Chancellor Finance and
Administration
Date: [ 7
REVIEWED AND RECOMMENDED
FOR APPROVAL
Mr. Tony Cantu, President
Fresno City College
APPROVED AS TO LEGAL FORM: