Resolution No. 94771
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RESOLUTION NO. 9477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT
WHEREAS, the City of Vernon Fire Department regularly
conducts training for Fire Department personnel; and
WHEREAS, pursuant to Government Code Section 53060 and
education Code Section 78021, the Rancho Santiago Community College
District ("Rancho Santiago") is authorized to establish contract
education programs with a public agency to provide specific educational
programs or training to meet the specific needs of the public agency;
and
WHEREAS, the City of Vernon Fire Department has the
personnel, expertise and the equipment which will meet some of the
educational training needs of the City's firefighter personnel; and
WHEREAS, the City of Vernon wishes to have the City of Vernon
Fire Department's education and training activities qualify as an
education program under Government Code Section 53060 and Education
Code Section 78021; and
WHEREAS, on April 13, 1999, the City Council of the City of
Vernon adopted Resolution No. 7313 approving an agreement with Rancho
Santiago for Fire Department personnel training education programs; and
WHEREAS, the City of Vernon and Rancho Santiago desire to
enter into a new agreement setting forth the terms and conditions of
the services to be performed under said educational program at a
tuition fee of $3.50 per student per contract hour.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Inter -Agency Instructional Services Agreement, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send two fully executed
Agreements to:
Rancho Santiago Community College District
Attn. Peter Hardash, Vice Chancellor, Business/Fiscal
Services
2323 North Broadway
Santa Ana, CA 92706
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Agreement.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of November, 2007.
ATTEST:
MANUELA GIRON, City Clerk
Name: Leonis C. Malburg
Title: Mayor / �� Dim ^; -
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9477, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, November 19, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
UELA GIRON, City Clerk
- 4 -
EXHIBIT A
INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 19th day of November
by and between the Rancho Santiago Community College District, 2323 North
2007,
Broadway, Santa Ana, California 92706 ("District") and Vernon Fire Department
("Agency").
DVOTTAT c
WHEREAS, under Government Code Section 53060 and Education Code Section
78021, the District desires to contract with the 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 interest, convenience and general welfare will be served
by this contract;
NOW THEREFORE, Agency and District agree to the following:
PROVISIONS OF THE AGREEMENT
A. AGENCY'S RESPONSIBILITIES:
1. Services. Agency's responsibility shall be to diligently furnish to the
District the services as set forth in Attachment A, hereby incorporated into
this Agreement by this reference.
:2. Student Attendance Records. Records of student attendance and
achievement will be maintained by Agency. Records will be open for
review at all times by officials of the District and submitted to the district
when requested to meet reporting requirements of the State Chancellor.
1
B. DISTRICT'S RESPONSIBILITIES:
1. Job Market Study. Prior to establishment of this vocational or
occupational training program, the District's governing board shall
conduct a job market study of the labor market area and determine that the
results justify the proposed vocational education program.
2, Educational Program. District is responsible for the educational program
that will be conducted on site.
3. Supervise and Control Instruction. The instruction to be claimed for
apportionment under this contract shall be under the immediate
supervision and control of a District employee who has men the minimum
qualifications for instruction in a vocational subject in a California
community college.
4. 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 to be reported. The agreement shall state that the District has the
primary right to control and direct the instructional activities of Agency's
instructor.
5. Qualifications of Instructors. District shall list the minimum qualifications
for instructors. teaching these courses. Such qualifications shall be
consistent with requirements in other similar courses given within the
District.
4
6. District's Control of and Direction for Instructors. District shall provide
instructors with an orientation, instructors manual, course outlines,
2
curriculum materials, testing and grading procedures, and any of the other
necessary materials and services that it would provide to its regular
instructors on campus.
7. Courses of Instruction. These are specified in Attachment A to this
Agreement. It is the District's responsibility to insure that the outlines of
record for such courses are approved by the District's curriculum
= committee as meeting Title 5 course standards, and that the courses have
been approved by the District's board of trustees.
8. Different Sections of Courses. District shall have procedures that insure
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.
9. 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.
10. Obtaining Approval of Degree and Certificate Program Is District's
Responsibility. It is required 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 delegated authority to separately approve those courses locally.
11. Classes Held Outside of District. If the classes are to be located outside
the boundaries of the District, the District must comply with the
3
requirements of Title 5, concerning approval by adjoining high school or
community college districts and use of non -District facilities.
12. 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.
13. Certification. District is responsible for obtaining certification verifying
that the instruction activity to be conducted will not be fully funded by
other sources.
C. FEE
1. Agency Fee and Expenses. The fee to be paid by District for the services
and materials to be supplied hereunder is: $3.50 per student contact hour.
2. Invoices. The Agency shall invoice the District at intervals prescribed by
the district, supplying documentation acceptable to the District of student
contact hours.
D. TERMS AND CONDITIONS
1. Facilities. Agency and District agree that the course shall be held at
facilities that are clearly identified as being open to the general public.
2. 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. 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.
3. Support Services for Students. Both Agency and District shall insure that
ancillary and support services are provided for the students (e.g.
Counseling and Guidance, and Placement Assistance).
4
4. Indemnification. All parties to this Agreement shall agree to defend,
indemnify, and hold harmless the other party, its officers, agents,
employees, and volunteers, from and against all loss, cost, and expense
arising out of any liability or claim of liability, sustained or claimed to
have been sustained, arising out of the activities, or the performance or
nonperformance of obligations under this Agreement, of the indemnifying
parry, or those of any of its officers, agents, employees, or volunteers. The
• provisions of this Article do not apply to any damage or losses caused
`k
solely by the negligence or intentional acts of the non -indemnifying party
or any of its agents or employees."
5. Term of Agreement. Either party may cancel or terminate this Agreement
without cause upon 30 days prior written notice given to the other parry.
6. Termination For Cause. The District may terminate this Agreement and
be relieved of.any consideration to Agency should Agency fail to perform
the covenants herein at the time and in the manner provided. In the event
of such termination the District may proceed with the work in any manner
deemed proper by the District. The cost to the District shall be deducted
from any sum due the Agency under this Agreement.
7. Assignment. This Agreement shall not be assigned by Agency either in
whole or in part. Any such purported assignment voids this Agreement.
8. 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 and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the respective parties hereto.
9. Amendments. No amendments of the terms of this Agreement shall be
valid unless made in writing and signed by the parties hereto, and no oral
5
understanding or agreements not incorporated herein shall be binding on
s
any of the parties hereto.
E. 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.
IN WITNESS WHREOF, the parties have executed this Agreement hereto on the
day and year first written above.
Date
am
Name:
Title: MAYOR / MAYOR PRO-TEM
ATTEST:
MAN UELA GIRON, City Clerk
APPROVED AS TO FORM,-
RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT
Date
By:
Name:
Peter Hardash
Title: Vice Chancellor, Business/Fiscal
Services
JEFF A. HARRISON, City Attorney
ATTACHMENT A
INTER -AGENCY SERVICES
TO BE PROVIDED BY:
VERNON FIRE DEPARTMENT
1. Teaching Approved Curriculum: All student contact hours submitted by
the "AGENCY' to Rancho Santiago Community College District shall be part of a
course of instruction that has either been approved by the District's Curriculum
'• and Instruction Council, or has been accepted as a topics course and approved
by the District's Chief Instructional Officer.
2. 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 Districts minimum or equivalent
qualifications for hiring as part-time Fire Technology Instructors. This expertise is
furnished at the expense of AGENCY. The services include the use of their
specialized equipment, facilities, all handouts, and instructors with specific
expertise.
3. Non -overlap With Other Funding Sources: The above instructional hours are
conducted as full time equivalent students (FTES) under courses through the Fire
Technology Department of the District and The "AGENCY' certifies that no student
contact hours will be submitted to the District which also have been or will be submitted
for California Joint Apprenticeship Committee, JPTA funding or state sponsored
colleges.
4. Enrollment of Students: The District will supply current student enrollment
forms to the AGENCY. The Agency will return properly completed enrollment forms and
enrollment fees to the District. The Agency recognizes that out-of-state tuition fees will
be charged for students who are not California residents. Student attendance and
achievement records will be maintained by the agency and be available for review at
normal business hours.
5. Instructional Activities: The Administrators of Rancho Santiago Community
College District and the "AGENCY' and/or their designees will meet at mutually agreed
intervals to plan, review class hours to meet performance objectives, schedule and
budget for instructional activities; the joint consent of the District and the Agency shall
7
precede any instructional activity and include supervision and evaluation of students and
student withdrawals prior to completion of a course.
6. List of Course(s) Or Course Topics: The District will make available to the
Agency all courses listed in the course catalog and additional topics classes consistent
with District standards for curriculum adoption.
7. Services: The District and the contract agency will insure that ancillary and
support services such as counseling, guidance, and placement assistance are available
to all students and that enrollment in courses is open to any person who has been
admitted to the Districts' colleges and has met applicable pre -requisites.
8
1, _
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 3, 2007
Rancho Santiago Community College District
Attn: Peter Hardash
Vice Chancellor, Business/Fiscal Services
2323 North Broadway
Santa Ana, CA 92706
Re: Resolution No. 9477 Inter -Agency Instructional Services Agreement
Dear Mr. Hardash:
For your signature, transmitted herewith are two partially executed
Inter -Agency Instructional Services Agreements approved by City
Council on November 19, 2007.
Please ensure that a fully executed original agreement is returned to
the attention of the undersigned.
If you have any questions regarding this matter, please call Mr. Mark
Whitworth, at (323) 583-8811 ext. 280.
Very truly yours,
gely Gi n
City Clerk
NG:dr
c: Mark Whitworth
Resolution No. 9477
Agreement No. 07-131
Eyc(usivefy Industriaf
1S _ .
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
February 19, 2008
VIA U.S. MAIL
Peter Hardash, Vice Chancellor,
Business/Fiscal Services
Rancho Santiago Community College District
2323 North Broadway
Santa Ana, CA 92706
Re: Inter -Agency Instructional Services Agreement -
Rancho Santiago Community College District
Dear Peter:
Enclosed please find three (3) originally executed Agreements
regarding the above -reference matter.
If you have any questions, please contact me.
Very truly yours,
J A. Harrison
C y Attorney
JH:em
Enclosures
cc: Ms. Nelly Giron, City Clerk (w/ original)
Mr. Mark Whitworth, Fire Chief (w/ copy)
E�,-clusivefy industrid
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 15, 2008
TO: Mark Whitworth, Fire Chief
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9477 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution
of an Inter -Agency Instructional Services Agreement by and
Between the City of Vernon and Rancho Santiago Community
College District
Transmitted herewith is a copy of the fully executed agreement and
Resolution No. 9477 referenced above, which was approved by City
Council on November 19, 2007.
Thank you.
NG:dr
c: Resolution No. 9477
INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 91 day of /yoVe"-tk,Q,r1* 2007,
by and between the Rancho Santiago Community College District, 2323 North
Broadway, Santa Ana, California 92706 ("District") and the City of Vernon ("Agency").
RECITALS
WHEREAS, under Government Code Section 53060 and Education Code Section
78021, the District desires to contract with the 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 interest, convenience and general welfare will be served
by this contract;
NOW THEREFORE, Agency and District agree to the following:
PROVISIONS OF THE AGREEMENT
A. AGENCY'S RESPONSIBILITIES:
1. Services. Agency's responsibility shall be to diligently furnish to the
District the services as set forth in Attachment A, hereby incorporated into
this Agreement by this reference.
2. Student Attendance Records. Records of student attendance and
achievement will be maintained by Agency. Records will be open for
review at all times by officials of the District and submitted to the district
when requested to meet reporting requirements of the State Chancellor.
SAC-02-046A 1
B. DISTRICT'S RESPONSIBILITIES:
1. Job Market Study. Prior to establishment of this vocational or
occupational training program, the District's governing board shall
conduct a job market study of the labor market area and determine that the
results justify the proposed vocational education program.
2. Educational Program. District is responsible for the educational program
that will be conducted on site.
3. SLipervise and Control Instruction. The instruction to be claimed for
apportionment under this contract shall be under the immediate
supervision and control of a District employee who has met the minimum
qualifications for instruction in a vocational subject in a California
community college.
4. 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 to be reported. The agreement shall state that the District has the
primary right to control and direct the instructional activities of Agency's
instructor.
5. Qualifications of Instructors. District shall list the minimum qualifications
for instructors teaching these courses. Such qualifications shall be
consistent with requirements in other similar courses given within the
District.
6. 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
SAC-02-046A 2
necessary materials and services that it would provide to its regular
instructors on campus.
7. Courses of Instruction. These are specified in Attachment A to this
Agreement. It is the District's responsibility to insure that the outlines of
record for such courses are approved by the District's curriculum
committee as meeting Title 5 course standards, and that the courses have
been approved by the District's board of trustees.
8. Different Sections of Courses. District shall have procedures that insure
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.
9. 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.
10. Obtaining Approval of Degree and Certificate Program Is District's
RepponsibilitX. It is required 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 delegated authority to separately approve those courses locally.
11. 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, concerning approval by adjoining high school or
community college districts and use of non -District facilities.
SAC-02-046A 3
12. 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.
13. Certification. District is responsible for obtaining certification verifying
that the instruction activity to be conducted will not be fully funded by
other sources.
C. FEE
1. Agency Fee and Expenses. The fee to be paid by District for the services
and materials to be supplied hereunder is: $3.50 per student contact hour.
2. Invoices. The Agency shall invoice the District at intervals prescribed by
the district, supplying documentation acceptable to the District of student
contact hours.
D. TERMS AND CONDITIONS
1. Facilities. Agency and District agree that the course shall be held at
facilities that are clearly identified as being open to the general public.
2. 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. 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.
3. Support Services for Students. Both Agency and District shall insure that
ancillary and support services are provided for the students (e.g.
Counseling and Guidance, and Placement Assistance)
4. Indemnification. All parties to this Agreement shall agree to defend,
indemnify, and hold harmless the other party, its officers, agents,
SAC-02-046A 4
employees, and volunteers, from and against all loss, cost, and expense
arising out of any liability or claim of liability, sustained or claimed to
have been sustained, arising out of the activities, or the performance or
nonperformance of obligations under this Agreement, of the indemnifying
party, or those of any of its officers, agents, employees, or volunteers. The
provisions of this Article do not apply to any damage or losses caused
solely by the negligence or intentional acts of the non -indemnifying party
or any of its agents or employees."
5. Term of Agreement. Either party may cancel or terminate this Agreement
without cause upon 30 days prior written notice given to the other party.
6. Termination For Cause. The District may terminate this Agreement and
be relieved of any consideration to Agency should Agency fail to perform
the covenants herein at the time and in the manner provided. In the event
of such termination the District may proceed with the work in any manner
deemed proper by the District. The cost to the District shall be deducted
from any sum due the Agency under this Agreement.
7. Assignment. This Agreement shall not be assigned by Agency either in
whole or in part. Any such purported assignment voids this Agreement.
8. 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 and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the respective parties hereto.
9. Amendments. No amendments 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.
SAC-02-046A 5
E.
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.
IN WITNESS WHREOF, the parties have executed this Agreement hereto on the
day and year first written above.
CITY OF VERNON
Date February 19, 2008
By:
Name: Leonis C. Malburg
Title: Mayor /
ATT ST:
Mqkuela Giron, i y Clerk
APPROVED TO FORM:
Jef . H r ison, City Attorney
RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT
Date
By: a
Name:
Peter Hardash
Title: Vice Chancellor, Business/Fiscal
Services
SAC-02-046A 6
ATTACHMENT A
INTER -AGENCY SERVICES
TO BE PROVIDED BY:
City of VERNON
Teaching Approved Curriculum: All student contact hours submitted by
the "AGENCY' to Rancho Santiago Community College District shall be part of a
course of instruction that has either been approved by the District's Curriculum
and Instruction Council, or has been accepted as a topics course and approved
by the District's Chief Instructional Officer.
2. 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 Districts minimum or equivalent
qualifications for hiring as part-time Fire Technology Instructors. This expertise is
furnished at the expense of AGENCY. The services include the use of their
specialized equipment, facilities, all handouts, and instructors with specific
expertise.
3. Non -overlap With Other Funding Sources: The above instructional hours are
conducted as full time equivalent students (FTES) under courses through the Fire
Technology Department of the District and The "AGENCY' certifies that no student
contact hours will be submitted to the District which also have been or will be submitted
for California Joint Apprenticeship Committee, JPTA funding or state sponsored
colleges.
4. Enrollment of Students: The District will supply current student enrollment
forms to the AGENCY. The Agency will return properly completed enrollment forms and
enrollment fees to the District . The Agency recognizes that out-of-state tuition fees will
be charged for students who are not California residents. Student attendance and
achievement records will be maintained by the agency and be available for review at
normal business hours.
5. Instructional Activities: The Administrators of Rancho Santiago Community
College District and the "AGENCY' and/or their designees will meet at mutually agreed
intervals to plan, review class hours to meet performance objectives, schedule and
budget for instructional activities; the joint consent of the District and the Agency shall
precede any instructional activity and include supervision and evaluation of students and
student withdrawals prior to completion of a course.
SAC-02-046A 7
6. List of Course(s) Or Course Topics: The District will make available to the
Agency all courses listed in the course catalog and additional topics classes consistent
with District standards for curriculum adoption.
7. Services: The District and the contract agency will insure that ancillary and
support services such as counseling, guidance, and placement assistance are available
to all students and that enrollment in courses is open to any person who has been
admitted to the Districts' colleges and has met applicable pre -requisites.
SAC-02-046A $