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Home My WebLink AboutR-1997-098 State Vocational Rehabilitation ContractRESOLUTION NO. R97- 9 8 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an On -the -Job Training Agreement with James Henness and representatives of the treatment facility. WHEREAS, the City of Yakima operates a wastewater treatment facility at which the State of Washington is desirous of placing James Henness to be trained as a Wastewater Treatment Plant Operator, and WHEREAS, James Henness has offered to be trained as a Wastewater Treatment Plant Operator at the City wastewater treatment facility; and the City council deems it to be in the best interest of the City that the attached On - the -Job Training Agreement be executed to provide for the responsibilities of the trainee and the entities in the training program, 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 On -the -Job Agreement with James Henness and representatives of the State of Washington for the purpose described above, a copy of which On -the Job Training Agreement is attached hereto and by reference made a part hereof. ADOPTED THIS 1s) day of , 1997. ATTEST: CITY CLERK resolution voc rehab 7/8/97 cw ayor Lynn Buchanan REHABILITATION & EVALUATION SERVICES, INC. Dwight A. Thompson, M.S.W , C.I.R.S., C C.M., BCD President Reply to ON-THE-JOB TRAINING AGREEMENT WITH THE CITY OF YAKIMA TRAINER: City of Yakima, Wastewater Treatment Plant TRAINEE: James Henness Claim No.: N379306 AGREED: 1. Training will be provided by the City of Yakima as a Wastewater Treatment Plant Operator in training, 40 hours per week for the 52 weeks commencing on July 28, 1997, and ending on July 27, 1998. All expenses will be paid by the Department of Labor and Industries. 2. The Process Control Supervisor at the facility will provide general supervision and outline training activities. 3. James Henness will employ in the following: Chlorination, janitorial equipment maintenance, laboratory testing, plant operations, log entries, monitoring plant processes, gathering samples, cleaning various plant equipment and other related duties as required. 4. Sandra Siverts, Vocational Rehabilitation Counselor at Rehabilitation & Evaluation Services, Inc., will prodie monitoring of this Plan and will abet both the trainee and the trainer as needed throughout the 52 weeks of training. 5. Mr. Henness will be responsible, prompt, efficient in his work and timely in his academic assignments and aide by all rules of conduct of employees of the City of Yakima. 6. The City of Yakima will not be responsible for any liability for on-the-job injuries during the training duration. Mr. Henness will submit any claim for any loss suffered due to participation in the training, to the Department of Labor and Industries under his existing Claim No: N379306. Mr. Henness will not have the Labor and Industries coverage through the City of Yakima. Mr. Henness has observed the conditions for the Yakima Wastewater Plant and is aware of the constant risks of severe injury or death during the activities during his performance there. Seattle Home Office 226 Summit Avenue East Seattle, Washington 98102 (206) 322-2900 FAX. (206) 328-5399 4620 200th St. SW Suite D Lynnwood, WA 98036 (206) 672-0444 FAX: (206) 778-5547 LI 2215 Elm St. Bellingham, WA 98225 (360) 734-7064 FAX. (360) 647-7561 707 W 5th Avenue Suite 1 Spokane, WA 99204 (509) 747-1618 FAX. (509) 747-3573 J 7411 W Clearwater Suite A-1 Kennewick, WA 99336 (509) 783-0746 FAX. (509) 735-9610 3015 Bridgeport Way W Tacoma, WA 98466 (206) 565-9579 FAX. (206) 565-9678 J State & Sawyer Building 2120 State Ave. NE, Ste. 202 Olympia, WA 98506 (360) 943-5512 FAX. (360) 943-6233 Larson Building, Suite 804 6 South 2nd Street Yakima, WA 98901 (509) 576-8788 FAX (509) 452-8581 108 West Main Suite C Ritzvilte, WA 99169 (509) 659-1856 FAX. (509) 747-3573 J Med/Dent Bldg., Ste. 215A 423 Pacific Avenue Bremerton, WA 98337 (360) 373-1086 FAX. (360) 373-4512 306-B Pine Street Mt. Vernon, WA 98273 (360) 336-3409 FAX. (360) 336-1062 2 Mr. Henness recognized that his activities at the City facility will bring him in contact with unusual working conditions which include, but are not limited to, the following: - Exposure to chlorine gas; - Exposure to caustic materials; - High electrical voltages; - Working on ladders, scaffolding and numerous flights of stairs; - Working in confined spaces near the location of toxic gasses; and - Lifting of objects sufficient to cause back injuries or to lose balance if not lifted carefully. Mr. Henness for himself, his heirs, administrators, and assigns, does release and discharge the City of Yakima and it's officers, employees, and agents from all claims, demands, action causes of any sort, for injury sustained to his person and/or property during Mr. Henness' presence on the facility premises and any other aspect of this learning experience, due to negligence or any other fault. 7. The City of Yakima, as trainer, and as a non-profit organization, is not obligated for any wages, salaries, or other remuneration to the trainee for any services rendered. Mr. Henness will continue to receive time loss compensation under Claim No. N379306 throughout the training program. 8. The City of Yakima may terminate this Agreement at any time for any reason related to the claimant's attitude, attendance, work habits, performance, etc. 9. The trainee acknowledges that he has had the opportunity to read every part of the above Agreement and to consult an attorney if he so chooses. 10. This contract will not be effective until signed by James Henness and a representative of the Department of Labor and Industries having authority to bind the State to the responsibilities recited above, including the submission of any new injuries under Mr. Henness' Claim No. N379306. It is understood and agreed that Mr. Henness will not start any training until the Department of Labor and Industries submits a written affirmation of the authority of it's signatory representative. 3 11. Throughout the duration of this contract, Mr. Henness is not an employee of the City of Yakima, nor is there any obligation for the City to employ Mr. Henness upon completion of his training. aches Henness, Claimant Date Sandra L. Siverts, Vocational Counselor Date pt of Labor & Industries Representative a City of Yakima presentative contract/ss Attest: Acting y Clerk CITY CONTRACT N0: RE3OLUTK)NIIQ I\T Vi 1 -C q - -397 Date `i p /c) -7 Date Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. F For Meeting Of July. 15. 1997 ITEM TITLE: State Vocational Rehabilitation Contract SUBMITTED BY: Chris Waarvick, Wastewater Superintendent Bruce Bates, Assistant Wastewater Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: In the State of Washington, when a worker covered under Labor and Industries (L&I) is injured and subsequently rehabilitated, yet cannot return to the original work, on-the-job training is made available in an alternative compatible trade. Mr. James Henness has approached the City through his vocational rehabilitation counselor, requesting retraining as a wastewater operator. City Council is respectfully requested to authorize the City Manager to execute the attached agreement whereby James Henness would be involved in a 52 week on-the-job training opportunity with the City of Yakima at the Wastewater Treatment Facility. The City provides the work environment and the supervision. The trainee provides, through the Division of Vocational Rehabilitation, all recommended training materials and necessary work clothing. The City has no liability for the existing injury nor any that may occur during the 52 week training program. The training consists of performing the normal daily tasks of the entry level operator at the treatment facility, and training courses proctored by the Wastewater Division staff. We have found involvement in similar programs in the past to be highly beneficial to the City and the trainee. The trainee is reimbursed through the State usually through time -loss benefits. In any event, the City is not responsible for any out of pocket expenses for this individual. The Legal Department has prepared past agreements and resolutions of which the attached contract and resolution are modified only for contemporary application. X Resolution Ordinance X Contract Other (Specify) Funding Source Not Applicable APPROVED FOR SUBMITTAL: �1 L City Manager STAFF RECOMMENDATION: Approve attached resolution authorizing City Manager to execute training agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resoltlion adopted. henness agenda July 7, 1997 cw RESOLUTION NO. R-'qs