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HomeMy WebLinkAboutR-1998-123 Educational Services Agreement for Fire Fighter TrainingRESOLUTION NO. R-98-123 A RESOLUTION authorizing the City Manager and;aCity Clerk to execute an agreement with Yakima School District No. 7 for educational services for fire fighter training and further authorizing the City Manager and the City Clerk to enter an agreement with Myron Menard to provide educational instruction for fire fighter training. WHEREAS, the City of Yakima owns certain fire fighting training facilities and fire fighting equipment; and WHEREAS, the City of Yakima has the ability to contract for fire fighter training instructors; and WHEREAS, Yakima School District No. 7 has agreed to supply funds and supplies for fire fighter training program for high school students; and WHEREAS, both the City of Yakima and Yakima School District No. 7 will be benefited by a training program in fire fighting skills and techniques; and WHEREAS, Myron Menard is qualified and willing to provide instructional services for a fire fighter training course in accordance with the attached agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the attached said agreements with Yakima School District No. 7 and Myron Menard for fire fighter training services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute an agreement with Yakima School District No. 7 for the purpose mentioned above, a true copy of which agreement, entitled "Educational Services Agreement for Fire Fighter Training" is attached hereto and by reference made a part hereof. The City Manager and City Clerk are hereby further authorized and directed to execute an agreement with Myron Menard for the purpose of providing fire fighter training instruction, a true copy of which agreement, entitled "Agreement Between City of Yakima and Myron Menard" is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of August, 1998. ATTEST: • Xeth-re_„.,.._ City Clerk John Puccinelli, Mayor 1998-99 EDUCATIONAL SERVICES AGREEMENT FOR FIRE FIGHTER TRAINING THIS AGREEMENT is made and entered into this 4L4 day of „SipirMe3E.C. , 1998 by and Between Yakima School District #7(hereinafter referred to as "YV-TECH") and City of Yakima, Washington, a municipal corporation of the State of Washington, whose address is 129 N. 2' Street, Yakima, Washington 98901, (hereinafter referred to as "City"). This agreement shall be in full force and effect from September 1, 1998 to June 30, 1999. WHEREAS, the City of Yakima owns certain training facilities and fire fighting eqipment and has the ability to contract for fire fighting training instructors; and WHEREAS, YV-TECH has the ability supply funds and supplies for a fire fighting training program for high school students; and WHEREAS, both parties will be benefited by a training program in fire fighting skills and techniques; WITNESSETH: That in consideration of mutual covenants, promises, and agreements herein contained, the parties mutually agree as follows: 1. RESPONSIBILITIES AND DUTIES OF YV-TECH YV-TECH shall provide the following: A. The number, names, and identification of students to be assigned. B. A registration form identifying the resident district and appropriate mailing address of the student. C. The holiday and vacation schedule for each resident district. Students shall be expected to follow the schedule of the City unless modified by the resident district. D. Textbooks, workbooks and miscellaneous instructional materials. 1 E. Coordination of enrollment and required Office of Superintendent of Public Instructions reports. F. Coordination of attendance and any other problems with the student between the resident high school and the City. G. Payment to City in accordance with the terms and conditions of this agreement. H. Require students to adhere to the standards, policies, and regulations of the City during their learning assignments. In no way will these standards, policies, and regulations conflict with those of the participating school district from which the student attends through YV-TECH and must conform with the Washington State Administrative Code for student discipline and due process. I. Disciplinary and counseling support as needed. 2. RESPONSIBILITIES AND DUTIES OF CITY A. City shall provide three (3) periods of instruction from 12:00 noon to 2:30 p.m., equivalent to three (3) school periods each school day; and in addition, 1/2 hour teacher/student contact time each school day for a total of 540 hours of instruction during the 180 day school year. Curriculum shall meet the requirements for entry level employment in fire fighting and emergency response and follow State approved guidelines for the Trades and Industry Fire Fighter curriculum. Training and facilities must be in accordance with all applicable laws and regulations which apply to the Washington State plan for vocational education. B. Student instruction will be given at the location provided by City unless otherwise agreed by the YV-TECH director. Classes will be conducted Monday through Friday. C. All instructions to students covered by this agreement shall be by instructors who are vocationally certified by the Office of Superintendent of Public Instruction. City shall file with YV-TECH a copy of the instructors valid vocational teaching certificate prior to submission of the first billing to YV-TECH per the terms of this agreement. D. Training costs for the YV-TECH students will be $32,975.00 for the full year for the full program of 180 instructional days broken down as follows: 1. Classroom and Apparatus Lease 2. Instructor Cost 3. Additional Instructor/Substitute Instructor Cost 2 $12,900.00 $15,124.00 $ 4,951.00 E. City shall provide instruction in compliance with the regulations established by the State of Washington. F. City agrees to complete requests for an individual student's performance on a monthly basis. G. City agrees to provide instructional programs that include all physical facilities, certified instructors and equipment as specified herein. H. City agrees to enroll up to twenty-two (22) students throughout the duration of this agreement. I. City agrees to provide course objectives, including student leadership components, and requirements to all students prior to their entry into the program. Such course objectives and requirements shall have been reviewed and recommended for approval by the local fire fighting training advisory committee. J. City agrees to collect and forward final grades and attendance records to YV-TECH on established due dates. K. The instructor(s) will participate in all YV-TECH staff faculty meetings and in-service programs. L. The instructor will provide daily attendance information to the YV-TECH office. 3. PAYMENT OF TRAINING COSTS A. An initial disbursement of $1,300.00 shall be encumbered on a Yakima School District purchase order upon acceptance of this agreement by both parties. Payment shall be made within twenty-five (25) days of said acceptance. B. The remaining fee shall be encumbered on a Yakima School District purchase order and shall be provided in ten (10) equal payments. Said costs will be paid on a monthly basis by YV-TECH upon receipt of an invoice and verification of delivery of service to YV-TECH. The City shall submit invoices on the first business day of each month. YV-TECH shall make payment within thirty (30) days of invoice receipt. Payment shall be made at the City of Yakima, Finance Department, 129 N. 2" Street, Yakima, WA 98901. 3 4. ATTENDANCE/GRADING DISCIPLINE POLICIES The attendance and grading policies will be the same as all other YV-TECH classes. This policy will be provided to the Yakima Fire Department at the beginning of each year. 5. SELECTION PROCESS The process for registering and enrolling students will be as follows: A. YV-TECH allocates student slots to home high schools. B. Home high school counselors publicize among students. C. Students apply through counselors. D. Counselors screen students as to high school requirements met, age, school attendance records, prerequisites, transportation, etc., and issue preference form to approve students. E. YV-TECH will conduct a student/parent orientation of the program and facilitate a student interview process with members of the Yakima Fire Department and advisory committee present. F. Class starts in coordination with YV-TECH beginning date. G. Only high school students who are 16 years of age or older may enroll for the purposes described above when recommended by the vocational counselor of the high school and YV-TECH. 6. LOCAL FIRE FIGHTING TRAINING ADVISORY COMMITTEE The local fire fighting advisory committee will be the existing one, at least two members of which shall be selected by the Yakima Fire Department. 7. STUDENT LEADERSHIP Student leadership is a Office of Superintendent of Public Instruction mandated component of vocational education program offerings and City will be expected to participate in establishing leadership activities to design appropriate leadership experiences for students. 4 8. RIGHT TO VISIT The YV-TECH director or authorized representative and the students' parents will have the right to visit the City's facility from time to time without prior notice during class hours. 9. STATUS OF DISTRICT EMPLOYEES AND STUDENTS All activity occurring from or as a result of this agreement shall be deemed an extension of the school and educational process of each participating district. All policies, procedures, and laws relating thereto shall be in full force and effect during the performance of this agreement. 10. WHOLE AGREEMENT This agreement is the complete and exclusive statement of the agreement between the parties relevant to the purpose described above and supersedes all prior agreements or proposals, oral or written, and all other communications between the parties related to the subject matter of this agreement. No modification of this agreement will be binding on either party except as a written addendum signed by an authorized agent of both parties. 11. NONDISCRIMINATION No person shall be denied or subjected to discrimination and receipt of the benefits of any service or activities made possible by, or resulting from, this agreement on the grounds of age, sex, race, color, religion, creed, national origin, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a material violation of this agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of this agreement by the parties. 12. TERMINATION This agreement may be terminated under the following conditions: A. By mutual written agreement of both parties, termination may be immediate. B. Upon sixty (60) school days written notice by either party to the other of intent to terminate with or without cause. C. By either party for breech of the obligations set forth in this agreement. The party in default shall have five (5) business days to cure said breech to the satisfaction of the other party. 5 D. Upon any termination hereunder, YV-TECH shall reimburse the City at a rate of One Hundred Seventy-five and 97/100"' Dollars ($175.97) per day until the agreed upon termination date. Such calculation of per diem costs shall be calculated as of the end of the preceding billing month. Such costs shall be paid within thirty (30) days of receipt of an invoice and verification of delivery of service to YV-TECH. 13. NOTICES Unless stated otherwise herein, all notices and demand shall be in writing and sent to the parties at their addresses as follows: To: CITY City of Yakima Fire Dept. ATTN: Deputy Fire Chief 401 North Front Street Yakima, WA. 98901 To: YV-TECH John J. Schieche YV-TECH Skills Center 1116 South 15th Avenue Yakima, WA. 98902 Or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certifies mail, postage pre -paid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 14. RENEWAL Any addendum for renewal shall be executed not less than nmety (90) calendar days prior to the commencement of the program. 15. INDEMNIFICATION AND BONDING A. YV-TECH shall defend, indemnify and hold harmless the City, its officers and employees from any and all claims and/or liability arising from the performance of this agreement: PROVIDED, that the City complies with the provisions of subsection 15(B); and FURTHER PROVIDED, that this subsection shall not apply to claims and/or liability arising solely from the negligence of any City employee or arising from the City's negligent repair or maintenance of the facilities and equipment provided by the City pursuant to this agreement. B City shall require, as a condition of its agreement with instructor that instructor acquire a liability insurance policy naming both the Yakima School District #7 and the City of 6 Yakima as additional named insured. Such policy shall be in effect for the duration of this agreement and shall be for a minimum of one million dollars ($1,000,000). The City and YV-TECH hereby agree to all provisions of this agreement. Y OF YAKIMA By� v R.A. Zais, Jr. City Manager Date: CLI(t. t. 02Lij/ q(Z YAKIM • S H STRICT #7 By: ame: Larry Petry ` 1 Date: /Me Title: Superintendent 7 ATTEST City Clerk, City Contract No: C' Resolution No: 12- 0/8 % 3 itkp.,‹i . YV-TECH SKILLS CENTER By: Name: ohn J. Schieche Date: / p ' 3 " 58' Title: Director AGREEMENT BETWEEN THE CITY OF YAKIMA AND MYRON MENARD THIS AGREEMENT is made and entered into this day of ,4t s i , 1998, by and between the City of Yakima, herein referred to as "City", and Myron Menard, herein referred to as "Instructor". NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Instructor as follows: 1. PROFESSIONAL SERVICES Instructor shall provide the following professional services related to providing instruction in a fire fighting and emergency response training program offered through the YV- TECH Skills Center. A. Instructor shall provide instruction from 12:00 noon until 2:30 p.m., equivalent to three (3) school periods, each school day; and in addition, one-half (1/2) hour teacher/student contact time each school day, for a total of five hundred forty (540) hours of instruction during the one hundred eighty (180) day school year. Instructor shall develop the class curriculum. Curriculum shall meet the requirements for entry level employment and fire fighting and emergency response and follow state approved guidelines for the trades and industry fire fighter curriculum. Instructor will be expected to participate in establishing leadership activities to design appropriate leadership experiences for students. Training and facilities must be in accordance with all applicable laws and regulations which apply to the Washington State Plan for Vocational Education. B. Instructor shall provide instruction at the location provided by City unless otherwise agreed by the YV-TECH Skills Center director. Classes will be conducted Monday through Friday. C. Instructor shall obtain a vocational certification from the office of the Superintendent of Public Instruction. Instructor shall file with the Skills Center a copy of the Instructor's valid vocational teaching certificate prior to the commencement of instruction. D. Instructor shall provide instruction in compliance with the regulations established by the State of Washington. E. Instructor agrees to complete requests for individual student's performance on a monthly basis. F. Instructor agrees to enroll up to twenty-two (22) students throughout the duration of this agreement. G. Instructor agrees to provide course objectives, including student leadership components, and requirements to all students prior to their entry into the program. Such course objectives and requirements shall have been reviewed and recommended for approval by the local fire fighting training advisory committee. H. Instructor agrees to collect and forward final grades and attendance records to the Skills Center on established due dates. Student progress reports will be provided by Instructor within the timeline established in the '98-'99 WSC grading schedule for the duration of the training. Students enrolled in City's class will meet the grading requirements as set forth in Skills Center policies and procedures, and grading criteria. Skills Center will provide Instructor with a copy of its policies and procedures, '98-'99 Skills Center grading schedule and grading criteria. I. Instructor agrees to participate in all Skills Center staff faculty meetings and in- service programs. J. Instructor will provide daily attendancejnformation to the Skills Center office. K. The Skills Center director or authorized representative and the students' parents will have the right to visit the class from time to time without prior notice during class hours. 2. CONSIDERATION City agrees to compensate Instructor a total of fifteen thousand one hundred and twenty-four and 00/100th dollars ($15,124.00) for all services performed under and pursuant to this agreement. Said compensation shall be paid as follows: An initial disbursement of one thousand three hundred and 00/100th dollars ($1,300.00) will be made upon acceptance of this agreement by both parties. The remaining balance shall be disbursed on a monthly basis in ten (10) equal payments. Instructor shall submit satisfactory documentation (invoices/ billings) to the City of Yakima, Department of Finance, at 129 N. 2nd Street, Yakima, WA 98901 on or before the first of each month. The City shall make the required disbursement to the Instructor within thirty (30) days after receiving said documentation. 3. TERM The term of this agreement shall commence on the 1st day of September 1998 and terminate at midnight, June 30, 1998, unless sooner terminated by either party in accordance with Section 14 of this Agreement. i cq art fN 4. STATUS OF INSTRUCTOR Instructor and the City understand and expressly agree that Instructor is an independent contractor in the performance of each and every part of this agreement. Instructor and his employees shall make no claim of City employment nor shall they claim against the City any related employment benefits, social security, medical benefits, worker's compensation, and/or retirement. Instructor shall not be subject to control and direction of City officers and employees. Other than those materials provided by the City of Yakima pursuant to the 1998- 1999 Educational Services Agreement for Fire Fighter Training between Yakima School District No. 7 and the City of Yakima for educational services for fire fighting training, Instructor shall use his own resources and tools to perform this agreement. 5. TAXES AND ASSESSMENTS Instructor shall pay all taxes and assessments, including, but not limited to, federal withholding and social security tax, which may be assessed either party as a result of this 2 Agrmb/Mevrd/City.ps agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Instructor shall pay the same before it shall become due. 6. DISCRIMINATION During the performance of this agreement, Instructor shall not discriminate on the basis of age, race, color, sex, religion, national origin, creed, marital status, political affiliation, and/or the presence any sensory, mental or physical handicap. 7. COMPLIANCE WITH LAW Instructor agrees to perform the services under and pursuant to this agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 8. NO INSURANCE It is understood that the City does not maintain liability insurance for Instructor or its employees. 9. INDEMNIFICATION AND HOLD HARMLESS Instructor shall defend, indemnify and hold harmless, the City, its agents, officers, and employees from any and all liability resulting out of the performance of this agreement. 10. INSURANCE On or before date the this Agreement is fully executed by the parties, Instructor shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees, and Yakima School District No. 7, its officers, agents, and employees as additional insureds. The policy shall also contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 3 Agrmis/ Meurd/C(ty.pm 11. ASSIGNMENT This agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Instructor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of Instructor as stated herein. 12. SEVERABILITY If any portion of this agreement is changed per mutual agreement, or any portion is held invalid, the remainder of the agreement shall remain in full force and effect. 13. INTEGRATION This written document constitutes the entire agreement between the City and Instructor. No changes or additions to this agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 14. TERMINATION The City may terminate this agreement, with or without cause, by giving Instructor ten (10) days written notice of termination. Upon termination, Instructor shall be entitled to payment of the full one tenth disbursement due for the month of termination, but shall not be entitled to any future disbursements. 15. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 16. NOTICES Unless stated otherwise herein, all notices and demand shall be in writing and sent or hand -delivered to the parties at their addresses as follows: TO City: TO INSTRUCTOR: Deputy Fire Chief City of Yakima Fire Department 401 N. Front Street Yakima, WA 98901 4 Agnmta/Mewmd/C y.pm Myron Menard 110 Camus Lane Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 17. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA R.A. Zais, City Manager INSTRUCTOR: By: )14 A.," )12-1.2-14%1-44-- (";1.2.v , )� aesaurw++ rao: Agrmb/Menard/Cdy.pm 5 Myr in Menard as Qc:cti /YW BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT (REVI SED) Item No. / 2 - For Meeting Of: 08/18/98 EM 1T1 LE: Educational Services Agreement for Fire Fighter Training SUBMI F1 ED BY: Yakima Fire Department, Gene Martin, Acting Fire Chief CONTACT PERSON/TELEPHONE: Gene Martin, Acting Fire Chief, 575-60 SUMMARY EXPLANATION: This Agreement will provide the opportunity for the City and Yakima School District No. 7 (Skills Center) to continue an educational partnership that provides quality training in fire fighting skills and techniques. The City has the training facilities and equipment needed to provide this training in addition to the ability to contract for fire fighting training instructors. The Skills Center has the ability to supply funds and supplies for a fire fighting training program for high school students. The combining of these resources will result in a training program that will be of excellent quality and this beneficial to both parties. This Agreement shall commence on September 1, 1998 and terminate June 30, 1999, provided this agreement may be renewed for an additional one year term by mutual written agreements by both the City Manager of the City of Yakima and the Superintendent of the Yakima School District No. 7. The fee of $32,975.00 shall be encumbered on a Yakima School District No. 7 purchase order and shall be payable upon acceptance as follows: $1,300.00 payable within 25 days of acceptance, 10 equal monthly payments upon invoice by the City of Yakima. Resolution X Ordinance Contract X Other (Specify) Funding Source: APPROVED FOR SUBMI 1' 1 AL: (City Manager) STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Revision: contract amount and payment schedule (Y-akjnw V t rCommurr-" � rry �� �v" IC Ol ege3 /c C L� Reso(t4_6'01/i Ib, -ca -/3 Contract amount increased $1300 and payment schedule changed from quarterly payments to ten equal monthly payments.