HomeMy WebLinkAboutRancho Santiago Community College District; 2019-10-15;RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
EDUCATIONAL SERVICES AGREEMENT
This Agreement (""Agreement") is entered into by and between Rancho Santiago Community College District
("District"), a California community college district and political subdivision of the State of California, with its
principle place of business located at 2323 N. Broadway, Santa Ana, CA, 92706, on behalf of the Santa Ana
College Fire Technology Wellness Program and the City of Carlsbad Fire and Police Departments ("Client") with
its principal place of business located at 2560 Orion Way, Carlsbad, CA 92010.
WHEREAS, Client has a need for education, training and related services: and
WHEREAS, Client desires that services be provided at Client's facilities: and
WHEREAS District has the ability and authority to provide such services:
NOW, THEREFORE, in consideration of the payments hereinafter set forth, District shall perfonn services
for Client in accordance with the terms and conditions set forth herein and in Exhibits A attached hereto
and by this reference made a pat1 hereof. In consideration of the services rendered, Client shall make
payment to District in the manner specified in Exhibit A.
1. TERM AND TERMINATION. This agreement shall be binding and deemed effective on the date
which this Agreement first becomes fully executed by all Pa11ies hereto and shall remain in effect
for five (5) years after that date unless sooner terminated by either pai1y in accordance with this
section. Either pa11y may terminate this Agreement without cause by giving thi11y (30) days prior
written notice to the other pai1y of its intention to terminate.
" AMENDMENTS. This Agreement may be amended only by written instrument signed by both
District and Client (collectively "the pai1ies") which writing shall state expressly that it is intended
by the pai1ies to amend the terms and conditions of this Agreement.
3. COMPLIANCE WITH CALIFORNIA EDUCATION CODE AND TITLE 5 OF THE
CALIFORNIA CODE OF REGULATIONS
a. Educational services will be conducted in accordance with California Education Code and
other applicable laws and regulation. The educational services, program and or courses
(PROGRAM) provided under this agreement are fu11her described in Exhibit A, including
corresponding outlines of record with documentation showing each course under this
PROGRAM has been approved by the District's cun-iculum committee, is consistent with
Title 5 course standards and has been approved by the district board of trustees.
b. Although operated on-site by the Client, the PROGRAM provided under this agreement is
the sole responsibility of the District. When a course is ottered for credit, pai1icipants in the
course will earn academic credit in accordance with Dist1ict policy regarding eligibility,
attendance, course work, examinations, and related policies and procedures. Accordingly,
District retains responsibility for the PROGRAM and/or courses oftered pursuant to this
Agreement.
SA.C-l'J-070
Ed_ Sen_ Agnnnt_ City of Carlsbad_ Rc·1 I 11-l-t-2ll I '1 1 of 8
SAC-/9-070
c. The enrollment period and enrollment fees for PROGRAM are described in Exhibit A.
d. District will determine whether the number of class hours related to PROGRAM are sufficient
to meet the stated performance objectives. including where student(s) withdrawal prior to
completion of a course or program.
e. Client and District will agree on procedures for completing and submitting enrollment
paperwork and for notifying College registrar regarding student withdrawals prior to
completion of PROGRAM. These procedures are more completely described in Exhibit A.
f. Activities under the PROGRAM will be under the immediate supervision and control of an
academic employee of the district who is authorized to render service in that capacity and who
has met the minimum qualifications for instruction in the discipline of the course in a
California community college. The District has the primary right to control and direct the
activities of the person providing the instruction. The District employee will provide
immediate instructional supervision and control, in terms of physical proximity and range of
communication; is in a position to provide supervision and control for the protection of the
health and safety of students; will provide and be the final decision maker on student
evaluations; and the authorized employee will not have any other assigned duty during the
instructional activity for which attendance is being claimed.
g. Students may be required to meet course or program prerequisites.
h. Both Agency and District shall insure that ancillary and suppoti services are provided for the
students (e.g. Counseling and Guidance. and Placement Assistance).
1. District policy on open enrollment along with a description of the course and information
regarding transferability and credit/non-credit status is published in the college catalogue.
schedule of classes and any addenda to the schedule of classes.
J. Degree and certificate programs have been approved by the State Chancellor's Office and
courses that make up the PROGRAM are pati of the approved program.
k. Client or District. as determined by District and as set out in Exhibit A. will maintain
permanent records of student attendance, grades and achievement. Records will be open for
review at all times by college officials and submitted on a schedule developed by the District.
I. District does not receive full compensation for the direct education costs of the PROGRAM
courses from any public or private agency. individual or group.
m. Client agrees that the instructional activity in the PROGRAM will not be fully funded by other
sources.
n. For courses located outside the boundaries of District, District will comply with Title 5
(sections 5530 et seq.) concerning approval by adjoining high school or community college
districts and use of non-district facilities.
Ed s~n _ Agn11111_ Ci1y or Carlshad_RL'\ I 0-1-+-::!ll i ') 2 of 8
o. For courses held at a high school campus the class will not be held during the time the campus
is closed to the general public. as defined by the governing board of the school district during a
regularly scheduled board meeting.
4. PAYMENTS. The District will invoice Client per Attachment A.
5. GOVERNING LAW AND EXTENT OF AGREEMENT. This Agreement. including all exhibits
attached hereto and incorporated herein by reference. shall be construed in and governed by the laws of
the State of California and constitutes the sole agreement of the parties hereto and correctly states the
rights. duties and obligations of each party. Any prior agreement, promises, negotiations. or
representations between the parties not expressly stated in this document are of no force or effect. In the
event of a conflict between the terms and conditions set forth herein and those in the exhibits attached
hereto, the terms and conditions set forth herein shall prevail.
6. INDEPENDENT CONTRACTORS. It is understood that this is an Agreement by and between
independent contractors and is not intended to, and shall not be construed to, create the relationship of
agent. servant. employee. partnership, joint venture of association, or any other relationship whatsoever
other than that of independent contractor. Except as the Client may specify in writing. District shall have
no authority. expressed or implied, to act on behalf of the Client in any capacity whatsoever. District
shall have no authority. expressed or implied. pursuant to this Agreement to bind the Client to any
obligation whatsoever.
7. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. The parties to this contract agree
to promote equal employment oppotiunities through its policies and regulations. This means that both
pa1iies will not discriminate. nor tolerate discrimination. against any applicant or employee because of
race. color. religion. gender. sexual orientations. national origin. age. disabled. or veteran status.
Additionally. the paiiies will provide an environment that is free from sexual harassment. as well as
harassment and intimidation on account of an individual's race, color, religion, gender, sexual
orientation, national origin, age, disability, or veteran status.
8. LIABILITY AND INSURANCE. Each pa1iy shall be responsible for all damages to persons or prope1iies
that occur as a result of their or their employees fault or negligence in connection with this Agreement.
SA.C-19-070
District maintains insurance to provide the following:
• General liability coverage with limits of at least One Million Dollars ($1,000,000) for each
occurrence and Two Million Dollars ($2,000,000) aggregate.
• Workers' compensation and disability coverage as required by law:
• Automobile Liability covering all owned, non-owned and hired vehicles with combined single
limit for bodily injury and/or prope11y damage of not less than One Million Dollars
($1,000,000);
The District shall provide Client with ce11ificate(s) evidencing the foregoing coverage. District shall
provide at least thirty (30) days prior written notice to Client of any substantial change to or cancellation
of said coverage.
Ed_Sl'n_Agrmnt_Cit, ofCarlsbad_Rc, Hl-1-1-201') 3 of 8
Client shall maintain a program of insurance or self-insurance to provide general liability coverage. with
limits of at least One Million Dollars ($1.000,000) for each occurrence and Two Million Dollars
($2,000,000) in the annual aggregate and workers· compensation insurance as required by California
law. Client shall provide Certificates of Insurance at least thirty (30) days prior written notice to Client
of any substantial change to or cancellation of said coverage.
9. INDEMNIFICATION.
The District hereby agrees to defend, indemnify and hold hannless the Client, its directors, officers,
agents and employees from and against claims, losses, liabilities, expenses (including reasonable
attorneys' fees), judgments or settlements arising from injury to person or prope11y, including death
arising from any negligence on the pm1 of District, its Instructors, agents or employees in
connection with or arising out of the acts or omissions in services perfonned under this agreement
or any breach or default in perforn1ance of any of the District's obligations hereunder.
Client hereby agrees to defend. indemnify and hold hannless the District, its Board of Trustees,
employees, agents, and officers from and against claims, losses, liabilities, expenses (including
reasonable attorneys' fees), judgments or settlements arising from injury to person or prope11y,
including death arising from any negligence on the pai1 of the Client, its parents, subsidiaries,
directors, officers, agents and employees in connection with or arising out of the acts or omissions
in services perforn1ed under this Agreement or any breach or default in performance of any of the
Clent' s obligations hereunder.
10. FORCE MAJ EURE. Neither party shall be responsible for delays or failure in performance resulting
from acts beyond the control of such parties. Such acts shall include. but not be limited to. Acts of God.
labor disputes. civil disruptions. acts of war. epidemics. fire. electrical power outages. earthquakes or
other natural disasters.
11. DISPUTE RESOLUTION. Should any dispute arise out of this Agreement. the parties agree to meet in
mediation and attempt to reach a resolution with the assistance of a mutually agreed upon mediator. The
mediation process shall provide for the selection. within fifteen ( 15) days of either patiy notifying the
other of the existence of a dispute. by both patiies of mediator and shall be concluded within fo1iy-five
(45) days from the commencement of the mediation unless extended by stipulation of both patiies.
If a mediated settlement is reached. neither patiy shall be the prevailing pa1iy for the purposes of the
mediated settlement. Each party agrees to bear an equal quota of the expenses of the mediator.
A patiy that refuses to patiicipate in mediation or refuses to pa1iicipate in the selection of a mediator
cannot file a legal action. The non-refusing patiy shall be permitted to file a legal action immediately
upon the other patiy's refusal to patiicipate in mediation or the selection of a mediator.
12. SEVERABILITY. Should any part of this Agreement be declared through a final decision by a cou1i or
tribunal of competent jurisdiction to be unconstitutional. invalid. or beyond the authority of either patiy to
enter into or to carry out. such decision shall not affect the validity of the remainder of this Agreement.
which shall continue in full force and effect. provided that the remainder of this Agreement. absent the
unexercised po1iion. can be interpreted reasonably to give effect to the intentions of the pa1iies.
SAC-19-070
Ed Scn_Agrmnt_ City ol'Carl,bad_ R,·, I0-1-1-20 I'> 4 of 8
13. WAIVERS. No waiver of default by either patiy of any terms or conditions hereof to be performed,
kept, or observed by either patiy shall be construed to be or act as a waiver of any subsequent default
of any of theterms and conditions herein contained.
14. NOTICES. Any notices to be given hereunder by either patiy to the other may be effectuated only in
writing and delivered either by personal deliver, or by U.S. mail. Mailed notices shall be addressed to
the persons at the address set fotih below. Notices delivered personally will be deemed communicated
as of actual receipt; mailed notices will be deemed communicated as of five (5) days after mailing.
If to District:
Rancho Santiago Community College District
Attn: Vice Chancellor, Business Operations/Fiscal Services
2323 N01ih Broadway
Santa Ana, California 92706
With a copy to:
Santa Ana College
Attn: Terri Wann -Wellness Program
1530 W. 1711' Street
Santa Ana, CA 92706
If to Client:
City of Carlsbad Fire and Police Depatiments
2560 Orion Way
Carlsbad, CA 92010
15. CAPTIONS. Any captions to or headings of the atiicles, sections, subsections, paragraphs, or
subparagraphs ofthis Agreement are solely for the convenience of the patiies, are not a pati of this
Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or
any provision hereof.
16. COUNTERPARTS. This Agreement may be executed in any number of counterpatis, each of which
shall be deemed an original, but all such counterpatis together shall constitute one and the same
instrument.
17. EXECUTION. By their signatures below, each of the following represents that they have authority to
execute this Agreement and to bind the pa1iy on whose behalf their execution is made.
SAC-19-070
Ed_ Sen_ Agrnmt_ City or Carlsbad_ Re, 111-14-211 I lJ 5 of 8
Agency: City of Carlsbad Fire and Police
Depa11ments
Signature: ~
Name: Mike Calderwood
Title: Fire Chief
Date:
Br._~~~~===:::..---
Asst/Deputy City Attor ey
City of Carlsbad, CA
SA.C-l'J-070
Ed Sen_ Agrnmt_ Cit) ol"Carbhad Re·, 111-1-l-211 I</ 6 of 8
District: Rancho Santiago Community College rns1 ~
Signature:
Name: Peter J. Hardash
Title: Vice Chancellor
Business Operations/Fiscal Services
Date:
Exhibit A
Scope of Work and Detailed Schedule of Payment.
Santa Ana College will provide a comprehensive Wellness Class for the Client. This class will include a
fitness assessment, an individual fitness profile for each student, and a minimum of four lectures/workshops
on health, exercise programing, and nutrition topics. All classes and assessments will be scheduled at a
mutually acceptable time.
The Fitness Assessment includes a graded exercise test on a treadmill to detennine aerobic fitness, various
strength and flexibility tests to measure muscle fitness, and body composition evaluation to detennine percent
body fat. Resting and exercise I 2 lead ECGs and blood pressure measurements, as well as pulmonary
function testing measurements, are included in the individual fitness profile. This is a fitness assessment not a
medical evaluation; the college does not provide medical review of the results. All patiicipants are
encouraged to take their individual profile results to their personal doctor for review by a medical
professional.
The lectures/workshops are given throughout the duration of the Wellness Class, which runs for
approximately a one-year period. The classes are repeated for up to four times for each shift depending on the
individual depmimenfs training calendar. Students in the Wellness Class have access to registered dieticians,
exercise physiologists, and injury prevention specialist while enrolled in the wellness class.
The fitness evaluation, student profiles, workshops, lectures and access to professionals in the field, assist the
individual wellness student in assessing their overall physical fitness and wellbeing. Using the information
from this class, the student will be able to develop an exercise program and make healthy lifestyle choices to
enhance their overall health and fitness.
The client has the option to include blood testing with an independent blood lab. If blood work is completed
the blood data will be included in the students fitness profile booklet. The specific blood tests ordered and
the costs will be covered, independently from this contract, with the provider lab. The Client will be
responsible for any costs associated with the blood draw. To be paid directly to the lab.
SA.C-19-070
Ed_Scn _Agrnml_ City pf Carbbad_Rc, 111-1-l-211 J <J 7 of 8
Fees and Expenses
The fee to be paid by Client to the District for the services and materials to be supplied hereunder is:
Wellness Class and Evaluation
Course Enrollment (per student):
Tuition for a 11011-C A resident
Material fee:
Total Cost per student:
Total Cost per student
$92.00
$662.00
$12.00
$104.00
$674.00 11011-C A resident
Invoices. The District shall invoice the Client at the conclusion of each class, supplying mutually acceptable
documentation of student contact hours for each class. Invoices shall be paid on a "'net 30-day basis".
SAC-19-070
Ed_S.:n_Agnnnt_Cit~ ofCarl,bad_R-' 10-1-1-201'1 8 of 8
EVIDENCE OF COVERAGE I DATE (MMIDDIYYYY)
11/14/2019
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed below.
MEMORANDUM NUMBER: 77
JOINT POWERS AUTHORITY (JPA) JPA MEMBER
Alliance of Schools for Cooperative Insurance Programs Rancho Santiago Community College District
16550 Bloomfield Avenue 2323 North Broadwa~
Cerritos, CA 90703 Santa Ana CA 9270
wwwASCIP.org
CONTACT NAME: Mr. Fritz J. Heirich, Chief Executive Officer
PHONE: (562) 404-8029
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have
been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages
described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages.
TYPE OF COVERAGE ADDL MEMORANDUM NUMBER (MOC) POLICY EFF POLICY EXP LIMIT OF LIABILITY/ COVERAGE INSR (MM/DD/YYYY) 12:01a.m.
GENERAL LIABILITY COMBINED SINGLE LIMIT PER OCCURRENCE s $5,000,000
~ocwaarnu ✓ MOC #77 7/1/2019 7/1/2020 AGGREGATE s N/A
Personal lnjurt s
Errors & Omission s
Emglotment Practices s
/
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT PER OCCURRENCE s $5.000,000 ~ '"'°'°''"' '"""" """ MOC #77 7/1/2019 7/1/2020 ACTUAL CASH VALUE s
COMPREHENSIVE I COLLISION s
ANY AUTO s
Owned Auto s
Hired Auto s
./
PROPERTY REPLA.CEMENT COST SUBJECT TO POLICY LIMITS TERMS
AND CONDITIONS u """ rn>G < cc;e' 0,('0 s
FIRE. THEFT. RENTAL INTERRUPTION s
s
s
WORKERS COMPENSATION N/A EACH ACCIDENT s $2,000,000
AND EMPLOYERS' LIABILITY W WC STATUTORY LIMITS MOC #77 7/1/2019 7/1/2020 PER EMPLOYEE s $2,000,000
POLICY LIM IT s $2,000,000
OTHER SUBJECT TO POLICY LIMITS. TERMS. AND CONDITIONS u rnecom ms"""'°" ,rn,,e s
s
s
s
ADDITIONAL REMARKS:
As respects to Wellness Class section number 81663 (contract# SAC-19-070) 11/14/19 -11/11/20
CERTIFICATE HOLDER CANCELLATION
Should any of the above coverages for the Covered Party be changed or withdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
Certificate Holder, but failure to mail such notice shall impose no obligation or liability of
City of Carlsbad any kind upon ASCIP, its agents, or representatives.
Attn: Cindy Anderson
2560 Orion Wa~ ~✓-~ Carlsbad CA 2010
AUTHORIZED REPRESENTATIVE: Fritz J Heirich
~ ASCIP 1s a joint powers authority pursuant to Article 1 (commencing with Section 65001 Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code Rev S-(J7
I -~ I
Additional Covered Party Endorsement
District: Rancho Santiago Community College District
Endorsement No.
52349045
Additional Covered Party: Description of Operations, Vehicle, or Property:
City of Carlsbad As resQects to Wellness Class section number 81663 (contract# SAC-19-070) 11/14/19 -11/11/20
Coverage Period: Effective: 7/1/2019 Expires 12:01 a.m.: 71112020
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above
in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCII' in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent.
In issuing this endorsement. /\SCI!' intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the
Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims.
demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the 1\SCIP
MOC. The limits of liability extended to the Additional Covered Pa11y listed above is $5,000,000 per occurrence for liability.
Authorized Representative:
Date Issued: 11/14/2019
ASCII' is a_joint po\\ers authority pursuant to Article I (commencing \\ith Section 6500) of Chapter 5 ofDi\ision 7 of Title I ofthe Cio\ernmcnt
( 'ode and Sections 39603 and 81603 of the Fducation Code.
Re\ 5!97