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HomeMy WebLinkAboutR-1994-026 Instructional servicesRESOLUTION NO. R-94 - 26 A RESOLUTION authorizing the execution of an instructional services contract with Big Bend Community College. WHEREAS, the City of Yakima needs to have personnel receive instruction in aircraft rescue fire fighting so that the City can comply with federal requirements for trained staff at the Yakima International Air Terminal, and WHEREAS, Big Bend Community College has expertise in aircraft rescue fire fighting and training and desires to provide said instructional services to the City; and WHEREAS, the Port of Moses Lake has faciliti S -where said instructional services can be provided and desires to so provide them, and WHEREAS, the City of Yakima deems it to be in the best interest of the City that such arrangements be carried out according to the provisions, terms, and conditions of the attached instructional services contract, 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 the attached and incorporated instructional services contract with Big Bend Community College and the Port of Moses Lake for the purpose given above. ADOPTED BY THE CITY COUNCIL this 15 t hday of Nit 7/ L) ATTESTMayor � ) As istant MaY or City Clerk 1 ls)res _r.st :ctional services pm , 1994 gq- q 44- Li BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES THIS AGREEMENT is made and entered into this /4-1 411- day of February, 1994, 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 LAKE, 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 one (1) four hour training sessions for ten (10) to twenty (20) participants at the Grant County Airport, Moses Lake, WA. The specific dates for the training shall be mutually agreed upon by all parties. All parties agree that the training dates can be rescheduled forty- eight (48) hours prior to the training in the event of a declared stage of impaired air quality or air pollution episode, inclement weather, mechanical failures, or other problems that would inhibit and/or prohibit the training. 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 will coordinate the above training, hire the Training Supervisor and reimburse the Port $100.00 per participant for burn pit maintenance and operations plus the actual costs for fuel and foam. The College will bill the Contracting Party $140.00 per participant plus the actual costs for fuel and AFFF. The Port will provide all supplies and materials (AFFF, Purple K, fuel, etc.), 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 and driver. The Port will bill the College $100.00 per participant for the burn pit maintenance and operations plus the actual costs for fuel and AFFF. The Contracting Party will provide the transportation to the training, provide a Training/Safety Officer, supply the personal equipment and clothing for each participant, and reimburse the College $140.00 per participant plus the actual costs for fuel and AFFF. ARTICLE 2. COMPENSATION There are no employment benefits under this contract. The College and the Port will provide the instructional services listed above for the fee of $140.00 per participant plus actual costs for fuel and AFFF. Upon receipt of the billing, the Contracting Party will reimburse the College within thirty (30) days. ARTICLE 3. RELATIONSHIP OF THE PARTIES 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 STIPULATION 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 6. 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 right 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, 1994, 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 services, and accordingly, the Contracting Party may not assign or transfer in whole or in part, its interest in this agreement without the express written consent of the College and the Port. Page 3 ARTICLE 12. MODIFICATION The terms and conditions of this agreement may be modified in writing by mutual agreement of the College 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 send 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 run from the date 1994, unless terminated or modified, pursuant to Articles 9 and 12 extensions to this agreement, pursuant to Article 12, may be made by shall be reflected by an addendum signed by the parties and attached of execution to June 30, of this agreement. Any the College, which action 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 R. • go G. Fch, President Date PORT OF MOSES LAKE °\--Larry P=' rson, President CITY OF YAKIMA Richard A„ Zais City Manager Attested by: / Date 3/;)5/1 y Date Karen Roberts, City Clerkig), 5- /4,7c Date CO CONTRACT NO. qq- Page 5 ADDENDUM NUMBER ONE Authority This is the first addendum to the 1993-94 Instructional Services Agreement between Big Bend Community College No. 18, the Port of Moses Lake, and the City of Yakima. This formal addendum is executed under the provisions of Article 12 of the aforementioned agreement and shall become part of the agreement when signed by authorized representatives of all parties. A copy of the agreement is attached. Purpose The purpose of this addendum is to renewal the terms of the aforementioned agreement by amend the termination date of the contract outlined in Article 9. TERMINATION and Article 17. DURATION OF THE AGREEMENT. The Addendum All parties hereby agree to renew the aforementioned agreement for the period of July 1, 1994 to June 30, 1995. The date of the customized training activity outlined in the contract shall be mutually agreed upon by representatives from each party. WITNESS OUR HANDS AND SEALS THIS DAY OF JUNE, 1994. BIG BEND COMMUNITY COLLEGE NO.18 • i34 Gregory G. Fitch, President PORT OF MOSES LAKE Date PFlson, President Date CITY OF YAKIMA Richard A. Zais, City Manager ATTESTED BY: Karen Roberts, City Clerk CITY CONTRACT NO. " Date 9./.? Date BIG BEND COMMUNITY COLLEGE i �,�Q, 'a��irE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES s c � ��?�� 4 } THIS AGREEMENT is made and entered into this i`-,'{ `day of February, 1994, 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 LAKE, 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 one (1) four hour training sessions for ten (10) to twenty (20) participants at the Grant County Airport, Moses Lake, WA. The specific dates for the training shall be mutually agreed upon by all parties. All parties agree that the training dates can be rescheduled forty- eight (48) hours prior to the training in the event of a declared stage of impaired air quality or air pollution episode, inclement weather, mechanical failures, or other problems that would inhibit and/or prohibit the training. 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 will coordinate the above training, hire the Training Supervisor and reimburse the Port $100.00 per participant for burn pit maintenance and operations plus the actual costs for fuel and foam. The College will bill the Contracting Party $140.00 per participant plus the actual costs for fuel and AFFF. /6, %gut -,'-022:.(0 The Port will provide all supplies and materials (AFFF, Purple K, fuel, etc.), 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 and driver. The Port will bill the College $100.00 per participant for the burn pit maintenance and operations plus the actual costs for fuel and AFFF. The Contracting Party will provide the transportation to the training„ provide a Training/Safety Officer, supply the personal equipment and clothing for each participant, and reimburse the College $140.00 per participant plus the actual costs for fuel and AFFF. ARTICLE 2. COMPENSATION There are no employment benefits under this contract. The College and the Port will provide the instructional services listed above for the fee of $140.00 per participant plus actual costs for fuel and AFFF. Upon receipt of the billing, the Contracting Party will reimburse the College within thirty (30) days. ARTICLE 3. RELATIONSHIP OF THE PARTIES 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. ][NDEMNIFICATION 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, darnages 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 STIPULATION 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 jud:icial 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 6. 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 right 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, 1994, 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 services, and accordingly, the Contracting Party may not assign or transfer in whole or in part, its interest in this agreement without the express written consent of the College and the Port. Page 3 ARTICLE 12. MODIFICATION The terms and conditions of this agreement may be modified in writing by m.utual agreement of the College 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 ]',aw. Failure of the College to enforce at any time any of the provisions of this agreement or to require at any time perforniance 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 send 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. X. No, the Contracting Party will not use federal funds to support this contract. Page 4 ARTICLE 17. DURATION OF AGREEMENT Tl:.; instructional services agreement shall run from the date of execution to June 30, 1994, 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 . Fitch, President PORT OF MOSES LAKE Date ,7Larry Irson, President Date CITY OF YAKIMA Richard A. Zais City Manager Attested by: /`> Date 3/ 5-/%y Karen Roberts, City Clerk Date CITY CONTRACT NO: q u-1`? /4.-�L z� Page 5 n -s7 BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES THIS AGREEMENT is made and entered into this day of Fes, 1996, 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 LAKE, 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 an instructional services agreement with the Contracting Party to provide customized Aircraft Rescue Fire Fighting training in a four (4) hour training session for up to sixteen (16) participants on a mutually agreed upon date in 1996 at the Grant County Airport, Moses Lake, WA. The training is subject to Department of Ecology air quality restrictions and weather conditions which create an unsafe training environment. The training will include a safety briefing and live fire drills with handlines and a T - 1500 ARFF vehicle. Under the instruction 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, and reimburse the Port $1,420 plus actual costs for fuel, AFFF, and dry chemicals used by the Contracting Party. The College shall bill the Contracting Party $2,786 plus actual costs for fuel, AFFF and dry chemical. With approval by the Port, the Contracting Agency may provide AFFF and/or dry chemical. The Port shall provide all supplies and materials (AFFF, Purple K, fuel, etc.), 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 $1,420 and for actual costs of fuel, AFFF, and dry chemical used . The Contracting Party shall provide the transportation to the training, provide a Training/Safety Officer, supply the personal equipment and clothing for each participant, and reimburse the College for the total costs. 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 $2,786 plus actual costs for fuel, AFFF, and dry chemical. 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. 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. ARTICLE 4. INDEMNIFICATION Each party shall defend, protect, and save harmless the other party from and against all claims, suits, and/or actions arising from any negligent act or omission of the party's employees, agents, and/or authorized subcontractor(s) while performing this agreement. ARTICLE 5. VENUE STIPULATION 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. ARTICLE 6. COMPLIANCE WITH LAWS In the performance of this agreement, the parties to this agreement agree 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. Page 2 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 Each party to this agreement reserves the right to terminate this agreement for any reason upon thirty (30) days written notice. In the event of termination through no fault of the College or Port, the Contracting Party agrees to pay the College and Port 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 College and/or Port 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, 1996, 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, age, 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 services, and accordingly, the Contracting Party may not assign or transfer in whole or in part, its interest in this agreement without the express written consent of the College and the Port. ARTICLE 12. MODIFICATION The terms and conditions of this agreement may be modified in writing 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. Page 3 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 signatories 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. ARTICLE 17. DURATION OF AGREEMENT This instructional services agreement shall be effective from the date of execution to June 30, 1996, 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. Page 4 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 1(1 William C. Bonaudi, President PORT OF MOSES LAKE Delone D. Krueger, President THE CITY OF YAKIMA Date 4' 7 Date 2-((3(,6 Richard A. Zais, City Manager Date Attested by: A fr,cc Karn R6berts, City Clerk Date Page 5 MEMORANDUM February 13, 1996 To: K. Alan Chronister, Fire Chief An From: Gene Martin, Deputy Chie n kA, Subject: Signatures for Contract Please find attached three (3) copies of the contract for Aircraft Rescue and Fire Fighting Live Burn Training which has been tentatively scheduled for May 8. This training is required by the F.A.A. to maintain the operations certificate at the Yakima Air Terminal. Please have the City Manager and the City Clerk sign all three (3) copies of the contract so that I can return them to the Port of Moses Lake and Big Bend College for their signatures. Once all parties have signed they will return a completed original for our files. Thanks for your help. w\lkAc()\\N(0 ID 7662 Chanute Street Big Bend Community College Moses Lake, WA 98837-3299 MEMORANDUM January 30, 1996 TO: Gene Martin FROM: Mike Kelly' SUBJECT: ARFF Training Contract (509) 762-5351 TDD (509) 762-6335 FAX (509) 762-6329 Enclosed are three (3) copies for the ARFF training for 1996. Please have all three (3) copies signed and return them to me. I will get the signatures from the Port and College and send you back a fully executed contract. Check you calendar and we establish the training date and do a Letter of Agreement (LOA) for that date. If you have any questions, please call me at 762-6242. c: Jerry Shotts Bonnie Lamb Gary White / RESOLUTION NO. R-94 - 26 A RESOLUTION authorizing the execution of an instructional services contract with Big Bend Community College. WHEREAS, the City of Yakima needs to have personnel receive instruction in aircraft rescue fire fighting so that the City can comply with federal requirements for trained staff at the Yakima International Air Terminal; and WHEREAS, Big Bend Community College has expertise in aircraft rescue fire fighting and training and desires to provide said instructional services to the City; and _ WHEREAS, the Port of Moses Lake has facilitiet-where said instructional services can be provided and desires to so provide them; and WHEREAS, the City of Yakima deems it to be in the best interest of the City that such arrangements be carried out according to the provisions, terms, and conditions of the attached instructional services contract, 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 the attached and incorporated instructional services contract with Big Bend Community College and the Port of Moses Lake for the purpose given above. ADOPTED BY THE CITY COUNCIL this 15 t hday of , 1994. ATTEST: City Clerk !ls)res _^sc:;ctional services.ym Gkrx C- / JG C - e? Asistant Mayor