HomeMy WebLinkAboutState Center Community College District Master Agmt Instructional Services for Fire Dept* t't- 551
rt laolãatf
MASTER AGREEMENT
BETWEEN
FRESNO CITY COLLEGE
AND
CITY OF FRESNO FIRE DEPARTMENT
E INSTRUCTIONAL SERVICE AGREEMENT
t- Ë and between Fresno City College, hereinafter referred to as FCC, a college of
3 g the State Center Community College District, hereinafter referred to as, SCCCDı,r* and the City of Fresno, a municipal corporation, hereinafter referred to as "C|TY".
.à.,
WITNESSETH:
WHEREAS, FCC is authorized by the California Education Code and Title
5 of the California Code of Regulations, 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. RESPONSIBILITIES OF FCC
a. FCC shall offer approved educational courses through its various
programs to meet the needs of the CITY's Fire Department, hereinafter
referred to as "FFD."b. FCC shall provide a coordinator to work with FFD. Said coordinator shall
act as the FFD co-director for all FCC affiliated educational courses.
Under no circumstances, however, shall the coordinator have authority
over the remaining operations of FFD, including but not limited to,
personnel issues concerning FFD employees, operational budget, or the
use, maintenance, or scheduling of FFD facilities.
c. FCC and FFD will mutually ensure that ancillary and support services are
provided for the students, (e.9. Counseling, Guidance, & Placement
Assistance).
d
ô
FCC shall assist the FFD in registration and other support services to
students in order to adequately manage and control its course offerings.
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.
FCC shall ensure that course offerings meet all appropriate requirements
of the California Education Code (hereinafter, ("Education Code") and Title
5 of the California Code of Regulations (hereinafter, "Title 5").
FCC shall consult the FFD on any revisions to existing FCC courses
designed for the FFD 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 FFD.
Fresno City College shall provide the use of its facilities and equipment
free of charge for use by the FFD, on an as-needed, space available basis
for affiliated programs. FCC shall attempt to provide use of said facilities
and equipment during normal business hours.
FCC shall demonstrate control and direction through such actions as
providing the instructor of record an orientation, instructor's manual, Title 5
course outlines, curriculum materials, testing and grading procedures and
any other materials and services it would provide its hourly instructors on
campus.
FCC shall waive the health fee for all FFD 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 FFD
a. FFD shall provide classroom space for use as off-campus sites by FCC,
free of charge for affiliated programs. FFD shall attempt to provide use of
said facilities during normal business hours.
b. FFD shall provide instructors, facilitators, equipment, materials, day-to-day
management support, and all other related overhead necessary to
conduct FCC's affiliated educational programs.
f
g
h
c, FFD 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 governing
instructional programs, including minimum qualifications for instructors.
d. CITY shall use the money received as compensation for services under
this Agreement for educational and training related purposes as they
relate to fire service training programs.
e. FFD shall assist FCC in collecting all instructional fees associated with the
class offerings under this Agreement.
f. Records of student attendance and achievement shall be maintained by
FFD. Records will be open for review at all times by officials of the college
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.
Section 3. PAYMENT FOR SERVICES
a. ln consideration for the services provided herein, FCC shall pay CITY
$2.75 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 shall not exceed 92,000
Student lnstructional Hours or 175.23 Full Time Equivalent Students
(FTES), unless mutually agreed prior to May 1 ,2015. The same limits
shall apply in each subsequent fiscal year, unless othen¡vise agreed in
writing by the parties.
c. Any subsequent year's student instructional hour cap shall be determined
at least sixty (60) days prior to the start of the next fiscal year.
d. CITY shall present FCC with 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 for
courses under this contract will be deducted from the total amount of the
said invoice. FCC shall consider this payment for the registration 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 repofted on
SCCC D's CC FS-320, Californ ia Commun ity 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. CITY 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 personal injury, death at any time and
property damage) incurred by CITY, 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 intentional acts or
omissions of CITY or any of its officers, officials, employees, agents or
volunteers in the performance of this Agreement; provided nothing 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, toft or strict liability, including but not limited to personal injury,
death at any time and property damage) incurred by the CITY, FCC or 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 CITY 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 shall 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
b
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 this Agreement are found to be, or become
contrary to State law or regulations, or court decisions, FCC and CITY
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.
The term of this Agreement shall be a period of time commencing on July
1 , 2014, and ending on June 30, 2015. This agreement may be extended
for additional periods of one ('1) year upon agreement in writing by both
parties. Notwithstanding the foregoing, this Agreement may be terminated
at any time, with or without cause, upon written notice given to the other
party at least thirty (30) days prior to end of the term, in which classes are
currently in session. ln the event of such termination, each party shall fully
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.
CITY 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 JudicialArbitration 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
c
d
e
g.
h
the parties with respect hereto. Each party to this Agreement
acknowledges that no representations, inducements, promises or
agreements, oral or othenryise, have been made by any pafty, 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.
Notice or correspondence required by this Agreement shall be delivered
personally or by United States mail as follows:
To FCC Gordon Moncibais
Career Technology Center
2930 E. Annadale Ave.
Fresno, Ca 93725
To FFD Christine Boozer
Fresno Fire Department
911 H Street
Fresno, Ca 93721
The specific courses covered under this Agreement are described in
Attachment 1, which are incorporated herein by this reference.
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 ClTy's Fire Chief 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
Fresno Fire Department
.LÇ,t
TO LEGAL FORM:
Date:
vonne Spence,
Fresno City Clerk
Fresno City Gollegê, â college is the
State Genter Community College
Dist Ib
Mr, Edwin Eng
Vice Chancellor Finance and
Administration
Date: lvltolp(
REVIEWED AND RECOMMENDED
FOR APPROVAL
APPROVED AS TO LEGAL FORM:
Taylor, District Counsel
Mr. To Caritu, President
Fresno-City College
FRESNO CITY COLLEGE
COURSE OUTLINE OF RECORI)
Course Subject and Nuinber
Fire Technolopv 269
Discipline(s)
Fire Technolosv
Course Title
Advanced Firefighter Tonics Term Effective
Fall 2007
Catalog Description: [xl no change t 1 revised/clarified t ] new (check one)
Prerequisite: [x] no change t I revised/clarified I I new (chech one)
Corequisite: [x] no change t I revised/clarified t ì new (check one)
Advisory: [xì no change t I revised/cìarified t I new (check one)
Units, hours, repeatability, credit/no credit, number ofweeks: [x] no change [ ] revised [ ] new (check one)
(If revised is checl<ed, underline item(s) reyised above.)
.l-2 unit(s) I to 40 lecture hour(s) 1 to 60 laboratory hour(s) unlimited number of repeats
(maximum :3)
X credit/no credit only 1-18 number of weeks X open entry/open exit
Prerequisite: Fire Technology 130 or currently employed by a Fire Agency.
Corequisite: None
Advisory: None
Description: Satisfies mandatory yearly requirements of the local Fire Agency, Fresno County Health
Department, the California State Fire Marshals Office, and the appropriate sections of the
California Code of Regulations. Course content to be determined by the respective agencies.
Entry Level Skills: Upon entering the course, the student should be able to:
1. Identify and interpret laws and regulations ofthe fire agency.
2, Identify the theory and fundamentals of combustion, heat transfer and extinguishment.
3. Develop an unclerstanding of the origin and cause of fires and identifying the collection and
preservation of evidence.
Requested Credit Classification (Applicable)
[ ] Degree applicable [ ] Noncredit [x] Nondegree Applicable [ ] Transfer Level
Expected Outcomes/Objectives: should be written in the context of Student Learning Outcomes (SLO).
Upon successful completion of the course, what will the student be able to do? Scc curriculum web site for rnore
details ).:
1. Given a classroom setting and using knowledge of the Fire Technology discipline, discuss
technology advances and revisions to regulations and laws as they apply to the specilic fire agency.
2, Given a laboratory setting, apply the physical skills to perform various job related tasks required
by the individual's fire protection agency.
3. Given a specific,incident scenario, apply the strategy and tactics nccessary to successfully mitigate
the incident.
4, Given classroonl instruction, reading assignments, and laboratory activities describe and apply up
to date techniques in emergency medicine,
Unlimited Repeat Justitication:
The topics of this course will change frequently. Many of the skills required of fïrefighters degrade
without periodic practice, use, or refreshing through ongoing training. Fire agencies have mandated that
all firefighters receive perishable skills retraining in these areas.
This is allowable under title 5 S58161 (C), when the repetition is necessary for a student to meet a legally
mandated training requirement as a condition of continued paid employment.
Professional Judsment
(How Determined)
Texts, Other Readings, and Materials:
Text(s)
Training manuals and texts adopted by fire agencies.
[X] Primarily Collese Level
[ ] Primarily not College Level
Out-of-Class Assignments :
List types:
Reading assignments, materials and practice degradable skills.
3 hours per week (or equivalent)
[xl Class participation and assignments require and develop critical thinking (see Expected
Outcomes/Objectives). Describe how:
These would vary by topic and would include exercises, analysis and evaluation of information
related to the topic or issue.
Primarily College Level
2 hours ofindependent work done out of
class per each liour of lecture or class
work, or 3 hours lab, practicum, or the
equivalent, per unit.
[x] Not Primarily College Level
[x] Ratio of amount of work per unit of credif
required by curriculum committee for a
nondegree credit course is met.
Assessment: Grades will be based upon:
t I WRITING ASSIGNMENT* (check all that apply)
Formal Essay (ENGL 1Ä level)
Short Composition
Informal Essay Questions
Other (please explain)
t ì COMPUTATION*
t ì NONCOMPUTATIONALPROBLEM-SOLVING*
Examples:
[xl SKILLDEMONSTRATION
Kind: Demonstrate the correct application of the degradable sl<ills task.
[x] MULTIPLE CHOICE
[x] OTHER: Describe. (Examples: tests, quizzes, homcwork)
Tests, quizzes, oral responses.
*For degree credit: At least one of the first three boxes above must be checked, and if "writing
assignment" is not checked, it must be explained why written assignments are an inappropriate basis for at
least25o/o ofthe grade in the course.
Expanded Description gf Content and Methods:
Content:
1. Introduction of issue or topic.
2. Assessment to determine degradation of skills.
3. Skills practice to maintain proficiency.
4. Skill development in new technology.
5. Required annual certifications and protocol updates.
6. Relationship of operational positions and responsibilities.
7. Review ofstandard safety practices.
8. Trends as they apply to the Fire Protection system.
Methods:
1. Related material will be presented through designated class lectures and dcmonstrations.
2. Instructor demonstrations of required skills are followed by supervised practice sessions.
3. Class discussions and critiques.
Rev. 09/06
CO NTRACT/AGREEME NT/GRANT APPROVAL COVE R SHEET
Titteof Contract/Agreement/Grant: ISA With FreSnO City Fire Department
Contract/Agreement/GrantType: lnStrUCtiOnal ServiCe Agreement
New
(Ifyes, may require Board
approval)
SCCCD Generated
(no changes)
Requires Legal
Review
Contìnuing
(with changes, note
changes in description)
Requires Insurance
(Ifyes, complete
insurance form)
Addendum to
existing
l_l nesolution Required
Board approval required
l-l continuing
lApplication |_lnlnulContract/Agreement/Grant:
ToratAmounr' $253,000
Yr 1. $253'000 Yr2:Yr 3:
Date final approved:
Yr 4:
Mut.h. N/A Period: 2014-2015
hit'^l
Yr 5:
Budget No.
<n
r.JJ
C.)
e,t¡l
cJ)
=(:l4
,..}
CJ
ìL
CJCf
Title: Dean of Workforce Development
'
; ;'ot.eoeta\Ëoose\.Á-a
-¿æ
Description/Notes:
Attached is the ISA between FCC and City of Fresno Fire Department. The ISA is for
92,000 student instructional hours at $2.75 per hour for a total maximum of $253,000.
This agreement is for the 2014-2015 fiscal year.
Please contact Gordon Moncibais atx5778 if you have any questions.
Title:
Vice President of Adm¡nistrative Services
8lt/2011
CONTRACT/AGREE ME NT/GRANT APPROVAL C OVE R SH EET
Insurance (If requested):
Certihcate Holder:
Address:
CiIy/StatelZip:
Attention:
Phone:
Fax:
Endorsements: (llyes, choose which.¡
I lAdditional Insured Covered llloss Payee
Parfi
Name(s) of Additional Insured:
Name(s) of Loss Payee:
Event Name:Date(s) of Event:
Limits of General Liability:Other Coverage Limits Requested:
Additional Notes:
8lt/2011