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HomeMy WebLinkAboutAgreement A-19-317 with SCCCD.pdfINSTRUCTIONAL SERVICE AGREEMENT BETWEEN FRESNO CITY COLLEGE AND COUNTY OF FRESNO Agreement No . 19-317 This Instructional Service Agreement ("Agreement") is made and entered into this__filb_ day of July , 2019 , effective by and between Fresno City College, ("FCC"), a college of the State Center Community College District, ("SCCCD") and the County of Fresno, a political Subdivision of the State of California, ("COUNTY "). WITNESSETH : WHEREAS , FCC is authorized by the California Education Code and Title 5 of the California Code of Regulations , to conduct contract instruction, assessment and counseling services to serve community needs; WHEREAS, COUNTY desires to contract with FCC for these educational services , as further described in this Agreement; and WHEREAS , the parties intend that this Agreement provide for the mutual cooperation of FCC and COUNTY in the provision of quality instruction and training to meet COUNTY and community needs . AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises to be kept and performed by the respective parties, FCC and COUNTY 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 Probation Department of the COUNTY. b. FCC shall provide a coordinator to work with COUNTY . This coordinator shall act as the COUNTY co-director for all FCC affiliated educational courses in the Program . Under no circumstances, however, shall the coordinator have authority over the remaining operations of COUNTY, including but not limited to, personnel issues concerning COUNTY employees , operational budget , or the use, maintenance , or scheduling of COUNTY facilities . c. FCC and COUNTY will mutually ensure that ancillary and support services are provided for the students , including but not limited to, counseling , guidance, and placement assistance . d . FCC shall assist COUNTY in providing 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 curriculum taught by all instructors. f.FCC shall ensure that course offerings meet all appropriate requirements of the California Education Code ("Education Code") and Title 5 of the California Code of Regulations ("Title 5"). g.FCC shall consult with COUNTY on any revisions to existing FCC courses designed for the COUNTY Program, initiation of new courses, or any other changes, in order to ensure the quality of educational services and to meet the needs of COUNTY. h.FCC shall provide the use of its facilities and equipment free of charge for use by COUNTY, on an as-needed, space available basis for educational courses and programs offered as part of this Agreement. FCC shall attempt in good faith to provide use of these facilities and equipment during normal business hours. 1.FCC shall demonstrate control and direction of Program instructors 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 employed by FCC. j.FCC shall waive any health fees for all COUNTY 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 COUNTY a.COUNTY shall provide classroom space for use as off-campus sites by FCC, free of charge, for the Program. COUNTY shall attempt to provide use of these facilities during normal business hours. b.COUNTY shall provide instructors, facilitators, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct the Program. c.COUNTY 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.COUNTY 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.COUNTY shall assist FCC in collecting all instructional fees associated with the class offerings under this Agreement. 2 f.Records of student attendance and achievement shall be maintained by COUNTY. Records will be open for review at all times by officials of FCC and shall be submitted to FCC on a schedule developed by FCC. g.By signing this Agreement, COUNTY certifies that 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.In consideration for the services provided herein, FCC shall pay COUNTY $3.50 per student instructional hour that is eligible for state general apportionment. b.For fiscal year 2019/2020, (for purposes of this Agreement, "fiscal year" begins July 1 and ends June 30) student instructional hours shall not exceed 52,500 Student Instructional Hours or 75 Full Time Equivalent Students (FTES), unless mutually agreed to in writing. The same limits shall apply in each subsequent fiscal year, unless otherwise agreed in writing by the parties. c.Any subsequent year's student instructional hour cap shall be determined by FCC and COUNTY at least sixty (60) days prior to the start of the next fiscal year. d.COUNTY shall present FCC with a valid invoice of all mutually agreed upon instructional hours presented under this Agreement and FCC shall pay COUNTY the amounts specified in Section 3(a) above within 45 days. Any registration fees for courses under this Agreement will be deducted from the total amount of the invoice. FCC shall consider this payment for the registration fees and COUNTY shall consider the contracted price, minus the registration fees, as payment in full. e.Instructional 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 SCCCO's independent auditor and the California Community Colleges Chancellor's Office. Section 4. INDEMNIFICATION a.COUNTY 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 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 COUNTY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by COUNTY of governmental immunities including California Government Code Section 810 et seq. 3 b.FCC shall indemnify, hold harmless and defend COUNTY 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 personal injury, death at any time and property damage) incurred by the COUNTY 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.In the event of concurrent negligence on the part of FCC or any of its officers, officials, employees, agents or volunteers, and COUNTY 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, costs, expenses, 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 4(d) 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.If any of the provisions of this Agreement are found to be, or become contrary to State law or regulations, or court decisions, FCC and COUNTY agree that the Agreement shall be renegotiated as it relates to that provision, but the remainder of the Agreement shall remain in full force and effect. b.The term of this Agreement shall commence upon execution and terminate on June 30, 2023. 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 educational term in which classes are currently in session. In 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. c.Non-Allocation of Funds -The terms of this Agreement, and the services to beprovided hereunder, are contingent on the approval of funds by the appropriating 4 government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving FCC ninety (90) days advance written notice. c.Each party maintains the right to cancel services prior to the beginning of each course in the Program at no cost to either party to this Agreement. d.COUNTY 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. e."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 Judicial Arbitration and Mediation Service ("JAMS") FOR non-binding arbitration. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent and impartial arbitrators. The costs of arbitration, excluding attorney's fees, shall be split equally between the County and FCC." f.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 acknowledges that no representations, inducements, promises or agreements, oral or otherwise, 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 COUNTY and FCC in the form of an amendment to this Agreement. g.Notice or correspondence required by this Agreement shall be delivered personally or by United States mail as follows: To: FCC Gary Fief To: COUNTY State Center Regional Training Facility 1101 E. University Ave. Fresno, Ca. 93741 PSM Pete Garcia Fresno County Probation Dept. 3333 E. American Ave. Fresno, Ca. 93725 h.See Exhibit A for classes to be offered under this Agreement. Exhibit A is attached and incorporated by this reference. 5 1.In addition to the specific course(s) noted above, the parties may offer additional courses pursuant to this Agreement, on the same terms and conditions as this Agreement with a minimum of 40 days' notice to the other party. For each additional course of instruction, written agreement to offer the course is required by COUNTY's Chief Probation Officer or designee, and the FCC President or designee. The course description and details must be set forth in writing, and upon written agreement of both parties, will become additional attachments to this Agreement. 6 IN WITNESS WHEREOF , The parties hereto have executed this Agreement as of the Effective Date first set forth above . County of Fresno, a political Subdivision of the State of California Nathan Magsig Chairman , Board of Supervisors Date : J -C'.\-l :\ Attest: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno State of California By : ~18,0,ca ~'£k)Oi) Deputy Date : _ ___.']_-__ 9 '---____,_l __._9 __ _ Fresno City College, a college of the State C 1 unity College District Cheryl I n Vice Chancellor Finance and Administration Date : '6 / le / l 9. REV I EWED AND RECOMMENDED FOR APP VAL Date : ~} \ S / L5 7 Attachment to ISA contract under section 6(i). New courses just added: