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HomeMy WebLinkAboutItem 10f - Fire Department Instructional Service Agreement DATE: December 19, 2023 TO: Honorable Mayor and City Council FROM: Chen Suen, Fire Chief By: Maria Lourdes Taylor, Sr. Management Analyst SUBJECT: INSTRUCTIONAL SERVICE AGREEMENT WITH RIO HONDO COMMUNITY COLLEGE DISTRICT TO SUPPORT FIRE DEPARTMENT TRAINING CEQA: Not a Project Recommendation: Approve SUMMARY The Fire Department requests authorization to enter into an Instructional Services Agreement (“ISA”) with Rio Hondo Community College District (“District”) to support Fire Department training. It is recommended that the City Council approve, authorize, and direct the City Manager to enter into an Instructional Services Agreement (“ISA”) with Rio Hondo Community College District on behalf of the Arcadia Fire Department (see Attachment). BACKGROUND The Fire Department’s Training Division plans and conducts in-service training for full- time Fire Personnel throughout the year. Training topics include those that are mandated by regulatory agencies such as the California Occupational Safety and Health Administration (“Cal-OSHA”) and guided by organizations such as the National Fire Protection Association and Insurance Services Office (“ISO”). Additionally, certain technical skills require annual recertification, which may include classroom instruction and simulated manipulative exercises. Instructional Service Agreements were created by the State Chancellor’s Office (“State”) to provide college-level credit for certain mandated training for public agencies each year. There is an understanding that the level of training in these sectors meets the level of education required for community college courses. It was also determined that this training, through special contracts, would allow community colleges to provide credits to employees/trainees of the agencies. Essentially, through partnerships between public agencies and colleges, these agreements provide specific training and services that Instructional Services Agreement with Rio Hondo Community College District December 19, 2023 Page 2 of 3 foster lifelong learning and skills that serve local and regional needs. Individuals with specific expertise and training can teach courses that are approved through the college’s curriculum approval process. Students successfully completing these courses can receive college credits. DISCUSSION The ISA benefits the Fire Department by providing a resource to undertake training, while receiving college credit for such effort and reimbursing instructors for their efforts and time. Under the ISA, the Arcadia Fire Department will receive a monetary standard rate of training per hour, per person. Arcadia Fire personnel will be the designated students indicated in the ISA. Fire Department personnel who are approved as instructors by Rio Hondo Community College and qualified to teach particular subjects (e.g. EMS, fire technology, and wildland) will provide the applicable training. Documenting the subjects and hours spent on training will be the responsibility of the on-duty Fire Captain, which will be verified by the on-duty Battalion Chief for each of their respective shifts. The responsibility of submitting training records on a semi-annual basis to the District will be assigned to the Battalion Chief overseeing the Training Division. These training record hours, which correlate to the terms of the ISA, will be converted by the District into academic credits. In turn, Rio Hondo Community College shall remit payment to the Fire Department semi-annually, based on the Arcadia Fire Department’s (“AFD”) apportionment funding. Rio Hondo Community College District will be eligible to receive funding from the State on a per student basis for each eligible AFD enrolled student. Accordingly, for each student enrolled in this program, the District will split credit and/or non-credit apportionment revenue received for this program from the State whereby 25% will go to the Fire Department and 75% will go to the District. This apportionment revenue split is the standard by which other participating fire agencies in the area receive funding pursuant to their agreement with the Rio Hondo Community College District, including Sierra Madre Fire Department and Santa Fe Springs Fire Department. Participation in the program will provide a new source of revenue for the Fire Department – not previously available. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that they will have no impact on the environment. Instructional Services Agreement with Rio Hondo Community College District December 19, 2023 Page 3 of 3 FISCAL IMPACT Participation in the program will not result in any additional costs to the City. Alternatively, this program involves revenue generation through cost recovery of the Fire Department’s existing training expenses. The Rio Hondo Community College District will receive apportionment revenue from the State for this program. Although the exact amount is not fully known at this time, the Fire Department will receive a 25% split of the apportionment revenue received for this program. The City currently provides this training without reimbursement; therefore, any revenues received will be new revenues to the City paid by the State. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to enter into an Instructional Services Agreement (ISA) with Rio Hondo Community College on behalf of the Arcadia Fire Department. Attachment: Instructional Services Agreement Instructional Services Agreement Page 1 of 6 City of Arcadia - Fire Department Rio Hondo Community College 3600 Workman Mill Road Whittier, CA 90601 Phone: 562/908-3413, Fax: 562/463-7020 Instructional Service Agreement This Agreement made and entered Between the Rio Hondo Community College District, hereinafter referred to as the "District", and the City of Arcadia - Fire Department hereinafter referred to as the "CAFD". W I T N E S S E T H: Article I - Recitals. Whereas, the District will provide vocational education programs, for selected eligible students of the District, including CAFD members (including fire department personnel and other first responders) through this Agreement. The District has the authority under Education Code Section 70902 to establish and maintain education and service. Therefore, pursuant to California Education Code Section 8092, Title 5, California Code of Regulations 55600, et seq., the State Plan for Vocational Education, and the Federal Vocational and Applied Technology Education Act, the Rio Hondo Community College District Board of Trustees has determined, by resolution, the appropriateness of offering vocational education programs by contract. The specific courses of this instruction shall be mutually agreed upon, in writing, prior to the beginning of each academic year and shall be filed with this agreement; and Whereas, in accordance with Education Code Section 78021, the Board of Trustees of the Rio Hondo Community College District, may establish, contract education programs within or outside the state by agreement with any public or private agency, corporation, association, or any other person or body, to provide specific educational programs or training to meet the specific needs of these bodies; and Whereas, it is mutually agreed that both the CAFD and the District will insure that ancillary and support services are provided for the students (e.g. Counseling and Guidance, Placement Assistance); and Whereas, the District does hereby certify that it does not receive full compensation for the direct education costs of the course(s) from any public or private agency, individual or group; and Whereas the District and CAFD desire to enter into an agreement concerning the calculation and payment of costs pursuant to Labor Code Section 3074 and Education Code Section 81160, Attachment Instructional Services Agreement Page 2 of 6 City of Arcadia - Fire Department Now and therefore, in consideration of the conditions, covenants, terms, agreements, and recitals contained herein, it is mutually agreed as follows: Article II - Classes. The courses of instruction and the outlines of record for such courses are described as but limited to: A. Wild Land B. EMS C. Fire Technology These courses have been approved by the District’s curriculum committees as meeting Title 5 course standards and the courses have been approved by the Board of Trustees. The number of class hours are sufficient to meet performance objectives. Students may withdraw prior to completion of course or program: Article III - Responsibilities of the District. A. Instruction and Curriculum. 1. The District is responsible for obtaining certification verifying that the instructional activity to be conducted will not be fully funded by other sources. 2. The District will provide approved college curriculum for use in instruction provided under this agreement. 3. The District has the primary right to control and direct the activities of the instructional staff furnished by CAFD. 4. The District will register students and these records shall be available for review at all times. 5. Enrollment in the course(s) must be open to any person who has been admitted to the College/District and has met any applicable prerequisites (Title 5 Sections 51006 and 58106). 6. The District policy on open enrollment is published in the college catalogue, schedule of classes, and any addenda to the schedule of classes along with a description of the course and information about whether the course is offered for credit and is transferable (Title 5 Sections 51006 and 55005). 7. Degree and certificate programs are approved by the State Chancellor’s Office and courses that make up the programs are part of the approved programs, or the College/District has received delegated authority to separately approve those courses locally. 8. Records of student attendance and achievement will be submitted to and maintained by the District. Records will be open for review at all times by officials of the College/District and submitted on a schedule developed by the District. 9. Instruction to be claimed for apportionment under this Agreement is under the immediate supervision and control of an employee of the District who has met the minimum qualifications for instruction in vocational subject for a California Community College (Title 5, Section 58058). 10. Where CAFD’s Instructor is not a paid employee of the District, the District shall demonstrate control through such actions as providing the instructor with an orientation, instructor’s manual, Instructional Services Agreement Page 3 of 6 City of Arcadia - Fire Department course outlines, curriculum materials, testing and grading procedures, and any other materials and services it would provide to its hourly instructors on campus. 11. The District shall provide CAFD with list of minimum qualifications for instructors teaching the courses covered by this Agreement and that the qualifications are consistent with requirements in other similar courses given at the District. Article IV - Responsibilities of CAFD. A. Instruction and Curriculum. 1. All courses are open to enrollment by any student who has been admitted to the District subject to facility or other proper limitations on enrollment. 2. CAFD will maintain current accurate records of student attendance and progress, and consents to inspection by authorized representatives of the District, the California Community College Board of Governors, the Bureau of School Approval and other persons or entities as required by law. 3. All courses under this Agreement will meet applicable State Criteria and standard and/or approval. 4. CAFD shall organize and provide class schedules, monitor students, maintain records of work experience education and be responsible for apprentice evaluation and counseling regarding on-site work experience. 5. CAFD will provide instruction for students using approved curriculum provided by the District. 6. CAFD will require instructors to complete any training mandated by the State of California for instructor credentialing. 7. CAFD will provide but not be limited to guest lecturers, equipment, materials, day-to-day management support and other related services necessary to conduct these continuing education classes. 8. Where the instructor is not a paid employee of the District, the CAFD instructor will meet the appropriate qualifications as determined by the Rio Hondo Community College District. The District has the primary right to control and direct the instructional activities of the instructor. NOTE: The District will demonstrate control and direction through such actions as providing the instructor with an orientation, instructor’s manual, course outlines, curriculum materials, testing and grading procedures, and any other materials and services it would provide to its hourly instructors on campus. (Instructor may be required to sign a separate contract stating that the District has primary right to control and direct the instructor’s activities as they relate to this Agreement). 9. CAFD shall provide clerical support to maintain training records. 10. CAFD shall assist the District with student registration procedures, associated paperwork, and other support services to adequately manage and control the course curricula and CAFD student population. Instructional Services Agreement Page 4 of 6 City of Arcadia - Fire Department 11. CAFD shall provide funds for and administer instructor workshops. CAFD’s financial resources are adequate to ensure operation for the duration of this Agreement, and CAFD on a basis of sound administrative policies and adhere to Rio Hondo Community College District’s compliance with State Regulations: Titles VI and 1964; Title IX of the Education Amendments of 1972; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; and the Age Discrimination Act of 1990, and does not discriminate on the basis of race religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, gender, age, ethnic group identification, sexual orientation or status as a Vietnam-era veteran, in any of its policies, procedures, or practices. 12. CAFD Employment of Instructional Aids. Such personnel will be responsible for assisting instructors and placing all classroom equipment and materials in the training areas when needed by the instructors. They will assist the instructors in restoring the classroom area to a neat and orderly condition and in the return of equipment, and surplus materials to the proper storage areas after classes. 13. CAFD and all of CAFD’s members shall secure and maintain in force such licenses and permits that are required by law, in connection with the furnishing of materials, supplies, or services herein listed. B. Facilities, Equipment and Supplies. 1. CAFD shall provide and maintain classroom space at various facilities for use as off-campus sites by the District for mutually agreed upon courses to be provided to CAFD. 2. If said facilities are off-campus, they are hereby designated as off-campus facilities pursuant to Labor Code Section 3074. 3. Courses must be held at facilities which are clearly identified as being open to the general public (Title 5, Section 58051.5). 4. If the classes are to be located outside the boundaries of the District, the District must comply with the requirement of Title 5, Sections 55230 through 55232 concerning approvals by adjoining high school or community college districts and use of non-district facilities. 5. CAFD physical facilities meet requirements for state and local safety and health regulations and its equipment and instructional materials are adequate and suitable for the courses offered and the number of students in attendance. 6. CAFD shall provide instructional supplies and materials. Article V - General Provisions. A. This Agreement shall commence January 11, 2024, through January 10, 2028. B. This Agreement may be terminated by the other party providing a minimum sixty (60) Days written notice of their intent to terminate or not to renew the agreement. Renewal is subject to the terms of Article V.H. below. C. It is agreed that CAFD or any employee or agent of CAFD is acting as an independent entity and not as an agent or employee of the District. CAFD shall be solely responsible for the salaries and other benefits including Liability Insurance, Workers’ Compensation Insurance and or any other insurance coverage for personnel, cadets and students. Instructional Services Agreement Page 5 of 6 City of Arcadia - Fire Department D. Neither the District nor CAFD receives full funding for the instruction from the State or other sources. It is the intent of this Agreement that the District and CAFD combine their resources to provide the instruction that would not have been possible but for the combination of resources. The funds received/paid by either party under this Agreement must be more than a trivial amount used to augment the instruction program. E. The District shall pay CAFD on a semi-annual basis. CAFD shall submit and certify semi-annual statement and billing to the District, including a daily tally of certified training attendance hours by individual student enrollment utilizing the District attendance and training report forms. The per- student amount shall not exceed the total direct and indirect costs to provide the same training in the District. There shall be no additional tuition charged for any program included in the Agreement. Students must be certified to the District for attendance purposes during the preceding quarter at the CAFD’s place of instruction, be in good standing at the District, and demonstrate satisfactory progress in the coursework. F. The District will split credit and/or non-credit apportionment revenue received for this program from the State whereby: 1. 25% will go to CAFD and 75% will go to the District. 2. Payments under this apportionment will be made to City of Arcadia - Fire Department (CAFD). G. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CAFD without the prior written consent of both parties. H. When the following conditions exist, this Agreement may be cancelled by either said party hereto upon giving notice referred to in Article V.B. above. Such notice shall be personally served or given in the United States Mail. 1. Emergency conditions resulting from acts of GOD. 2. Non-performance of the terms of this Agreement I. It is agreed that the District will not withhold any Federal or State income tax from payment made pursuant to this contract but will provide CAFD with a statement of earnings at the end of each calendar year. J. CAFD certifies that CAFD is aware of the laws of the State of California requiring employers to be insured against liability for Worker's Compensation. CAFD shall provide workers’ compensation and professional liability insurance or self-insure its services. K. Except as otherwise expressly provided herein, CAFD and District shall defend, indemnify, and hold each other harmless from and against all claims, liability, loss and expense, including reasonable collection expenses, attorneys' fees and court costs, which may arise because of the negligence, misconduct, or other fault of the indemnifying party, its agents or employees in performance of its obligations under the Agreement. This provision shall survive termination of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. DISTRICT CAFD Instructional Services Agreement Page 6 of 6 City of Arcadia - Fire Department Rio Hondo Community College District City of Arcadia - Fire Department 3600 Workman Mill Road 710 S. Santa Ana Ave., Whittier, CA 90601 Arcadia, CA 91006 Signature: _____________________ Signature: _____________________ Stephen Kibui Chen Suen VP, Finance and Business Fire Chief Email: csuen@arcadia.gov Date: ________________ Date: _______________ RHCCD Board Approval: 01/10/2024