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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