HomeMy WebLinkAbout09 - Inter-Agency Instructional Services Agreement with Rancho Santiago Community College DistrictQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 25, 2024
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director - 949-644-3650,
jtafford@nbpd.org
TITLE: Inter -Agency Instructional Services Agreement with Rancho
Santiago Community College District
/_1 16*1 d:7_T" IF
The Police Department requests City Council approval for an instructional services
agreement (Agreement) with the Rancho Santiago Community College District, acting on
behalf of the Santa Ana College Criminal Justice Academies (SAC). The five-year
agreement will enable SAC to compensate the City of Newport Beach for Commission on
Peace Officer Standards and Training (POST) training courses conducted by the Police
Department. The Agreement allows payment of fees up to $105,000 per fiscal year, for a
total of $525,000 over five years. Staff estimates training courses already planned in the
first year of the Agreement will generate new revenue of $78,000, with additional eligible
courses under consideration.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a five-year Inter -Agency Instructional Services Agreement with the Rancho
Santiago Community College District in an amount not -to -exceed $525,000, and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
POST regulations mandate several types of training for all peace officers and public
safety dispatchers in California, beginning with the basic peace officer and basic
dispatcher courses. POST also requires 24 hours of continuing professional training
(CPT) for peace officers and dispatchers every two years and POST is the primary
approving agency for hundreds of training courses that cover most law enforcement
duties. Specialized POST training courses are often required for special assignments and
duties, such as peer support, mounted enforcement, motorcycle officer, SWAT and field
training officer. POST reimburses participating agencies for costs incurred for employees
to attend POST training.
9-1
Inter -Agency Instructional Services Agreement with
Rancho Santiago Community College District
June 25, 2024
Page 2
POST training is conducted by several different providers throughout the state, including
community colleges, training consortiums, private firms, and individual law enforcement
agencies. SAC is one of the primary providers of law enforcement training in Orange
County, including the POST basic peace officer course at the Orange County Sheriff's
Academy.
Under the terms of the Agreement, the Police Department would become an independent
contractor to SAC and would be compensated for conducting several different types of
training courses, including POST courses, on behalf of SAC. Many of the POST courses
already conducted by the Police Department would become eligible for compensation
under the Agreement at a rate of $3.00 per student per hour. The Police Department
would receive this compensation as the training provider/host and will also receive
reimbursement of costs for employees attending POST training.
The Board of Trustees of the Rancho Santiago Community College District approved the
Agreement at its regular meeting on May 13, 2024.
FISCAL IMPACT:
Anticipated revenue in the first year of the Agreement is estimated at $78,000. $55,000
of this new revenue is included in the FY 2024-25 budget, and an additional $23,000 will
be added through an administrative amendment. Revenues will be posted to the Santa
Ana College account in the Police Department, 01035352-431285.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Inter -Agency Instructional Services Agreement with Rancho Santiago
Community College District
9-2
Attachment A
Inter -Agency Instructional Services Agreement with
Rancho Santiago Community College District
9-3
STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the Rancho Santiago Community College
District with its principle place of business located at 2323 North Broadway, Santa Ana,
California 92706 (District) on behalf of the Santa Ana College Criminal Justice Academies and
the City of Newport Beach, a California municipal corporation and charter city (Agency) on
behalf of the Newport Beach Police Department with its principle place of business located at 870
Santa Barbara Drive, Newport Beach CA 92660.
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, in consideration of the following covenants, conditions and
agreements, the parties hereto agree as follows:
1) TERM AND TERMINATION. This agreement shall be binding and deemed effective on
May 14, 2024 and shall remain in effect for five (5) years unless sooner terminated by
either party in accordance with this section.
a) Either party may terminate this Agreement without cause by giving thirty (30) days
prior written notice to the other party of its intention to terminate. In the event a
rotation is in progress, any written notice to terminate with or without cause shall
become effective at the expiration of the rotation.
b) In the event of a material breach of this Agreement, the aggrieved party may
terminate this Agreement by giving thirty (30) days' prior written notice of
termination to the breaching party. If the breach is not cured, the Agreement shall
terminate at the end of the thirty -day period.
c) Notwithstanding the foregoing, in the event the Program is discontinued by College
during its Term, this Agreement shall immediately terminate without further action by
the parties hereto.
2) AGENCY'S RESPONSIBILITIES:
a) Services. Agency is authorized to teach the following courses:
CJA 006B Arrest and Control Training / ACT
• CJA 007B Gangs, Cults, Subcultures, and Hate Crimes
SAC Contract # SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 1 of 8
E,
• CJA 009D Drug Trends, Identification, Packaging, and Symptomology
• CJA 01OB Supervision and Leadership
• CJA 015A Sergeants Patrol Transition Course
• CJA 026A Training Academy Preparation
• CJA 034B Brady for Law Enforcement
• CJA 034C Law Enforcement Update
• CJA 034E Continued Professional Training for Peace Officers
• CJA 035 Continued Professional Development Training for Civilians
• CJA 038A Tactical / Weapon Training
• CJA 038C Firearms - Sighting Systems
• CJA 038D Weapon Mounted Light Transition Course
• CJA 039A First Aid / CPR Refresher
• CJA 039B First Aid Refresher
• CJA 055A Driving / PSP
• CJA 060 Basic Police Motorcycle Operator Course
• CJA 060A Motorcycle Instructor Training Course
• CJA 060B Motorcycle Enforcement Update Course
• Other related courses approved by the Associate Dean, Criminal Justice
Academies and specific to Criminal Justice and all other approved Criminal
Justice related courses offered at Santa Ana College.
b) 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 District's minimum or equivalent qualifications for hiring as part-time
Criminal Justice Instructors. This expertise is furnished at the expense of the Agency.
The services include the use of their specialized equipment, facilities, all handouts,
and instructors with specific expertise.
c) Enrollment of Students: The District will supply current student enrollment forms to
the Agency who will return properly completed enrollment forms to the District prior
to beginning instruction.
SAC Contract # SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 2 of 8
9-5
d) Student Attendance Records. Agency will maintain records of student attendance and
achievement. Records will be open for review at all times by officials of the District
and submitted on a schedule developed by the District. Mutually acceptable
documentation of student contact hours and any changes thereto, shall be determined
by the Parties prior to each course
e) 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.
3) DISTRICT'S RESPONSIBILITIES
a) Educational Program. The educational program provided under this agreement is the
sole responsibility of the District. When a course is offered for credit, participants in
the course will earn academic credit in accordance with District policy regarding
eligibility, attendance, course work, examinations, and related policies and
procedures. Accordingly, District retains responsibility for the Program and/or
courses offered pursuant to this Agreement.
b) Supervise and Control Instruction. The instruction 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.
c) 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
Full time Equivalency Students (FTES) are reported. The agreement shall state that
the District has the primary right to control and direct the instructional activities of
Agency's instructor.
d) 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.
e) 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.
f) Courses of Instruction. It is the District's responsibility to ensure 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.
SAC Contract # SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 3 of 8
g) Different Section of Courses. District shall have procedures to ensure that faculty
teaching different sections of the same course teach in a manner consistent with the
approved outline of record for that course. Such procedures apply to the faculty and
courses that are the subject of this contract, and the students shall be held to a
comparable level of rigor.
h) 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.
i) Approval of Degree and Certificate Programs. District is responsible to ensure 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.
j) 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.
k) 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.
1) 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)
4) FEES
a) Agency Fee and Expenses. The fee to be paid by District for the services and
materials to be supplied hereunder is: $3.00 per student contact hour, not to exceed
35,000 student contract hours or one hundred and five thousand dollars ($105,000)
per fiscal year. Annual limits shall not be exceeded without the expressed written
permission from either the Dean of Human Services & Technology Division or by the
Associate Dean, Criminal Justice Academies and it must be approved by the District
Board of Trustees.
I. Invoices. The Agency shall invoice the District at the conclusion of each course,
supplying mutually acceptable documentation of student contact hours for each
course, pursuant to section 2d above.
II. Tuition. It is mutually agreed that tuition fees will be deducted from the total
dollar amount per student contact hours paid to Agency by District.
SAC Contract # SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 4 of 8
9-7
5) TERMS AND CONDITIONS
a) Facilities. Agency and District agree that the course shall be held at facilities that are
clearly identified as being open to the general public. (Title 5, Section 58051.5)
b) 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)
c) Support Services for Students. Both Agency and District shall ensure that ancillary
and support services are provided for the students (e.g. Counseling and Guidance, and
Placement Assistance).
d) Indemnification. The District shall defend, indemnify and hold Agency harmless
from and against any and all liability, loss, expense, reasonable attorneys' fees, or
claims for injury or damages arising out of the performance of this Agreement, but
only in proportion to and to the extent such liability, loss, expense, reasonable
attorneys' fees, or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of the District, its officers, agents,
employees, Students, or District Instructors.
Agency shall defend, indemnify and hold the District harmless from and against any
and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or
damages arising out of the performance of this Agreement, but only in proportion to
and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or
omissions of Agency, its officers, agents, or employees.
In the event that third -parry loss is attributed to the concurrent act(s) or
omission(s) of both Parties, the ultimate financial responsibility of each Party for
said loss shall be apportioned according to the Party's percentage of fault as
determined by mutual agreement between the Parties or by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
This mutual indemnification shall survive termination of this Agreement or final
payment therefore.
e) Choice of Law. This Agreement shall be interpreted, construed, and governed both
as to the validity and to performance of the Parties in accordance with the laws of the
State of California.
f) Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original but all of which together shall constitute one
and the same agreement. Any such counterpart containing an electronic or facsimile
signature shall be deemed an original.
g) Independent Contractors. It is understood that this is an Agreement by and between
SAC Contract# SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 5 of 8
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 District may specify in writing.
h) Assignment. This Agreement shall not be assigned by Agency either in whole or in
part. Any such purported assignment voids this Agreement.
i) Force Maieure. 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.
j) 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 of Business Services
2323 North Broadway
Santa Ana, California 92706
If submitting an invoice, insert: "Attn: Accounts Payable"
If to Agency;
Newport Beach Police Department
Attn: Deputy Director Jonathan Stafford
870 Santa Barbara Drive
Newport Beach, CA 92660
k) 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.
1) 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 shall be binding on any of the
parties hereto.
m) 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 coverage as listed below. Certificates of
insurance, or other satisfactory documentation, evidencing that the insurance
coverage specified herein is in full force and effect throughout the term of this
Agreement may be requested by either party.
Commercial General Liability insurance, which shall include coverage for:
SAC Contract # SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 6 of 8
"bodily injury", "property damage", "advertising injury", and "personal injury",
including, but not limited to, coverage for products and completed operations,
with combined single policy limits or limits of liability of not less than $1,000,000
per occurrence and not less than $2,000,000 in the aggregate, if the policy or
memorandum of coverage is subject to any aggregate policy limit or aggregate
limit of liability.
Business or Commercial Automobile Liability insurance or coverage written on an
"occurrence" basis with policy limits or limits of liability of not less than
$1,000,000 per accident. It must cover owned, hired, non -owned motor vehicles,
with a combined single policy limit or limit of liability for bodily injury and
property damage of not less than $1,000,000.
Workers Compensation insurance with statutory limit and Employers' Liability
with a $1,000,000 limit per occurrence.
Additional Insured Endorsements: Each Party to this Agreement shall cause the
Commercial General Liability insurance or self-insurance program required by
this Agreement to be endorsed to name the other Party as an additional insured.
Subrogation Waivers: The Workers' Compensation policy shall be endorsed to state
that all rights of subrogation are waived as to each Party to this Agreement
n) Equal Employment Opportunity Clause. The parties to this contract agree to promote
equal employment opportunities through its policies and regulations. This means that
both parties 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 parties 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.
o) Severability. Should any part of this Agreement be declared through a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or
beyond the authority of either party 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 portion, can be interpreted reasonably to give effect to the intentions of
the parties.
Execution. By their signatures below, each of the following represents that they have authority to
execute this Agreement and to bind the party on whose behalf their execution is made.
SAC Contract# SAC-23-150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 7 of 8
9-10
AGENCY
By:
Name:
Title:
Date:
SAC Contract # SAC-23-150-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
or.r_,z �
Aaron C. Harp, City Attorney
s1it. 1�0r
RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
By:
Name: Iris I. Ingram
Title: Vice Chancellor of Business Services
Date:
SAC Con tract # SAC-23 -150-2
SAC-23-150-2 ISA - Newport Beach PD
Page 8 of 8
9-11