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Home My WebLink About25M - AGMT COURSE REGISTRATION SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVE AN AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR COURSE REGISTRATION SERVICES {STRATEGIC PLAN NO.1, 1i} - w ITY -MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sT Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached five-year agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 17, 2017 through July 16, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,830, and generate up to $270,000 in reimbursement revenue over the five-year term. DISCUSSION The Santa Ana Police Department has a long standing relationship with Rancho Santiago Community College District (District) to ensure law enforcement officers receive college credit for law enforcement training that has been certified by the District. Under the terms of this agreement, Santa Ana College offers advanced public safety courses to students under the immediate supervision of a Rancho Santiago Community College District -approved instructor (Santa Ana PD training officer). The officers receive college credit, and the District is eligible to receive state apportionment to help fund the costs of instruction. A percentage of the apportionment is used to compensate the Police Department for costs incurred while presenting the course (i.e. instructor costs, instructional supplies, printing costs, etc.). On October 3, 2017, the City Council approved an agreement with the District for these services; however, the recommended action that was approved authorized the acceptance of up to $54,000 in reimbursement revenue over the five-year agreement term. The recommended action above is corrected to reflect up to $54,000 in revenue per year, or $270,000 over the five-year agreement term. Over the course of an average year, the Police Department trains approximately 300-400 employees (Santa Ana and outside agencies). Registration costs vary based on the class, and the Department is reimbursed at two dollars and seventy cents 2.70 per student contact hour, not to exceed 20,000 student contract hours or $54,000 per fiscal year. Although the maximum annual reimbursement authorized by the district is $54,000 per state guidelines, the Police Department anticipates that our current training program schedule will generate approximately 25M-1 Agreement with Rancho Santiago Community College District December 5, 2017 Page 2 $19,710 per year; however, as training needs increase, the agreement may generate up to the $54,000 annual maximum (20,000 contact hours x $2.70 per contact hour = $54,000);. The Police Department anticipates paying approximately $7,000per year in tuition costs, which will total $35,000 over the five year term. However, the Police Department may pay up to a maximum of $19,166 per year as training needs change and the contract is maximized. This annual amount was derived using the following calculations: 20,000 training hours divided by 48 (48 hours of instruction = 1 unit) equals 416.66 units 416.66 units multiplied by $46 (tuition per unit) equals $19,166 in tuition costs Actual expenses and revenue received will be based on the annual training needs of the Police Department, and the number of registrations processed through the District. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Strategy 1 i - Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals. FISCAL IMPACT Funds for this agreement are available in the Police Department's Training contract services account (no. 01114410 62300), and reimbursement revenue will be deposited in the Police Department's Training contract services expenditure account (no. 01114410 62300) for the following fiscal years: 25M-2 Anticipated -Expenditures Anticipated Revenue Max Expenditures Max Revenue FY 2017-18 $7,000 $19,710 $19,166 $54,000 FY 2018-19 $7,000 $19,710 $19,166 $54,000 FY 2019-20 $7,000 $19,710 $19,166 $54,000 FY 2020-21 $7,000 $19,710 $19,166 $54,000 FY 2021-22 $7,000 $19,710 $19,166 $54,000 Total $35,000 $95,550 $95,830 $270,000 25M-2 Agreement with Rancho Santiago Community College District December 5, 2017 Page 3 G aentin Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: A�,ws�sz,)ZIr ly� Qom, Francisco GutierrezuUL Executive Director Finance and Management Services Agency Exhibit: 1. Agreement with Rancho Santiago Community College District 25M-3 25M-4 Exhibit 1 STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT With: i THIS AGREEMENT is entered into this 171h day of July, 2017, i by and between the Rancho Santiago Community College District, 2323 North Broadway, Santa Ana, California 92706-1640 (District) and the Santa Ana Police Department (Agency). RECITALS WHEREAS, under Government Code Section 53060 and Education Code Section 78021, the Rancho Santiago Community College District desires to contract with Agency as an independent contractor to the District; and WHEREAS, Agency has the personnel, expertise and equipment to provide the special services required herein, and WHEREAS, the public's interest, convenience and general welfare will be served by this contract; NOW THEREFORE, Agency and District agree as follows: PROVISIONS OF THE AGREEMENT A. AGENCY'S RESPONSIBILITIES 1. Services - Agency's responsibility shall be to diligently furnish to the District the services and materials as set forth in Attachment A, hereby incorporated in this Agreement by this reference. 2. Student Attendance Records. Records of student attendance and achievement will be maintained by Agency. Student attendance records will be open for review at all times by officials of the District and submitted on a schedule developed by the District. SAC -17--040 1 of 11 25M-5 3. Non -Discrimination. Agency agrees it will not engage in unlawful discrimination of persons because of race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, or age, or sex of such person. 4. Applicable Law. Agency agrees to comply with all federal, state, and local laws, rules regulations, and ordinances that are now or may in the future become applicable to Agency, Agency's business, equipment, and personnel engaged in operations covered by this agreement or occurring out of the performance of such operations. B. DISTRICT'S RESPONSIBILITIES 1. Educational Proeram. District is responsible for the educational program that will be conducted.on site. 2. Supervise and Control Instruction. The instruction to be claimed for apportionment under this contract shall be under the immediate supervision and control of a District employee (Title 5, Section 58058) who has met the minimum qualifications for instruction in a vocational subject in a California community college. 3. Instructor Who Is Not a District Employee - District's Responsibilities. Where Agency's instructor is not a paid employee of the District, the District shall have a written agreement with each such instructor who is conducting instruction for which Pull time Equivalency Students (FTES) are to be reported. The agreement shall state that the District has the primary right to control and direct the instructional activities of Agency's instructor. 4. Qualifications of Instructors. District shall list the minimum qualifications for instructors teaching these courses. Such qualifications shall be consistent with requirements specified by the District. SAC -17--040 2 of I1 25M-6 5. District's Control of and Direction for Instructors. District shall provide instructors with an orientation, instructors manual, course outlines, curriculum materials, testing and grading procedures, and any of the other necessary materials and services that it would provide to its hourly instructors on campus. 6. Courses of Instruction. The Courses of Instruction are specified in Attachment A to this Agreement. It is the District's responsibility to insure that the course outline of records are approved by the District's curriculum committee pursuant to Title 5 course standards, and that the courses have been approved by the District's board of trustees. 7. Different Section of Courses. District shall have procedures to insure that faculty teaching different sections of the same course teach in a manner consistent with the approved outline of record for that coarse. Such procedures apply to the faculty, courses, and the students. 8. Enrollment. District will advise Agency of the enrollment period, student enrollment fees, the number of class hours sufficient to meet the stated performance objectives, policy regarding the supervision and evaluation of students, and the procedure applicable to the withdrawal of students prior to completion of a course or program. 9. Obtaining Approval of Degree and Certificate Programs Is District's Responsibility. Il is required that degree and certificate programs have been approved by the State Chancellor's Office and courses that make up the programs must be part of the approved programs, or District must have received delegate authority to separately approve those courses locally. SAC -17-040 3 of 11 25M-7 10, Classes Held Outside of District. If the classes are to be located outside the boundaries of the District, the District must comply with the requirements of title 5, Sections 55230-55232, concerning approval by adjoining high school or community college districts and use of non -District facilities. 11. Funding Source. District shall certify that it does not receive full compensation for the direct education costs of the course from any public or private agency, individual, or group. 12. Certification. District is responsible for obtaining certification verifying that the instruction activity to be conducted will not be fully funded by other sources. (Title 5, Section 58051.5) C. FEES 1. Agency Fee and Expenses - The fee to be paid by District for the services and materials to be supplied hereunder is two dollars and seventy cents J11M per student contact hour, not to exceed 20,000 student contract hours or $54,000 per fiscal year. Annual limits shall not be exceeded without the express permission from the Dean of Human Services/Technology Division or the Assistant Dean of Criminal Justice Academies. 2. Agency shall invoice the District at the conclusion of each class, supplying mutually acceptable documentation of student contact hours for each class. SAC -17-040 4 of 11 25M-8 D. TERMS AND CONDITIONS Facilities . Agency and District agree the course shall be held at facilities that are clearly identified as being open to the general public. (Title 5, Section 58051.5) 2. Open Enrollment. District and Agency agree that enrollment in the course must be open to any person who has been admitted to the college and has met any applicable prerequisites. (Title 5, Sections 51006 and 59106) The District's policy on open enrollment is published in the college catalogue and schedule of classes (Title 5, Section 51006), along with a description of the course and information about whether the course is offered for credit and is transferable. (Title 5, Section 55005) 3. Support Services for Students. Agency and District shall ensure that ancillary and support services are provided to the students (e.g. Counseling and Guidance, and Placement Assistance). 4. Indemnification. All parties to this agreement agree to defend, indemnify, and hold harniless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of the activities, or the performance or nonperformance of obligations under this agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers. The provisions of this article do not apply to any damage or loss caused solely by the negligence or intentional acts of the non -indemnifying party or any of its , officers, agents, employees, and volunteers. ,SAC -17-040 5 of 11 25M-9 5. Term. This Agreement shall be in effect for the period commencing July 17"i, 2017, through July 16", 2022, unless earlier terminated by either party in the manner set forth in in paragraph D(6) below. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice provided by either party. 6. Termination without Cause. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice provided by either party. In the event the agreement is terminated, all of the obligations of the terminating party shall be waived immediately upon written notice of termination to the other party. The terminating party may proceed with the work in any manner deemed proper and the costs associated with the work shall be deducted from any sum due the other party under this Agreement, and the balance, if any, shall be paid by the other party, Assignments. This Agreement is personal and shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. SAC -17-040 6 of 11 25M-10 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: If to District: Rancho Santiago Community College District Attn: Vice Chancellor, Business Operations and Fiscal Services 2323 North Broadway Santa Ana, California 92706 If submitting an invoice, insert: "Attn: Accounts Payable" If to Agency: City of Santa Ana Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92702 Fax:(714)245-5097 9. Time Is of the Essence. Time is of the essence for each of the provisions of this Agreement, and all the provisions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Modifications. No modifications or variations of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms of this Agreement unless trade in writing between the parties hereto, shall be binding on any of the parties hereto. SAC -17-040 7 of 11 25M-11 11. Insurance: Each Party to this Agreement shall insure or self - insure its activities in connection with this Agreement and obtain, keep in force and maintain during the term hereof insurance or self-insurance insuring against the peril of bodily injury, personal injury, property damage and including a contractual liability endorsement with a limit of liability at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate; California Workers' Compensation Insurance on their employees performing any services under this Agreement; and, such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance. Certificates of insurance or other satisfactory documentation, evidencing the insurance coverage specified herein is in full force and effect throughout the term of this Agreement may be requested by either party. SAC -17-040 8 of 11 25M-12 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. SANTA ANA POLICE DEPARTMENT 49K'bistrid; RANCHO SANTIAGO COMMUNITY tlJ L. COLLEGE DISTRICT By. Name: Peter J, flardash Title: Vice Chancellor of Business Onerations/Fiscal Services Date: APPROVED AS TO FORM: SONIA CARVAkIAL0 Ci y%Rhd�� B: Tamtfra Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: /DAVID VAI.1r N awpo—lice Chief Santa Ana Police Department Raul Godinez II City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council SAGI7-040 9 of I I 25M-13 ATTACHMENT A STANDARD INTER -AGENCY SERVICES AGREEMENT SERVICES TO BE PROVIDED BY AGENCY 1. Teaching Approved Curriculum: All student contact hours submitted by the Agency to the District shall be part of a course of instruction that has either been approved by the Santa Ana College Curriculum and Instruction Council, or has been accepted as a topics course and approved by the college's Chief Instructional Officer. 2. Instructor Qualifications: All student contact hours submitted by the Agency to the District shall have been taught under the line of sight supervision of instructors who meet the I college's minimum or equivalent qualifications for hiring as part-time Liminal Justice Instructors. This expertise is furnished at the expense of the Agency. The services include the i use of their specialized equipment, facilities, all handouts, and instructors with specific expertise. 3. Non -overlap with other funding sources: The above instructional hours are conducted as FTI;S funded courses through the Criminal Justice Academies Department at Santa Ana College. 4. Enrollment of Students: Tire District will supply current student enrollnrentforms to the Agency who will return properly completed enrollment forms to the District prior to beginning instruction. SAC -17--040 10 of 11 25M-14 5. Instructional Activities: The Administrators of Rancho Santiago Community College District and Agency (and/or their designees) will meet at mutually agreed intervals to plan, schedule and budget for instructional activities. The joint consent of the District and the Agency shall precede any instructional activity. C. List of Courses - The following is a partial list of applicable courses for contract i instruction: 1) 034A Advanced Officer Training 2) 038A Tactical/Weapons Training 3) Related courses approved by the Assistant Dean, Criminal Justice Academies and specific to Criminal Justice and all other approved Criminal Justice related courses offered at Santa Ana College. SAG17--040 11 of 11 25M-15 25M-16