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HomeMy WebLinkAboutR-1997-056 Big Bend Community CollegeRESOLUTION NO. R - 97-56 A RESOLUTION authorizing the execution of an annual instructional services contract with Big Bend Community College WHEREAS, the City of Yakima needs to have personnel receive annual instruction in aircraft rescue fire fighting so that the City can comply with federal requirements for trained staff at the Yakima International Airport - McAllister Field; and WHEREAS, Big Bend Community College has expertise in aircraft rescue fire fighting and training and desires to provide said instructional service to the City; and WHEREAS, the Port of Moses Lake has facilities where said annual 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 annual instructional services contract with Big Bend Community College and the Port of Moses Lake for the purpose given above on a year-to-year basis. ADOPTED BY THE CITY COUNCIL this 15th day of '•ril , 1997. A 1 1'EST: •— City Clerk Buchanan , Mayor BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES THIS AGREEMENT is made and entered into this 27 ' day of March, 1997, 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 seventeen (17) participants on April 18, 1997, or another mutually agreed upon date, 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 $1,485 plus actual costs for fuel, AFFF, and dry chemicals used by the Contracting Party. The College shall bill the Contracting Party $2,720 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 $2,720 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, 1997, 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, 1997, 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 anaddendum 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 William C. Bonaudi, President Date PORT OF MOSES LAKE David M. Bailey, Executive Manager THE CITY OF YAKIMA Richard A. Zais, City Manager Attested by: cA//aiLa../..k_,„xf Karen Roberts,. City Clerk cm cicomitt ro: 97—q 7 REML111011 Page 5 /17/7 Date .41// 7/c77 Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: 04/08/97 bM IrILE: Contract with Big Bend Community College for Annual Required Federal Aviation Administration Live Fire Training SUBMi'I'i"hD BY: K. Alan Chronisten; Fire Chief CONTACT PERSON/I"ELEPHONE: Gene Martin, Deputy Chief, 576-6350 SUMMARY EXPLANATION: The F.A.A. requires crews stationed at the airport to complete a live fire exercise on an annual basis. The past three years we have utilized the facility at Big Bend Community College to meet this requirement. This resolution will allow the City Manager and City Clerk to sign the necessary annual contract with Big Bend Community College on a year-to-year basis. Resolution X Ordinance Contract X Other (Specify) Funding Source: Fire Training Fun APPROVED FOR SUBMITTAL: Atm, y% STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES THIS AGREEMENT is made and entered into this day of March, 1998, 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 seventeen (17) participants on April 17, 1998, or another mutually agreed upon date, 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 $1,485 plus actual costs for fuel, AFFF, and dry chemicals used by the Contracting Party. The college shall bill the Contracting Party $2,720 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 $2,720 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, 1998, 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, 1998, 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 r William C. Pionaudi, President PORT OF MOSES LAKE 0 Date 'N9le'S.ttr vid M. Bailey, Executive Manager Date THE CITY OF YAKIMA 3/ S' RichardA.Zais,t Manager Date Attested by: ity Clerk City ``"'act #98-30 Resolution #R-97-56 Page 5 Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 3/17/98 ITEM TITLE: Contract with Big Bend Community College for Annual Required Federal Aviation Administration Live Fire Training. SUBMITTED BY: K. Alan Chronister, Fire Chief CONTACT PERSON/TELEPHONE: Gene Martin, Deputy Chief/576-6350 SUMMARY EXPLANATION: The F.A.A. requires crews stationed at the Airport to complete a live fire exercise on an annual basis. The past three years we have utilized the facility at Big Bend Community College to meet this requirement. This Resolution will allow the City Manager and City Clerk to sign the necessary annual contract with Big Bend Community on a year-to-year basis. X Resolution Ordinance X Contract Other (Specify) Funding Source: Fire Ti Funds APPROVED FOR SUBMITTAL. ity Manager) STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: BIG BEND COMMUNITY COLLEGE CONTRACT TO PROVIDE INSTRUCTIONAL SERVICES THIS AGREEMENT is made and entered into this 22-' day of March, 1999, 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 April 30, 1999, or another mutually agreed upon date, 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 $1,485.00 plus actual costs for fuel, AFFF, and dry chemicals used by the Contracting Party. The College shall bill the Contracting Party $2,720 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 $1,485.00 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 $2,720 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, 1999, 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, 1999, 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 William C. 1onaudi, President PORT OF MOSES LAKE ci-,igf/ Date David M. Bailey, Executive Manager Date THE CITY OF YAKIMA `% /GjCJ y Richard A. Zais, City Manager Date Attested by: Karen Roberts, City Clerk City Contract No. 99-41 Resolution No. R-97-56 Page 5 ii7i?9 Date