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HomeMy WebLinkAboutR-2007-130 Yakima School District No. 7 / YV Tech Agreement (re: fire fighter cadet program)RESOLUTION NO. R-2007-130 A RESOLUTION ratifying the City Manager's execution of a renewal agreement between the City of Yakima and Yakima School District No. 7 whereby the City agrees to provide firefighting educational services for the 2007-2008 school year as part of the Fire Cadet Program. WHEREAS, the City of Yakima owns certain firefighting training facilities and firefighting equipment; and WHEREAS, Yakima School District No. 7 has offered to supply funds and supplies for a firefighter training program for high school students (the "Yakima Valley Technical Fire Cadet Program"); and WHEREAS, the Fire Cadet Program has operated successfully since the 2001- 2002 school year; and WHEREAS, the City of Yakima and Yakima School District No. 7 both benefit from a training program for high school students in firefighting skills and techniques; and WHEREAS, the City Council has determined that it is in the best interests of the City to enter into the attached agreement with Yakima School District No. 7, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "2007-2008 Educational Services Agreement for Firefighter Training" for the continuation of the Fire Cadet Program during the 2007-2008 school year. ADOPTED BY THE CITY COUNCIL this 18th day of September, 2007. CITY CLERK David Edler, Mayor 2007-2008 EDUCATIONAL SERVICES AGREEMENT FOR FIREFIGHTER TRAINING THIS AGREEMENT (hereinafter "Agreement") is made and entered by and between Yakima School District No. 7 (hereinafter "YV-TECH") and the City of Yakima, Washington, a municipal corporation of the State of Washington, whose address is 129 North Second Street, Yakima, Washington 98901 (hereinafter "City"). WHEREAS, RCW Chapter 39.34 permits governmental entities to enter into local agreements to accomplish mutually beneficial purposes in the public interest; and WHEREAS, the City owns certain training facilities and firefighting equipment and has the ability to provide firefighting training instructors; and WHEREAS, YV-TECH desires and has the ability to supply funds and supplies for a firefighting training program for high school students; and WHEREAS, the City, through its Fire Department, is willing to provide a firefighting training program in accordance with the terms and conditions of this Agreement. 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. C. The holiday and vacation schedule of 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. E. Coordination of enrollment and required Office of Superintendent of Public Instruction reports. F. Coordination of attendance and any other problems with a student between the resident high school and the City. G. Payment to the City in accordance with the terms and conditions of Section 4 of this Agreement. H. Assurance that students 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 to the Washington State Administrative Code for student discipline and due process. I. Disciplinary and counseling support as needed. 2. RESPONSIBILITIES AND DUTIES OF THE CITY A. The City shall provide three (3) periods of instruction in the morning from 8 a.m. to 10:30 a.m., with an additional 1/2 -hour teacher/student contact time from 7:30 a.m. to 8 a.m. each school day for a total of 540 hours of instruction during the 182 -day school year. The City shall provide three (3) periods of instruction in the afternoon from 12 p.m. to 2:30 p.m., with an additional '/2 -hour teacher/student contact time from 2:30 p.m. to 3 p.m. each school day for an additional 540 hours of instruction during the 182 -day school year. B. Curriculum shall meet the requirements for entry-level employment in firefighting and emergency response and follow State -approved guidelines for the Trades and Industry Firefighter curriculum framework. Training and facilities must be in accordance with all applicable laws and regulations which apply to the Washington State Plan for Career and Technical Education. C. Student instruction will be given at the location provided by the City unless otherwise agreed to by the YV-TECH director. Classes will be conducted Monday through Friday. D. All instruction to students covered by this Agreement shall be by instructors who are career and technical education certified by the Office of Superintendent of Public Instruction. The City shall file with YV-TECH a copy of the instructor's valid career and technical teaching certificate prior to submission of the first billing to YV-TECH per the terms of this agreement. E. Training cost for YV-TECH students is $88,054.00 for 182 instructional days. If the class sections each average 20 or more enrolled students throughout the 182 - day school year or on June 1, YV-TECH will pay the City an additional $10,000.00 to be included in the final, payment for a total contract of $98,054.00. However, if student enrollment drops below 12 students at any time during the year in any one class section, the City agrees to subtract $930.00 per student for each student less than the twenty total per section. See Section 4 Payment of Training Costs. F. The City shall provide instruction in compliance with the regulations established by the State of Washington. G. The City agrees to complete requests for individual student's performance on a monthly basis. H. The City agrees to provide instructional programs that include all physical facilities, certified instructors, and equipment as specified herein. 2 I. The City agrees to enroll up to twenty-four (24) students per class section throughout the duration of this Agreement. J. The City agrees to provide all students the course objectives. The City agrees to include student leadership and employability components in the objectives that will meet State Office of Superintendent of Public Instruction standards. Students will also be given any other rules or requirements prior to, or upon their entry into the program. Such course objectives and requirements shall have been reviewed and recommended for approval by the local firefighting training advisory committee. K. The City agrees to have the instructor collect daily attendance and forward it to YV-TECH on a daily basis. Also, on the YV TECH 2007-2008 calendar due dates, the City will forward all final grades and records. L. The lead instructor will participate in and attend all YV-TECH staff faculty meetings and in-service programs. The instructor or student leader should be assigned to check the YV-TECH mailbox and deliver the mail on a daily basis to the instructor. . 3. TERM OF AGREEMENT The term of this Agreement shall commence on July 1, 2007 and shall terminate at midnight, June 30, 2008, unless sooner terminated by either party in accordance with Section 16. 4. PAYMENT OF TRAINING COSTS A. An initial disbursement of $2,600.00 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 paid to the City in ten (10) equal payments of $8,545.40 per month ($88,054 - $2,600 = $85,454 - 10 = $8,545.40 per month). Said costs will be paid on a monthly basis by the Yakima School District 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. Yakima School District shall make payment within thirty (30) days of invoice receipt. Payment shall be made at the City of Yakima Finance Department, 129 North Second Street, Yakima, WA 98901. Final payment is to include an additional $10,000, provided that the conditions of Sectiran,(E) have been met. 5. ATTENDANCE, GRADING POLICIES The attendance and grading policies described in 2(K) of this Agreement are the same as for all other YV-TECH classes. This policy and the YV-TECH calendar will be provided to the Yakima Fire Department at the beginning of each year. 3 6. SELECTION PROCESS The processes 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 approved students. E. YV-TECH and the City will conduct a student/parent orientation in September 2007. The Yakima Fire Department and advisory committee are encouraged to have representatives present on this evening. F. Classes start on August 27, 2006, at 8 a.m., which is YV-TECH's beginning date and time for all students. G. Only high school students who are 16 years of age or older may enroll for the purposes described above when recommended by the career and technical education counselor of the high school and YV-TECH. 7. LOCAL FIREFIGHTING TRAINING ADVISORY COMMITTEE The existing local firefighting advisory committee will annually evaluate the curriculum, measure outcomes and perform strategic direction for the cadet program. The committee is made up of members from the local higher education community, Fire Districts, Fire Departments and YV-TECH staff. The Yakima Fire Department shall have at least two members on the committee. 8. STUDENT LEADERSHIP Student leadership is an Office of Superintendent of Public Instruction -mandated component of career and technical education program offerings, and the City would be expected to participate in established leadership activities and to design appropriate leadership experiences for all firefighting enrolled students. 9. 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. 10. 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, laws relating thereto shall be in full force and effect during the performance of this agreement. 4 11. WAIVER OF BREACH A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict perforniance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 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. NEUTRAL AUTHORSHIP Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 14. 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. This agreement shall be construed, enforced and interpreted pursuant to the laws of the State of Washington. The parties agree that any dispute arising under this agreement shall be heard in a court of competent jurisdiction in the State of Washington. The parties hereby consent to the personal and subject matter jurisdiction of said courts. 15. NONDISCRIMINATION No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by, or resulting from, this agreement on the grounds of age, sex, race, color, creed, or 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. Yakima Valley Technical Skills Center is an Equal 5 Opportunity Employer and complies with the requirements of ADA. Inquiries regarding compliance and/or grievance procedures may be directed to YV-TECH's Title IX/RCW 28A.640 compliance officer and ADA coordinator, Jill Kelleher at (509) 573-7066. 16. MISCELLANEOUS The City of Yakima certifies that its organization and its principals have not been suspended or debarred from federally funded grant related work. 17. 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) calendar days' written notice by either party to the other of intent to terminate with or without cause. C. By either party for breach of the obligations set forth in this Agreement. The party in default shall have five (5) business days to cure said breach to the satisfaction of the other party. D. In the event of any termination hereunder, YV-TECH shall reimburse the City at a rate of Three Hundred Fifty -One dollars and Ninety -Four cents ($351.94) per day up to the 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 to the City within thirty (30) days of receipt of an invoice and verification of delivery of service to YV-TECH. 18. NOTICES Unless stated otherwise herein, all notices and demand shall be in writing and sent to the parties at their addresses as follows: To the City: Charles Hines, Chief City of Yakima Fire Department 401 North Front Street Yakima, WA 98901 To YV-TECH: Craig Dwight , Director YV-TECH Skills Center 1116 South 15th' Avenue Yakima, WA 98902 Or to such address as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage pre -paid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 6 19. INDEMNIFICATION AND HOLD HARMLESS A. YV-TECH agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorney's fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the District, its directors, officials, officers, employees, agents, and/or volunteers arising out of or in connection with the activities of YV-TECH under and pursuant to this Agreement, and including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding brought against the City. B. The City agrees to protect, defend, indemnify, and hold harmless YV-TECH, its officials, officers, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorney's fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the City, its directors, officials, officers, employees, agents, and/or volunteers arising out of or in connection with the activities of the City under and pursuant to this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding brought against YV-TECH. C. In the event that the officials, officers, agents, and/or employees of both YV- TECH and the City are negligent, each Party shall be liable for its contributory share of ,negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). D. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the other party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. E. Nothing contained in this Section or this Agreement shall be construed to create a right of indemnification in any third party. F. The provisions of this Section shall survive the termination or expiration of this Agreement. 20. THIRD PARTIES The City and YV-TECH are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 7 21. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 23. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. 24. FILING WITH COUNTY AUDITOR The City shall file a copy of this Agreement with the Yakima County Auditor's Office (pursuant to RCW 39.34.040).'Ktiroi, CITY OF YAKIMA By: Date: R.A. Zars, Jr. City Manager CITY 0 YAKIMA FIRE DEPARTMENT By: Charles Hines Fire Chief YAKIMA SCHOOL DISTRICT NO. 7 Date: Benjamin A. Soria Superintendent 8 ATTEST City Clerk City Contract No: ,WD07—? Resolution No: ,4 o7V7-/3O Date: 8 ` 70) YV-TECH SKILLS CENTER By: �� �l�/GGG Craig Dwight Director 2/3/4 Date: • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 1 For Meeting Of 9-18-07 ITEM TITLE: Consideration of a Resolution ratifying the City Manager's execution of a renewal agreement between the City of Yakima and Yakima School District No. 7 — YV TECH to provide educational services for Fire Fighter Cadet training SUBMITTED BY: Chief Charlie Hines CONTACT PERSON/TELEPHONE: Deputy Chief Bob Stewart; 575-6079 SUMMARY EXPLANATION: The City of Yakima and Yakima School District No. 7 have developed a commitment to youth through our Yakima Valley Technical Fire Cadet Program. The Fire Cadet Program is an opportunity where young people can earn college credit; develop teamwork, work ethic, respect as well as cognitive and manipulative skills. Our regional fire -training center maximizes its value through its utilization in housing the Fire Cadet Program. This request addresses several aspects of the City Council's Strategic Priorities: • Partnerships and job creation • Responsive actions and effective, public relations/education programs • Greater regionalization and coordination of intergovernmental cooperation City Manager's authorization to execute the agreement will allow both agencies to continue our current agreement to the 2007-2008 school year. Staff anticipated contract renewal during budget process and funds included in current budget. Resolution x Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source Yakima School .trio #77 &&GGeneral Fund Fire APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: