HomeMy WebLinkAboutR-2013-120 Yakima Fire Department Training Facility Use Agreement with Yakima School District No. 7 - YV TECH RESOLUTION NO. R- 2013 -120
A RESOLUTION authorizing the City Manager's execution of an agreement
between the City of Yakima and Yakima School District No 7 —
YV TECH to allow the use of the Yakima Fire Departments
training facility to provide educational services for Fire Fighter
Cadet training.
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 "Educational Services for Firefighter Training 2013 - 2014" for the use of the
Yakima Fire Department Training Facility to provide training for the Fire Cadet Program
during the 2013 -2014 school year.
ADOPTED BY THE CITY COUNCIL this 17 day of September 2013.
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Micah Cawley, Ihffayor
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA
AND YAKIMA SCHOOL DISTRICT NO. 7 FOR
EDUCATIONAL SERVICES FOR FIREFIGHTER TRAINING 2013 -2014
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 peiiiiits 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
WHEREAS, YV -TECH desires and has the ability to supply the instructor, funds and
supplies for a firefighting training program for high school students; and
WHEREAS, the City, through its Fire Department, is willing to provide on a
reimbursement basis access to the Burn Room, EVAP Course, Search & Rescue, Ventilation
Drills in Tower with Smoke, Ventilation Drills on Roof Prop, and Car Prop in accordance
with the terms and conditions of this Agreement.
NOW, THEREFORE, 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. A YV -TECH Career and Technical Education Firefighting Instructor to supervise
the students during Fire Department facility use.
B. To reimburse the City of Yakima Fire Department for facility and material usage
on a monthly basis. A Yakima School District/YV -TECH Open Purchase Order
will be created for the City to invoice against on a monthly basis.
C. Assurance that YV -TECH students adhere to the standards, policies, and
regulations of the City during their use of the training facility. 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.
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
2. RESPONSIBILITIES AND DUTIES OF THE CITY. The City shall provide the
following:
A. The City shall provide access to the items on the following page on a reservation
basis by YV -TECH scheduling with the training supervisor at Station 95 by calling
575 -6067:
Drill Grounds - $75 per day; approximately 72 days estimate of $5,400
Burn Room — up to 20 people $250. $25 each above 20.
4 days — 2 sessions of 20 each — estimate - $2,000
Search & Rescue - $30 per hour — 4 days x 5 hrs — estimate $600
Car Prop - $35 per hour plus LPG charge — 3 days x 5 hrs — .estimate $525
Ventilation Drills in Tower - $30 per hour — 2 days x 5 hrs — estimate $300
Ventilation Drills on Roof Prop - $20 per sheet of plywood used —
estimate - $600
YV -TECH Open PO Amount to City: $9,425
B. The City shall invoice YV -TECH for supplies, materials and rental of facilities on a per
usage basis for reimbursement.
3. TERM OF AGREEMENT. The term of this Agreement shall commence on August
27, 2013 and shall terminate at midnight, July 31, 2014, unless sooner terminated by
either party in accordance with Section 11.
4. 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. All policies, procedures, laws relating thereto shall be in full force
and effect during the performance of this agreement.
5. 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 performance 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.
6. 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.
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
7. 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.
8. INTEGRATION. 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.
9. MODIFICATIONS. No modification of this Agreement will be binding on either party
except as a written addendum signed by an authorized agent of both parties.
10. NONDISCRIMINATION. During the performance of this Agreement, the parties
shall not discriminate in violation of any applicable federal, state and /or local law or
regulation on the basis of age, sex, race, color, creed, or national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation,
and any other classification protected under federal, state, or local law. This provision
shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection of training, and the provision of services under this Agreement.
11. 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.
12. NOTICES
Unless stated otherwise herein, all notices and demand shall be in writing and sent to the
parties at their addresses as follows:
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
To the City: To YV -TECH:
Dave Willson, Chief Craig Dwight, Principal
City of Yakima Fire Department YV -TECH Skills Center
401 North Front Street 1120 South 18 Street
Yakima, WA 98901 Yakima, WA 98901
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.
13. INDEMNIFICATION AND HOLD HARMLESS.
A. YV -TECH agrees to protect, defend, indemnify, exonerate, and hold harmless the
City, its elected and appointed officials, agents, and employees (hereinafter
"parties protected') from (1) any and all claims, demands, liens, lawsuits,
administrative and other proceedings, and (2) any and all judgments, awards,
losses, liabilities, damages (including punitive or exemplary damages), penalties,
fines, costs, and expenses (including legal fees, costs, and disbursements) for;
arising out of, or related to any actual or alleged death, injury, damage or
destruction to any person or any property (including but not limited to any actual or
alleged violations of civil rights) to the extent solely or concurrently caused by,
arising out of, or related to any actual or alleged act, action, default or omission
(whether intentional, willful, reckless, negligent, inadvertent, or otherwise)
resulting from, arising out of, or related to the City's provision of services, work or
materials pursuant to this Agreement. YV -TECH further agrees that it specifically
and expressly waives its immunity under industrial insurance, Title 51 RCW or
immunity under any other provision of law to the extent of the obligations assumed
to the parties protected hereunder.
B. The City agrees to protect, defend, indemnify, exonerate, and hold harmless the
City, its elected and appointed officials, agents, and employees (hereinafter
"parties protected') from (1) any and all claims, demands, liens, lawsuits,
administrative and other proceedings, and (2) any and all judgments, awards,
losses, liabilities, damages (including punitive or exemplary damages), penalties,
fines, costs, and expenses (including legal fees, costs, and disbursements) for,
arising out of, or related to any actual or alleged death, injury, damage or
destruction to any person or any property (including but not limited to any actual or
alleged violations of civil rights) to the extent solely or concurrently caused by,
arising out of, or related to any actual or alleged act, action, default or omission
(whether intentional, willful, reckless, negligent, inadvertent, or otherwise)
resulting from, arising out of, or related to the City's provision of services, work or
materials pursuant to this Agreement. The City further agrees that it specifically
and expressly waives its immunity under industrial insurance, Title 51 RCW or
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
immunity under any other provision of law to the extent of the obligations assumed
to the parties protected hereunder.
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. Nothing contained in this Section of this Agreement shall be constructed to create
a right of indemnification in any third party.
E. The provisions of this Section shall survive the termination or expiration of this
Agreement.
14. 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.
15. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
16. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
17. 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.
18. MISCELLANEOUS. City of Yakima, Washington certifies that our organization and
its principals or any sub - recipients have not been suspended or debarred from federally
funded grant related work.
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
19. 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).
CITY OF Y , KIMA ATTEST r ` AI � � ,
By: 4.,_.■ --■ \ iz 4
1/ / # V - 1 i
Ton . 'Rour City Manager ,7 Ci lerk ,.;s
Date: ° L*,- 0 City Contract No: ,..--0/3.--/ 6c,
Resolution No: i',9- ?—
CITY 0 • AKIMA FIRE DEPARTMENT
By: � I Date: 9 - 20- 1,
Dave Willson Fire Chief
YAKIMA SCHO DISTRICT NO. 7 YV -TECH SKILLS CENTER
i G, --
`-x Elaine Beraza �ig Dwight
Superintendent Director /Principal
Date: l2 " 7 1 / 3 Date:
ATTEST Initialed by 4 Dr Jack Irion, Deputy Superintendent
❑ Scott Izutsu, Assistant Superintendent
Business Services
City Clerk
Contract No. (9 3 -
Resolution No. 13-- 12-0
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City of Yakima — YV -TECH ILA, Facility Use 2013 -2014
ADDENDUM TO CONTRACT
Yakima Public Schools
and
City of Yakima
2013 -2014 School Year
Your contract is hereby amended to change terms of payment to the following:
TERMS OF PAYMENT
Upon receipt and acceptance of Service Provider's Invoice, District shall make prompt
monthly payments as follows:
Invoice received and accepted by the 10 will be paid and mailed on the 25
Invoice received and accepted by the 25 will be paid and mailed on the 10
"Paid" is defined as the District's normal accounts payable operating process. "Paid" is
further defined as a warrant issued and mailed via the United States Postal Service system.
CITY OF YAKIMA YAKIMA SCHOOL DISTRICT #7
Sign re: Signature:
Tye ame: n Typed Name:
TOM) ( ka.LO Q_ Dr. Elaine Beraza
Titre: , Title.
`7‘,\ KOjkattV Superintendent
Date: ` Date:
flit L
City: City
Yakima
JA Sign ure: /�r—
CITY CONTRAC f N (YT� /� �G . � � L� GG. `�
,�2D�3'�?� Typed Narrye
RESOLUTION
Craig Dwight
Date:
6y
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT.
Item No.!5
For Meeting of: 9/17/2013
ITEM TITLE: Resolution authorizing an agreement with Yakima School
District No. 7 — YV TECH to allow the use of the Yakima Fire
Departments training facility to provide educational services
for Fire Fighter Cadet training.
SUBMITTED BY: Dave Willson, Fire Chief
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.
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
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Ordinance:
Contract Term:
End Date:
Amount:
Yakima School District #7
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
City Manager
Description Upload Date Type
L-1 YV-Tech Resolution 812612013 Resolution
❑ 2013 - 2014 YV Tech Agreement 812612013 Contract