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HomeMy WebLinkAboutMINUTES - 06031997 - C76 TD BOARD OF.SUPERVISORS FRM: Allen Little, Fire Chief , �"* ,,•,, tt Coga DATE. June 3, 1997 suB kcT: Master Agreement and On-Site Supervisor Agreement between Contra Costa County Fire Protection District and Contra Costa Community College District SPECIFIC REQUEST(S) OR RECOMENDAT I ON(S) & BACKGROUND AND JUST I F I CATION RECOMMENDATION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Chair, Board of Directors of the Contra Costa County Fire Protection District (CCCFPD) to enter into a Master Agreement with the Contra Costa Community College District (CCCCD) for the purpose of CCCCD providing affiliated educational courses for CCCFPD; and to enter into an On-Site Supervisor Agreement with the CCCCD in.which CCCFPD will provide needed supervisory services to CCCCD. FINANCIAL IMPACT: The Master Agreement will enable the CCCFPD to receive a modest amount of revenue, approximately $1,000 for student/recruit firefighter, from CCCCD. The On-Site Supervisor Agreement is non-financial. BACKGROUND/REASONS FOR RECOMMENDATION: When hiring entry level firefighters, the CCCFPD conducts a 12-week training academy for these recruit firefighters to provide them with basic training in fire protection and emergency medical care. Upon successful completion of training academy, they are assigned to fire stations where they respond to various emergencies including structure fires, wildland fires, medical calls, vehicle accidents and hazardous material. incidents. The Master Agreement will allow the CCCFPD to receive some revenue while its recruit firefighters are attending the 12-week training academy. By having the training academy's course content become approved by and affiliated educational courses of the CCCCD, even though CCCFPD staff still conducts the training academy in essentially the same manner as it has in the past, the CCCCD will pay the CCCFPD approximately $2.40 per student instructional hour that is eligible for State general apportionment. This means that the CCCFPD will receive from CCCCD approximately $1,000 per student/recruit firefighter for completing the training academy. Additionally, the recruit firefighters will receive college credit for completing the training academy. i The non-financial On-Site Supervisor Agreement provides for an employee of the CCCFPD to also become an uncompensated, at-will temporary academic employee of the CCCCD for the purpose of providing the CCCCD with needed supervisory services in regard to instruction for classes offered by the CCCCD in cooperation with the CCCFPD. Among other things, the supervisory services include ensuring that training time is expended in full compliance with the course objectives determined by the CCCCD; ensuring accurate and current daily student attendance records; and ensuring the accurate calculation of final student grades and the prompt submission of them to CCCCD. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD, COMMITTEE APPROVE �- OTHER SI ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS 18 A TRUE UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE 161INOTES OF THE BOARD ABSENT: . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contaet: Jerry Fender, 930-5563 ATTESTED _�- 9 1 �� cc: County Adininistrator PHIL BATCHELOR. CLERK'OF THE samo OF Contra Costa County Fire Protection District SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contra Costa Community College District BY ,DEPUTY 3 C co Ncl. 4777 MASTER AGREEMENT BETWEEN CONTRA COSTA COMMUNITY COLLEGE DISTRICT AND CCC FIRE PROTECTION DISTRICT This agreement is made and entered into by and between the CONTRA COSTA COMMUNITY COLLEGE DISTRICT, (hereinafter referred to as COMMUNITY COLLEGE DISTRICT), and the FIRE PROTECTION DISTRICT, (hereinafter referred to as FIRE PROTECTION DISTRICT), for the purpose of outlining the duties and responsibilities of each party as they relate to providing affiliated educational courses for the FIRE PROTECTION DISTRICT. COMMUNITY COLLEGE DISTRICT and FIRE PROTECTION DISTRICT mutually agree as follows. I. RESPONSIBILITIES OF THE COMMUNITY COLLEGE DISTRICT A. COMMUNITY COLLEGE DISTRICT shall offer approved educational courses through its various programs to meet the needs of the Fire Protection District Training Program. B. COMMUNITY COLLEGE DISTRICT shall provide a coordinator to work with the Fire Protection District's Training Center Commander. Said coordinator shall act as the Training Center Co-Director for all COMMUNITY COLLEGE DISTRICT- affiliated educational courses. Instruction shall be under the immediate supervision and control of the coordinator. Under no circumstances, however, shall the coordinator have authority over the remaining operations of the Training Center, including, but not limited to, personnel issues concerning FIRE PROTECTION DISTRICT employees, operational budget, or the use, maintenance, or scheduling of FIRE PROTECTION DISTRICT facilities. C. COMMUNITY COLLEGE DISTRICT shall assist the FIRE PROTECTION DISTRICT in registration and other support services to students in order to adequately manage and control its course offerings. The enrollment period and student fees for those educational courses shall coincide with the enrollment period and fees provided by the District for its other course offerings. D. COMMUNITY COLLEGE DISTRICT shall approve of the selection of instructors, facilitator, and evaluate the quality of instruction to ensure that it meets the needs of the students and the accreditation requirements of the COMMUNITY COLLEGE DISTRICT. District is responsible for the educational programs conducted under this J Agreement. 1 r•' E. COMMUNITY COLLEGE DISTRICT shall ensure that course offerings meet all appropriate State of California Code of Regulations (hereinafter referred to as Title 5) and State of California Education Code (hereinafter referred to as Education Code) requirements. F. COMMUNITY COLLEGE DISTRICT shall consult the FIRE PROTECTION DISTRICT on any revisions to existing COMMUNITY COLLEGE DISTRICT courses,initiation of new courses, or any other changes, in order to ensure the quality of educational services and to meet the needs of the FIRE PROTECTION DISTRICT. G. COMMUNITY COLLEGE DISTRICT shall provide the use of its facilities, free of charge, for use by the FIRE PROTECTION DISTRICT, on an as needed, space available basis for affiliated programs. COMMUNITY COLLEGE DISTRICT shall attempt to provide use of said facilities during normal business hours. In the event of scheduling conflicts which require the use of COMMUNITY COLLEGE DISTRICT'S facilities by FIRE PROTECTION DISTRICT after normal business hours, FIRE PROTECTION DISTRICT agrees to pay for the use of said facilities at the COMMUNITY COLLEGE DISTRICT- approved fee policy for other affiliated programs. II. RESPONSIBILITIES OF THE FIRE PROTECTION DISTRICT A. FIRE PROTECTION DIS'T'RICT shall provide classroom space at the Contra Costa County Fire Protection District's Training Center, and other FIRE PROTECTION DISTRICT facilities, for use as off-campus sites by the COMMUNITY COLLEGE, free of charge for affiliated programs. B. FIRE PROTECTION DISTRICT shall provide instructors, facilitator, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct the COMMUNITY COLLEGE DISTRICT'S affiliated educational programs. C. FIRE PROTECTION DISTRICT shall provide supervision and evaluation of students in accordance with the accreditation requirements of the COMMUNITY COLLEGE DISTRICT. D. FIRE PROTECTION DISTRICT shall cooperate with the COMMUNITY COLLEGE DISTRICT to ensure that all personnel, equipment, and materials used in carrying out its responsibilities under this contract conform to the Education Code and Title 5 mandated standards governing instructional programs, including class hours sufficient to meet performance objectives. E. FIRE PROTECTION DISTRICT shall use the money received as compensation for services under this contract for educational and training related purposes as they relate to public safety courses. 2 =-' - F. FIRE PROTECTION DISTRICT shall assist the COMMUNITY COLLEGE DISTRICT in collecting all instructional fees associated with the class offerings under this contract by providing a listing of students by name scheduled to attend each course. G. FIRE PROTECTION DISTRICT shall maintain records of student attendance and achievement. These records will be open for review at all times by officials of the COMMUNITY COLLEGE DISTRICT. III. PAYMENT FOR SERVICES A. In consideration for the services provided hereunder COMMUNITY COLLEGE DISTRICT shall pay the FIRE PROTECTION DISTRICT $2.40 per student instructional hour that is eligible for state general apportionment. B. For fiscal year 1997-98 said hours shall not exceed 262,500 or 500 FTES unless mutually agreed prior to September 30. C. Any subsequent years student instructional hour cap shall be determined at least sixty (60) days prior to the start of the next fiscal year. D. COMMUNITY COLLEGE DISTRICT shall pay the FIRE PROTECTION DISTRICT upon submission of valid invoices as follows: 1. An initial payment will be made approximately February 15 of each year. 2. Final payment shall be made approximately August 1 of each year. 3. Payments will be net of any FIRE PROTECTION DISTRICT-approved COMMUNITY COLLEGE DISTRICT expense such as instructors, facilitators, evaluators, equipment, and supplies as noted in II B. E. Instructional hours are defined as those hours that are reported on the COMMUNITY COLLEGE DISTRICT'S CCFS-320,California Community Colleges Apportionment Attendance Reports, and are subject to audit by the COMMUNITY COLLEGE DISTRICT'S independent auditor,the FIRE PROTECTION DISTRICT, and the California Community Colleges Chancellor's Office. IV. MISCELLANEOUS A. If any of the provisions of this contract are found to be, or become contrary to State law or regulations or court decisions, COMMUNITY COLLEGE DISTRICT and FIRE PROTECTION DISTRICT agree that the contract shall be renegotiated as it relates to said provision, without affecting the balance or intent of this contract. B. The COMMUNITY COLLEGE DISTRICT agrees to indemnify and hold harmless the FIRE PROTECTION DISTRICT and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from COMMUNITY 3 COLLEGE DISTRICT'S acts, errors or omissions and for any cost or expense incurred by the FIRE PROTECTION DISTRICT on account of any claim therefor. C. The FIRE PROTECTION DISTRICT agrees to indemnify and hold harmless the COMMUNITY COLLEGE DISTRICT and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from FIRE PROTECTION DISTRICT'S acts, errors or omissions and for any cost or expense incurred by the COMMUNITY COLLEGE DISTRICT on account of any claim therefor. D. The term of this agreement shall be for a period of time commencing on May 1, 1997 and terminating on June 30, 1998. This agreement may be extended for additional periods of one (1) year upon agreement in writing by both parties. Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, upon written notice given to the other party at least sixty (60) days prior to end of the term in which classes are currently in session. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. Neither party shall incur any liability to the other by reason of such termination. E. If students withdraw prior to completion of a course, the COMMUNITY COLLEGE DISTRICT shall pay only for the instructional hours which the student completed which are eligible for state apportionment. Any and all notices required to be given hereunder shall be deemed given when personally delivered or deposited in the U.S. mail, certified, postage prepaid to the following address: DISTRICT: Contra Costa Community College District 500 Court Street Martinez, CA 94553 COUNTY: Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523 CONTRA COSTA COMMUNITY CONTRA COSTA COUNTY COLLEGE DISTRICT FIRE PROTECTION DISTRICT �a j ,71 V-ie&4hanceUor /Sst s'-e,. Chairman of the Board of Supervisors Business-Sem 4/24/97 4 /,f o `7 7 LJ CONTRA COSTA COMMUNITY COLLEGE DISTRICT LOS MEDANOS COLLEGE 500 Court Street Martinez, CA 94553 AGREEMENT FOR SERVICES CCC FIRE PROTECTION DISTRICT ON-SITE SUPERVISOR This agreement is made and entered into this 3 Q! day of:e'N E 19J 7, by three parties: The Contra Costa Community College District (hereinafter the "COMMUNITY COLLEGE DISTRICT"), the Contra Costa County Fire Protection District (hereinafter the "FIRE PROTECTION DISTRICT') and. Fl?k 0 wA7-7s` (hereinafter the "FIRE DISTRICT'S ON-STYE SUPERVISOR") an employee of the County who is being assigned to the COMMUNITY COLLEGE DISTRICT on a part-time basis pursuant to Title 5, California Code of Regulations, Section 58058(b), and shall be an employee of the COMMUNITY COLLEGE DISTRICT on a limited basis during this part-time assignment pursuant to this Agreement. RECITALS WHEREAS, the COMMUNITY COLLEGE DISTRICT needs supervisory services with regard to instruction for classes offered by the COMMUNITY COLLEGE DISTRICT in cooperation with the FIRE PROTECTION DISTRICT, subject to the terms and conditions set forth in the separate master agreement between the FIRE PROTECTION DISTRICT and the COMMUNITY COLLEGE DISTRICT; and, WHEREAS,the FIRE PROTECTION DISTRICT has duly qualified employees who can competently provide supervisory services with regard to instruction for classes offered by the COMMUNITY COLLEGE DISTRICT in cooperation with the FIRE PROTECTION DISTRICT; and, WHEREAS,the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR agrees to be assigned to the COMMUNITY COLLEGE DISTRICT as an at-will and uncompensated temporary academic employee of the COMMUNITY COLLEGE DISTRICT to competently provide executive services with regard to instruction for classes offered by the COMMUNITY COLLEGE DISTRICT in cooperation with the FIRE PROTECTION DISTRICT; and, 1 WHEREAS, the authority for this Agreement includes Title 5, California Code of Regulations, Section 58058(b); NOW THEREFORE, the three parties to this Agreement hereby agree as follows: 1. The FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is an employee of the FIRE PROTECTION DISTRICT who shall meet "Minimum Qualifications" for the academic position of FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR as established by the COMMUNITY COLLEGE DISTRICT and as determined by the COMMUNITY COLLEGE DISTRICT. 2. The FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is professionally and specially trained and competent to provide the supervisory services required by the COMMUNITY COLLEGE DISTRICT. 3. While the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is performing the required supervisory services for the COMMUNITY COLLEGE DISTRICT, the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR shall be under the direct control and direction of the COMMUNITY COLLEGE DISTRICT, and shall be a temporary academic employee of the COMMUNITY COLLEGE DISTRICT. The COMMUNITY COLLEGE DISTRICT retains the sole right to select, assign, evaluate, discipline and terminate the FIRE PROTECTION DISTRICT'S ON-SITE Supervisor at any time. 4. The FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR shall be an at- will and uncompensated temporary academic employee of the COMMUNITY COLLEGE DISTRICT during the hours of assignment to the COMMUNITY COLLEGE DISTRICT and may be terminated at any time for any reason and without cause by the COMMUNITY COLLEGE DISTRICT. 5. The FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR'S responsibilities and duties as an employee of the COMMUNITY COLLEGE DISTRICT shall include, but are not limited to, the following: a. Ensure that training time is expended in full compliance with the course objectives determined by the COMMUNITY COLLEGE DISTRICT. b. Ensure the safety and well-being of students. C. Ensure the proper coordination of the delivery of instruction in order to achieve full compliance with STATE FIRE MARSHALL'S regulations. 2 d. Ensure continued physical presence at the work place assigned by the COMMUNITY COLLEGE DISTRICT during all hours of the assignment as an employee of the COMMUNITY COLLEGE DISTRICT. e. Ensure the accuracy of all information on all time sheets of technical officers and facilitators. f. Ensure the immediate notification to the Co-director of a student drop rate. g. Ensure the proper and timely assignment, scheduling and notification of facilitators. h. Ensure the complete, accurate and timely evaluation of facilitators. i. Ensure regular attendance at periodic staff meetings with the COMMUNITY COLLEGE DISTRICT employee who serves as Co-director. j. Ensure that all handouts prepared or utilized by facilitators are appropriate prior to submitting them to the Co-director for approval. k. Ensure accurate and current daily student attendance records. 1. Ensure the effective use of instructional methods, technology, testing and remediation. In. Ensure the proper administering and scoring of Learning Domain tests. n. Ensure the accurate calculation of final student grades and the prompt submission of them to the Co-director within two weeks of course completion. o. Ensure the competent and prompt completion of all other assigned duties. 6. The COMMUNITY COLLEGE DISTRICT shall provide no compensation to the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR for any services rendered pursuant to this Agreement, but compensation shall be provided by the FIRE PROTECTION DISTRICT in accordance with its established and standard practices and including workers' compensation insurance. 7. For purposes of indemnification and defense of any claims, actions or lawsuits, the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR shall be considered an employee of the COMMUNITY COLLEGE DISTRICT only during those times when the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is actually performing on behalf of the COMMUNITY COLLEGE DISTRICT the responsibilities and duties listed in this Agreement at the work place assigned by the COMMUNITY COLLEGE DISTRICT. 3 8. This Agreement may be terminated at any time by the COMMUNITY COLLEGE DISTRICT within the sole and exclusive discretion of the COMMUNITY COLLEGE DISTRICT upon written notice to the FIRE PROTECTION DISTRICT and the FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR. This Agreement may be terminated upon thirty (30) days prior written notice to the COMMUNITY COLLEGE DISTRICT by either the FIRE PROTECTION DISTRICT or the FIRE PROTECTION DISTRICTS ON-SITE SUPERVISOR within either's sole and exclusive discretion. FOR TkE CONTRA COSTA COMMUNITY CCC FIRE PROTECTION DISTRICT'S COLLEGE DISTRICT ON-SITE SUPERVISOR DATED: i 7 DATED: FOR CCC FIRE PROTECTION DISTRICT DATED: ATTEST: June 3, 1997 CHAIR, BOARD OF SUPERVISORS BY: DATE: June 3, 1997 4/24/97 4