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CONTRACT 3870 OtherPurchasing & Contracts: copies to: Contract # 3870. - ' AGREEMENT FOR AN IN- SERVICE FIREFIGHTER TRAINING PROGRAM WITH EL SEGUNDO FIRE DEPARTMENT THIS AGREEMENT is made and entered into this July 1 2008 -; lst day of by and between City of EL SEGUNDO hereafter "City ") and EL CAMINO COMMUNITY COLLEGE DISTRICT (hereafter "DISTRICT ") WHEREAS, the City and Fire Department desire to provide in- service fire fighter training to fire fighters through the District's Fire and Emergency Technology Division; and WHEREAS, the City's and Fire Department's training program meets all requirements of the law of the State of California; and WHEREAS, the District desires to furnish unit credits to students completing the in- service fire training classes to the satisfaction of instructors; and WHEREAS, because it will be providing much of the training and coordination in the program, City's Fire Department will be entitled to a portion of State funding received by District for fire fighter students enrolled into the District courses of instruction. 1 NOW, THEREFORE the parties hereto agree as follows: 38 70 R , 1. TERM: The term of this Agreement shall commence on July 1, 2008 and end June 30, 2013. 2. DESCRIPTION OF SERVICES AND RESPONSIBILITIES: District and Department agree to provide services as described herein below. The responsibilities of the parties follow: A. Responsibilities of District: (1) Conduct, through Department, approved firefighter in- service training courses under its Fire and Emergency Technology program. (2) Ensure compliance with all appropriate Title V and Education Code requirements to ensure these courses are completely eligible for State apportionment. (3) Provide a coordinator, register students, appoint designated department staff as District instructors, and perform other appropriate support services to adequately manage and control its course offerings. (4) Evaluate the quality of instruction to ensure it meets the needs of the students. (5) Give appropriate units of credit for successful completion of each course of instruction. (6) Accept, recognize, and adhere to Department established policies and procedures concerning student academic performance and discipline. 2 3870 B. Responsibilities of City. (1) Furnish facilities and instructional services at the City for the conduct of in- service fire training classes. (2) Provide qualified instructors, lecturers, equipment, materials, day -to -day management support, and all related overhead necessary to conduct the program. (3) Be responsible for grading students and for taking appropriate action regarding academic performance, in accordance with City's Fire Department policies. (4) Cooperate with District to ensure that all instructional personnel, equipment, and materials used in this program conform to all requirements governing instructional programs for fire fighters. 3. ADMINISTRATION: The Coordinator, or his authorized designee (hereafter jointly referred to as "Coordinator "), shall have the authority to administer this Agreement on behalf of the City's Fire Department. District shall designate, in writing, a person who shall have the authority to administer this Agreement on behalf of District. 4. PAYMENT FOR SERVICES: A. District shall reimburse the City's Fire Department for services and materials to be supplied hereunder at a rate of two dollars and fifty cents per student contact hour. B. City's Fire Department will supply appropriate 3 38 70 . invoices at the end of each semester for all student contact hours qualified under this Agreement. Invoices shall be mailed to District address contained in Section 18 herein. District shall make payment no later than (30) days after delivery of invoices from City's Fire Department. C. Payment under this agreement is subject to verification made by the California Community Colleges and other appropriate state agencies. D. Students may be charged by the City's Fire Department directly for the cost of textbooks and materials which students retain in their possession. E. District payment shall be due and payable upon submission of grades for registered students. 5. RECORDS AND AUDITS: A. Educational Records: The City's Fire Department and District shall maintain accurate and complete records which shall include a record of educational services provided in sufficient detail to permit an evaluation of services in accordance with Education Code provisions. Such records shall be open to the respective inspection and audit by authorized professional staff of the District, City, and other State Agencies where such inspection and audit does not conflict with the Pupil Record Act of the Education Code. 4 3 U . B. Financial Records: District and City shall maintain accurate and complete financial records of its activities and operations as they relate to services provided under this Agreement. All such records shall include supporting documentation and other information sufficient to fully and accurately reflect District's and City's provision of services hereunder. All such records shall be retained by District and the City's Fire Department for a minimum period of five (5) years following the expiration or termination of this Agreement. All such records shall be open to inspection and audit at reasonable times by an authorized representative of District. Any audit of District records conducted by City staff shall include an exit conference with District, if requested by District. 6. REPORTS: District shall make written reports as required by the Coordinator, concerning the City's Fire Department activities as they affect the contract duties and purposes contained herein. In no event, however, may Coordinator require such reports unless it has provided District with at least thirty(30) days prior written notification thereof. City shall provide District with a written explanation of the procedures for reporting the required information. 7. INDEMNIFICATION: District agrees to indemnify, defend, and hold harmless City, elected officials, appointed officers, employees, and agents of City from and against any and all liability, expense, including without limitation, defense costs and legal fees, arising from or connected with any claims for 5 38; "0 damages or workers' compensation benefits resulting from District's operations or its services provided under this Agreement, including without limitation, bodily injury, death, personal injury, or property damage to any property, including physical damage to or loss of District's property or any property in the care, custody or control of District. City indemnifies, defends, and holds harmless District, its elected officials, appointed officers, and employees, from and against any and all liability, expense, including defense costs and reasonable legal fees, and claims for damages of any nature whatsoever, including without limitation, bodily injury, death, personal injury, or property damage, arising from or connected with City's willful acts or active negligence, or hereunder. 8. CONFIDENTIALITY: Both parties shall maintain the confidentiality of all student academic and other student personal and private records. Both parties agree not to release such data to any third party without the prior written consent of the student or unless disclosure is otherwise authorized by law. Each party shall maintain the confidentiality of its records in accordance with all applicable Federal, State, and local laws, ordinances, regulations, and directives relating to confidentiality. Both parties shall inform all of its officers, employees, and agents providing services hereunder of the confidentiality of such records. Both parties agree to defend and save harmless the other party, its officers, agents, and employees against any and all liability and demands arising out of any M. UFSOINIM disclosure of such reports and information by the other party, its officers, agents, and employees. 9. NON- DISCRIMINATION: It is the policy of the El Camino Community College District Public Safety Program and the participating affiliate to provide fair and equitable treatment of all individuals participating in the program without regard to ethnicity, religion, sexual identity, national origin, ancestry, age, or physical handicap. We are committed to providing a work and learning environment free of intimation, harassment and unlawful discrimination. We share in the responsibility of providing a harassment -free employment and educational environment in complying with both federal and state mandates and guidelines regarding non- discrimination and sexual harassment. 10. DELEGATION AND ASSIGNMENT: Neither party shall delegate its duties or assign its rights hereunder, or both, either in whole or in part, without the prior written consent of the other party. Any such delegation or assignment attempted without such consent shall be null and void. 11. ALTERATION OF TERMS: The body of this Agreement fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No addition to, or alteration of, the term of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid and effective unless made in the form of 7 38 70 a written amendment to this Agreement and formally approved and executed by the parties in the same manner as this contract form. 12. LICENSES, PERMITS, CERTIFICATES, AND ACCREDITATION: Both parties shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, certificates, and accreditation required by law applicable to its performance of this Agreement, and shall ensure that all their officers, employees, and agents-who perform services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, certificates, and accreditations required by law which are applicable to their performance hereunder. 13. SEVERABILITY: If any provisions of this Agreement are or become contrary to State law or regulations of other agencies or decisions of courts of competent jurisdictions, District and City, agree to renegotiate these portions without affecting the balance or intent of this Agreement. 14. AUTHORIZATION WARRANTY: District hereby represents and warrants that the person executing this Agreement for District is an authorized agent who has actual authority to bind District to each and every term, condition, and obligation set forth in this Agreement and that all requirements of District have been fulfilled to provide such actual authority. 15. DISTRICT'S OFFICES: District's business offices are located at E1 Camino Community College District; Purchasing and Business Services Office; 16007 Crenshaw Boulevard; Torrance, California 90506. District shall notify in writing 3870. , those City representatives listed in the Paragraph 17 herein below of any change in its business address at least ten (10) days prior to the effective date thereof. 16. FIRE DEPARTMENT OFFICES: Fire Department business offices are located at El Segundo Fire Department; 314 Main Street; E1 Segundo, CA 90245. City shall notify in writing those District representatives listed in paragraph 17 of any change in its business address at least ten (10) days prior to the effective date thereof. 17. NOTICES: Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall be in writing and shall be delivered to the other party personally or by United States mail, certified or registered, postage prepaid, return receipt requested, at the following addresses and to the attention of the persons named. Coordinator shall have the authority to issue all notices which are required, permitted, or desired by City hereunder. Addresses and persons to be notified may be changed by either party by giving at least ten (10) days prior written notice to the other party. 18. TERMINATION: This Agreement may be terminated by either party with written, sixty (60) days, notice. Such notice of termination shall not affect students currently enrolled in the program. To District: E1 Camino Community College District Industry and Technology Division Office 16007 Crenshaw Boulevard Torrance, California 90506 Attention: Dr. Stephanie Rodriguez Dean of Industry and Technology 9 To City: City of El Segundo Attention City Clerk 350 Main Street E1 Segundo, CA 90245 IN WITNESS WHEREOF, the City Manager, and the Director of Purchasing and Business Services of the District, have caused this Agreement to be subscribed in its behalf by its duly authorized officers, the day, month, and year first above written. 19. RELATIONSHIP. The relationship of CITY and DISTRICT is that of independent contractor. Neither Party will be considered the agent or employee of the other. Neither will exercise control or direction over the other while performing their respective obligations under this Agreement. Neither party intends to create a partnership or joint venture by entering into this Agreement. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this 10 Agreement will be in Los Angeles County. 22. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY'S city manager may execute any such amendment on behalf of CITY. 23. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. EL CAMINO COMMUNITY COLLEGE, DI S� IC-T L-In Rockonura, /Director Busin ss Services City of EL SEGUNDO By Date - �-`� o$ Dat ATTEST APP B City Clerk Dat 11 W 0-Vowe Printed Name