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HomeMy WebLinkAboutR-1993-018 Big Bend College / FAA41110 RESOLUTION NO. R-93- 18 A RESOLUTION authorizing the execution of a contract to provide instructional services with Big Bend Community College. WHEREAS, the City of Yakima and Big Bend Community College desire to arrange for provision of instructional services to the City, so that the City can comply with federal requirements for trained staff at the Yakima International Airport, and the City Council of the City of Yakima deems it to be in the best interest of the City that such arrangement be carried out according to the provisions, terms, and conditions of the attached contract, which should be executed at this time, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Big Bend Community College and the Port of Moses Lake for the purpose given above, a true copy of which agreement, entitled "Contract to Provide Instructional Services," is attached and made a part hereof by this reference. ADOPTED BY THE CITY COUNCIL thisa9L. day of ‘--/C...Yac , 1993 cLYfeA ATTEST Mayor g. A City Clerk (1s)res/big bend sc • BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES 1 THIS AGREEMENT is made and entered into this /5 day of March, 1993, by and between BIG BEND COMMUNITY COLLEGE, located at 7662 Chanute St., Moses Lake, WA, 98837, hereinafter referred to as the "College", The Port of Moses 1 ake, 7810 Andrews St. NE, Moses Lake, WA 98837, hereinafter referred to as the "Port", and the city of Yakima, 129 North Second Street, Yakima, WA 98901, hereinafter referred to as the "Contracting Party" WITNESSETH: WHEREAS, the College and Port have the authority to employ staff; and WHEREAS, the College and the Port have agreed to enter into a instructional services agreement with the Contracting Party to provide customized Aircraft Rescue Fire Fighting training of a four (4) hour training session for twelve (12) participants on April 20, 1993 at the Grant County Airport, Moses Lake, WA The training will include a safety briefing and live • fire drills with handlines and a T - 1500 ARFF vehicle. Under the direction of the College's Training Supervisor, the Contracting Party's Training/Safety Officer will conduct the above training NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the Parties hereto do mutually agree as follows. ARTICLE 1. THE WORK AND SERVICES The College shall coordinate the above training, hire the Training Supervisor, be responsible for recharging the breathing apparatus, and reimburse the Port for personnel, equipment, materials, fuel, Purple K, and other supplies as described in Burn Pit Maintenance and Operation ad & 0) in Attachment I A. The College shall bill the Contracting Party. The Port shall provide all supplies and materials (Purple K, fuel, etc.) except AFFF which will be supplied by the Contracting Party , order the Porta Pottie, notify the Department of Ecology, Sheriff, Grant Co. #5, etc!, of the burn days, keep track of the number of annual burn days, operate the pit, maintain the pit, clean up the pit after each burn, and supply the T - 1500 ARFF vehicle. The Port shall bill the College for the Burn Pit Maintenance and Operations (M & 0) costs as described in Attachment A. The Contracting Party shall provide the transportation to the training, provide a Training/Safety Officer, supply the AFFF, supply the personal equipment and clothing for each participant, and reimburse the College' for total costs as described in Attachment A. • ARTICLE 2 COMPENSATION The special training fee for this training shall go directly to the College and shall not be less than full instructional costs of such services. The Contracting Party shall reimburse the College 1,706 00 plus actual costs for fuel as outlined in Attachment A Upon receipt of the billing from the College, the Contracting Party shall reimburse the College within thirty (30) days. The College shall reimburse the Port for personnel, equipment, materials, fuel, AFFF, Purple K, and other supplies as described in Burn Pit Maintenance and Operation (M & 0) in Attachment A Upon receipt of the billing from the Port, the College shall reimburse the Port within thirty (30) days. ARTICLE 3 RELATIONSHIP OF THE PARTIES There are no employment benefits under this contract. The parties intend that an independent contractor relationship will be created by this agreement. No agent, employee, servant or otherwise of the Contracting Party shall be or shall be deemed to be an employee, agent, servant, or otherwise of the College for any purpose. The Contracting Party is not entitled to any of the benefits that the College provides for College employees. The Contracting Party will be solely and entirely responsible for the acts of any of its agents, employees, servants, subcontractors, or otherwise during the performance of this contract. In the performance of the services herein contemplated, the Contracting Party is an independent contractor. However, the work contemplated herein must meet the approval of the College pursuant to the provisions under which the services and work were let to the Contracting Party ARTICLE 4 INDEMNIFICATION All services to be rendered or performed under this agreement will be rendered or performed entirely at the Contracting Party's own risk and the Contracting Party expressly agrees to indemnify and hold harmless the State of Washington, the College, and all officers, agents, employees or otherwise from any and all liability, loss or damage that they may suffer as the result of claims, demands, actions, damages or injuries of every kind or nature whatsoever by or to any and all persons or property, including reasonable attorney's fees, or judgments against them which result from, arise out of, or are in any way connected with the services to be rendered or performed by the Contracting Party under the terms of this agreement. The Contracting Party agrees to defend against any claims brought or actions filed against the State, or the College with respect to the subject of this agreement whether they are rightfully or wrongfully brought or filed ARTICLE 5 VENUE S'i 1PULATION This agreement has and shall be construed as having been made and delivered within the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this agreement or any provisions hereto shall be instituted only in the courts of competent jurisdiction within Grant County, Washington. Page 2 • • • ARTICLE t COMPLIANCE WITH LAWS The Contracting Party in the performance of this agreement agrees to comply with all applicable federal, state and local laws, ordinances and regulations including but not limited to those pertaining to civil rights The Contracting Party may not, without prior written approval of the College, assign, sublet or transfer in whole or in part his interest in this agreement. ARTICLE 7 INTEGRATION This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties. All parties have read and understand the above contract and now state that no representations, promises, or agreements not expressed by this agreement have been made to induce the other to execute the same. ARTICLE 8. CONFLICT BETWEEN DOCUMENTS In the event of any conflict or discrepancy between the provisions of this document and the provisions of any other agreement, the provisions of this document shall be controlling. ARTICLE 9. TERMINATION Either party reserves the nght to terminate this agreement for any reason upon thirty (30) days written notice. In the event of termination through no fault of the Contracting Party, the College agrees to pay the Contracting Party for all services performed to the date of termination based upon a pro rata breakdown of the total compensation as set forth in Section 2 hereinabove, and documentation by the Contracting Party that services have been performed to the date of termination and acceptance of said documentation by the College. In any event, this agreement terminates pursuant to Article 17 on June 30, 1993, unless modified pursuant to Article 12. ARTICLE 10. NON-DISCRIMINATION The parties hereto specifically agree to provide equal opportunity in education and employment and not to discriminate on the basis of race, creed, color, sex, sexual preference, national origin, or disability status in accord with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. ARTICLE 11. ASSIGNMENT This agreement is one for instructional may not assign or transfer in whole or in part, written consent of the College and the Port. vices, and accordingly, the Contracting Party interest in this agreement without the express Page 3 • ARTICLE 12 MODIFICATION The terms and conditions of this agreement may be modified in wnting by mutual agreement of the College, the Port, and the Contracting Party. Such modifications may be agreed upon by executed addendum which shall then be attached to this document. No modification or amendment to this agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present agreement. ARTICLE 13 WAIVER No officer, employee, agent or otherwise of the College has the power, right or authority to waive any of the conditions or provisions to this agreement. No waiver of any breach of this agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law Failure of the College to enforce at any time any of the provisions of this agreement or to require at any time performance by the Contracting Party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this agreement or any part hereof, or the right of the College to hereafter enforce each and every such provision. ARTICLE 14. NOTICES All notices called for or provided for in this agreement shall be in writing and must be served on any of the parties either personally or by certified mail, return receipt requested, send to the parties at their respective addresses hereinabove given. Notices shall be sent to the original signatones at the addresses listed in the first paragraph on the first page. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. ARTICLE 15. HEADINGS The article headings in this agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the articles to which they pertain. ARTICLE 16. FEDERAL FUNDS State regulations require the College to report all federal funding received directly or indirectly The Contracting Party will indicate if any federal funds are used to support this contract below: Yes, Contracting Party will use federal funds to support this contract. Amount $ Federal Catalog No. No, the Contracting Party will not use federal funds to support this contract. Page 4 • ARTICLE 17 DURATION OF AGREEMENT • This instructional services agreement shall be effective from the date of execution to June 30, 1993, unless terminated or modified, pursuant to Articles 9 and 12 of this agreement. Any extensions to this agreement, pursuant to Article 12, may be made by the College, which action shall be reflected by an addendum signed by the parties and attached to this document. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year set forth hereinabove. BIG BEND COMMUNITY COLLEGE regory G Fitch, President PORT OF MOSES LAKE afixt Delone D Krueger, Pr dent I5ate CITY OF YAKIMA Richard A. zais City Manager Date Attested by. 3A,2Cv/93 Karen Roberts, City Clerk Date ci.ry -T Page 5 • AIRCRAFT RESCUE AND FIRE FIGHTING SCHOOL Big Bend Community College The Port of Moses Lake City of Yakima/Yakima International Airport Cost Estimate for April 20. 1993 Attachment A This cost estimate is for one (1) four hour training session with twelve (12) participants. The program includes a safety briefing and live fire drills with handlines and a T -1500 ARFF vehicle. Under the direction of the College's Training Supervisor, Yakima International Airport's training/safety officer direct the training. Instruction/Curriculum (I/C) - Operations and Coordination $100 - Training Supervisor 143 - Equipment/Materials Reserve ($20 per person) 240 Subtotal $483 UC cost per person = $40.25 Burn Pit Maintenance and Operation (M & 0) - Fuel (Actual used) --- - AFFF (Contracting Agency will supply) - Tower Operator 143 - T 1500 & Driver 300 - Misc. ($5 per person) 60 - Pit Clean Up and M & 0 Reserve ($60 per person) 720 Subtotal $1,223 plus fuel Burn pit M & 0 cost per person = $101 92 plus fuel TOTAL $1,706 plus fuel Total Cost Per Person = $142.17 plus fuel This cost estimate does not include transportation to the school or room and board. 3/12/93