HomeMy WebLinkAboutR-1997-109 Educational Services Agreement for Fire Fighter TrainingRESOLUTION NO. R-97 1 f 9
A RESOLUTION authorizing the City Manager and City Clerk to execute an
agreement with Yakima School District No. 7 for educational services
for fire fighter training and authorizing the City Manager and the City
Clerk to enter an agreement with Myron Menard to provide educational
instruction for fire fighter training.
WHEREAS, the City of Yakima owns certain fire fighting training
facilities and fire fighting equipment; and
WHEREAS, the City of Yakima has the ability to contract for fire fighter
training instructors; and
WHEREAS, the Yakima School District No. 7 has agreed to supply funds
and supplies for fire fighter training program for high school students; and
WHEREAS, both the City of Yakima and Yakima School District No. 7
will be benefited by a training program in fire fighting skills and techniques;
and
WHEREAS, Myron Menard is willing to provide instructional services for
a fire fighter training course, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA
City Manager and City Clerk are hereby authorized and directed to
execute an agreement with Yakima School District No. 7 for the purpose
mentioned above, a true copy of which agreement, entitled "Educational
Services Agreement for Fire Fighter Training" is attached hereto and by
reference made a part hereof. The City Manager and City Clerk are further
hereby authorized and directed to execute an agreement with Myron Menard for
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the purpose of providing fire fighter training instruction, a true copy of which
agreement, entitled "Agreement Between City of Yakima and Myron Menard" is
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this � _ day of August, 1997.
Ai i EST:
/6-
City Clerk
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AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
MYRON MENARD
THIS AGREEMENT is made and entered into this ) day of
, 1997, by and between the City of Yakima, herein
referred to as "City" and Myron Menard, herein referred to as
"Instructor".
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements set forth herein, it is agreed by and between the
City and Instructor as follows:
1. PROFESSIONAL SERVICES
Instructor shall provide the following professional services related to
providing instruction in a fire fighting and emergency response training
program offered through the Yakima School District Skills Center.
A. Instructor shall provide instruction from 12:00 noon until
2:30 p.m., equivalent to three (3) school periods, each school day; and in
addition, one-half (1/2) hour teacher/student contact time each school
day, for a total of five hundred forty (540) hours of instruction during
the one hundred eighty (180) day school year. Instructor shall develop
the class curriculum. Curriculum shall meet the requirements for entry
level employment and fire fighting and emergency response and follow
state approved guidelines for the trades and industry fire fighter
curriculum. Instructor will be expected to participate in establishing
leadership activities to design appropriate leadership experiences for
students. Training and facilities must be in accordance with all
applicable laws and regulations which apply to the Washington State
Plan for Vocational Education.
B. Instructor shall provide instruction at the location provided
by City unless otherwise agreed by the Yakima Valley Skills Center
director. Classes will be conducted Monday through Friday.
C. Instructor shall obtain a vocational certification from the office of
the Superintendent of Public Instruction. Instructor shall file with the Skills
Center a copy of the Instructor's valid vocational teaching certificate prior to
the commencement of instruction.
D. Instructor shall provide instruction in compliance with the
regulations established by the State of Washington.
E. Instructor agrees to complete requests for individual student's
performance on a monthly basis.
F. Instructor agrees to enroll up to twenty-two (22) students
throughout the duration of this agreement.
G. Instructor agrees to provide course objectives, including student
leadership components, and requirements to all students prior to their entry
into the program. Such course objectives and requirements shall have been
reviewed and recommended for approval by the local fire fighting training
advisory committee.
H. Instructor agrees to collect and forward final grades and
attendance records to the Skills Center on established due dates. Student
progress reports will be provided by Instructor within the timeline established
in the '96-'97 WSC grading schedule for the duration of the training. Students
enrolled in City's class will meet the grading requirements as set forth in
Skills Center policies and procedures, and grading criteria. Skills Center will
provide Instructor with a copy of its policies and procedures, '96-'97 W Skills
Center grading schedule and grading criteria.
I. Instructor agrees to participate in all Skills Center staff faculty
meetings and inservice programs.
J. Instructor will provide daily attendance information to the Skills
Center office.
K. The Skills Center director or authorized representative and the
students' parents will have the right to visit the class from time to time
without prior notice during class hours.
2. CONSIDERATION
City agrees to compensate Instructor a total of fifteen thousand one hundred
and twenty-four and 00/100th dollars ($15,124.00) for all services performed
under and pursuant to this agreement. Said compensation shall be paid as
follows: An initial disbursement of one thousand three hundred and 00/100th
dollars ($1,300.00) will be made upon acceptance of this agreement by both
parties. The remaining balance shall be disbursed on a monthly basis in ten
(10) equal payments. Instructor shall submit satisfactory documentation
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(invoices/ billings) to the City of Yakima, Department of Finance, at 129 N.
2nd Street, Yakima, WA 98901 on or before the first of each month. The City
shall make the required disbursement to the Instructor within thirty (30) days
after receiving said documentation.
3. TERM
The term of this agreement shall commence on the 1st day of September
1997 and terminate on the 30th day of June, 1998 provided, this agreement
may be renewed for additional one (1) year terms by mutual written agreement
of the parties.
4. STATUS OF INSTRUCTOR
Instructor and the City understand and expressly agree that Instructor
is an independent contractor in the performance of each and every part of this
agreement. Instructor and his employees shall make no claim of City
employment nor shall they claim against the City any related employment
benefits, social security, medical benefits, worker's compensation, and/or
retirement. Instructor shall not be subject to control and direction of City
officers and employees. Other than those materials provided by the City of
Yakima pursuant to the 1997-1998 Educational Services Agreement for Fire
Fighter Training between Yakima School District No. 7 and the City of Yakima
for educational services for fire fighting training, Instructor shall use his own
resources and tools to perform this agreement.
5. TAXES AND ASSESSMENTS
Instructor shall pay all taxes and assessments, including, but not
limited to, federal withholding and social security tax, which may be assessed
either party as a result of this agreement. In the event the City is assessed a
tax or assessment as a result of this agreement, Instructor shall pay the same
before it shall become due.
6. DISCRIMINATION
During the performance of this agreement, Instructor shall not
discriminate on the basis of race, color, sex, religion, national origin, creed, or
the presence any sensory, mental or physical handicap.
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7. COMPLIANCE WITH LAW
Instructor agrees to perform the services under and pursuant to this
agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local or otherwise.
8. NO INSURANCE
It is understood that the City does not maintain liability insurance for
Instructor or its employees.
9. HOLD HARMLESS
Instructor shall defend, indemnify and hold harmless, the City, its
agents, officers, and employees from any and all liability resulting out of the
performance of this agreement.
10. INSURANCE
On or before the effective date of this agreement, Instructor shall
provide to the City of Yakima Fire Department, proof of liability insurance in
the amount of one million dollars ($1,000,000) that clearly states who the
provider is, the amount of coverage, the policy number and when the policy
and provisions provided are in effect. Said policy shall be in effect for the
duration of this agreement. Said policy shall name the City of Yakima, its
officers, agents, and employees and Yakima School District No. 7, its officers,
agents, and employees, as additional named insureds.
11. ASSIGNMENT
This agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Instructor to any other person
or entity without the prior written consent of the City. In the event that such
prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations and liabilities of Instructor as stated herein.
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12. TERMINATION
The City may terminate this agreement, with or without cause, by giving
Instructor ten (10) days written notice of termination. Upon termination,
Instructor shall be entitled to payment of the full one tenth disbursement due
for the month of termination, but shall not be entitled to any future
disbursements.
13. SEVERABILITY
If any portion of this agreement is changed per mutual agreement, or
any portion is held invalid, the remainder of the agreement shall remain in
full force and effect.
14. INTEGRATION
This written document constitutes the entire agreement between the
City and Instructor. No changes or additions to this agreement shall be valid
or binding upon either party unless such change or addition be in writing and
executed by both parties.
15. NOTICES
Unless stated otherwise herein, all notices and demand shall be in
writing and sent to the parties at their addresses as follows:
TO: City: TO: INSTRUCTOR
Mike Meyer
City of Yakima
Fire Department
401 N. Front Street
Yakima, WA 98901
Myron Menard
110 Camus Lane
Yakima, WA 98901
or to such addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand
delivered at the addresses specified above.
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16. ATTORNEYS FEES
In the event that any suit or action is instituted by either party to
enforce the compliance with, or interpret any of the terms, covenants, or
conditions of this agreement, the prevailing party shall be entitled to collect,
in addition to necessary court costs, such sums as the court may adjudge as
reasonable attorneys fees. The venue for any action to enforce or interpret
this agreement shall lie in the Superior Court of Washington for Yakima
County, Washington.
ATTEST:
CITY OF YAKIMA
By: -�
R.A. Zais
City Manager
Date: _<_ _ .,�.�.:� : ` /51V
City Clerk
CITY I:iTRCT NO'
r
RESCf Jrly a NO:
STATE OF WASHINGTON )
County of Yakima
�SEl l N
INSTRUCTOR:
By:
Myron Menard
Date:
I certify that I know or have satisfactory evidence that MYRON MENARD
is the person who appeared before me, and said person acknowledged that he
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signed this instrument and acknowledged it to be his free and voluntary act for
the uses and purposes mentioned in the instrument.
Dated: 9-3-9?
STATE OF WASHINGTON
BETTY CHENNAULT
NOTARY PUBLIC
COMMISSION EXPIRES
JULY 29. 2000
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141110
11116.4
Not. Public i ' and for the State
of Washington, residing at Yakima.
My commission expires: 9„,,bta 9, .2 o Dt)
7
1997-1998
EDUCATIONAL SERVICES AGREEMENT
FOR FIRE FIGHTER TRAINING
THIS AGREEMENT is made and entered into this gtA day of SE PT►3
1997, by and between Yakima School District No. 7 (hereinafter referred to as
"Skills Center") and City of Yakima, Washington, a municipal corporation of
the State of Washington, whose address is 129 N. 2nd Street, Yakima,
Washington 98901, (hereinafter referred to as "City"). This agreement shall be
in full force and effect from September 1, 1997 to June 30 1998; provided, this
agreement may be renewed for additional one (1) year terms by mutual written
agreement of the parties.
WHEREAS, the City of Yakima owns certain training facilities and fire fighting
equipment and has the ability to contract for fire fighting training instructors;
and
WHEREAS, the Skills Center has the ability to supply funds and supplies for a
fire fighting training program for high school students; and
WHEREAS, both parties will be benefited by a training program in fire fighting
skills and techniques;
WITNESSETH:
That in consideration of mutual covenants, promises, and agreements herein
contained, the parties mutually agree as follows:
1. RESPONSIBILITIES AND DUTIES OF SKILLS CENTER
The Skills Center shall provide the following:
A. The number, names, and identification of students to be assigned.
B. A registration form identifying the resident district and appropriate
mailing address of the student.
C. The holiday and vacation schedule for each resident district.
Students shall be expected to follow the schedule of the City unless modified
by the resident district.
D. Text books, work books and miscellaneous instructional materials.
E. Coordination of enrollment and required office of superintendent
of public instruction reports.
F. Coordination of attendance and any other problems with the
student between the resident high school and the City.
G. Payment to City in accordance with the terms and conditions of
this agreement.
H. Require students to adhere to the standards, policies, and
regulations of the City during their learning assignments. In no way will these
standards, policies, and regulations conflict with those of the participating
school district from which the student attends through the Skills Center and
must conform with the Washington State Administrative Code for student
discipline and due process.
I. Disciplinary and counseling support as needed.
2. RESPONSIBILITIES AND DUTIES OF CITY
A. City shall provide three (3) periods of instruction from 12:00 noon
to 2:30 p.m., equivalent to three (3) school periods each school day; and in
addition, 1/2 hour teacher/student contact time each school day for a total of
540 hours of instruction during the 180 day school year. Curriculum shall
meet the requirements for entry level employment in fire fighting and
emergency response and follow State approved guidelines for the Trades and
Industry Fire Fighter curriculum. Training and facilities must be in accordance
with all applicable laws and regulations which apply to the Washington State
plan for vocational education.
B. Student instruction will be given at the location provided by City
unless otherwise agreed by the Yakima Valley Skills Center director. Classes
will be conducted Monday through Friday.
C. All instructions to students covered by this agreement shall be by
instructors who are vocationally certified by the office of the Superintendent of
Public Instruction. City shall file with the Skills Center a copy of the
instructors valid vocational teaching certificate prior to submission of the first
billing to the Skills Center per the terms of this agreement.
D. Training costs for the Skills Center students will be $32,975.00 for
the full year for the full year program of 180 instructional days broken down as
follows:
1. Classroom and Apparatus Lease $12,900.00
2. Instructor Cost $15,124.00
3. Additional Instructor/Substitute $ 4,951.00
Instructor Cost
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E. City shall provide instruction in compliance with the regulations
established by the State of Washington.
F. City agrees to complete requests for an individual student's
performance on a monthly basis.
G. City agrees to provide instructional programs that include all
physical facilities, certified instructors and equipment as specified herein.
H. City agrees to enroll up to twenty-two (22) students throughout
the duration of this agreement.
I. City agrees to provide course objectives, including student
leadership components, and requirements to all students prior to their entry
into the program. Such course objectives and requirements shall have been
reviewed and recommended for approval by the local fire fighting training
advisory committee.
J. City agrees to collect and forward final grades and attendance
records to the Skills Center on established due dates.
K. The instructor(s) will participate in all Skills Center staff faculty
meetings and in-service programs.
L. The instructor will provide daily attendance information to the
Skills Center office.
3. PAYMENT OF TRAINING COSTS
A. An initial disbursement of $1,300.00 shall be encumbered on a
Yakima School District purchase order upon acceptance of this agreement by
both parties. Payment shall be made within twenty-five (25) days of said
acceptance.
B. The remaining fee shall be encumbered on a Yakima School District
purchase order and shall be provided in ten (10) equal payments. Said costs
will be paid on a monthly basis by the Skills Center upon receipt of an invoice
and verification of delivery of service to the Skills Center. The City shall submit
invoices on the first business day of each month. The Skills Center shall make
payment within thirty (30) days of invoice receipt. Payment shall be made at
the City of Yakima, Finance Department, 129 N. 2nd Street, Yakima, WA
98901.
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4. ATTENDANCE/GRADING DISCIPLINE POLICIES
The attendance and grading policies will be the same as all other Skills
Center classes. This policy will be provided to the Yakima Fire Department at
the beginning of each year.
5. SELECTION PROCESS
The process for registering and enrolling students will be as follows:
A. Skills Center allocates student slots to home high schools.
B. Home high school counselors publicize among students.
C. Students apply through counselors.
D. Counselors screen students as to high school requirements met,
age, school attendance records, prerequisites, transportation, etc., and issue
preference form to approve students.
E. The Skills Center will conduct a student/parent orientation of the
program and facilitate a student interview process with members of the Yakima
Fire Department and advisory committee present.
F. Class starts in coordination with Skills Center beginning
date.
G. Only high school students who are 16 years of age or older may
enroll for the purposes described above when recommended by the vocational
counselor of the high school and Skills Center.
6. LOCAL FIRE FIGHTING TRAINING ADVISORY COMMITTEE
The local fire fighting training advisory committee will be the existing one, at
least two members of which shall be selected by the Yakima Fire Department.
7. STUDENT LEADERSHIP
Student leadership is a superintendent of public instruction mandated
component of vocational education program offerings and City will be expected
to participate in establishing leadership activities to design appropriate
leadership experiences for students.
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8. RIGHT TO VISIT
The Skills Center director or authorized representative and the students'
parents will have the right to visit the City's facility from time to time without
prior notice during class hours.
9. STATUS OF DISTRICT EMPLOYEES AND STUDENTS
All activity occurring from or as a result of this agreement shall be deemed an
extension of the school and educational process of each participating district.
All policies, procedures, and laws relating thereto shall be in full force and
effect during the performance of this agreement.
10. WHOLE AGREEMENT
This agreement is the complete and exclusive statement of the agreement
between the parties relevant to the purpose described above and supersedes all
prior agreements or proposals, oral or written, and all other communications
between the parties related to the subject matter of this agreement. No
modification of this agreement will be binding on either party except as a
written addendum signed by an authorized agent of both parties.
11. NONDISCRIMINATION
No person shall be denied or subjected to discrimination and receipt of the
benefits of any service or activities made possible by, or resulting from, this
agreement on the grounds of sex, race, color, creed, or national origin. Any
violation of this provision shall be considered a material violation of this
agreement and shall be grounds for cancellation, termination, or suspension in
whole or in part of this agreement by the parties.
12. TERMINATION
This agreement may be terminated under the following conditions:
A. By mutual written agreement of both parties, termination may be
immediate.
B. Upon sixty (60) school days written notice by either party to the
other of intent to terminate with or without cause.
C. By either party for breech of the obligations set forth in this
agreement. The party in default shall have five (5) business days to cure said
breech to the satisfaction of the other party.
D. Upon any termination hereunder, the Skills Center shall reimburse
the City at a rate of One Hundred Seventy-five and 97/lOOth Dollars ($175.97)
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per day until the agreed upon termination date. Such calculation of per diem
costs shall be calculated as of the end of the preceding billing month. Such
costs shall be paid within thirty (30) days of receipt of an invoice and
verification of delivery of service to the Skills Center.
13. NOTICES
Unless stated otherwise herein, all notices and demand shall be in writing and
sent to the parties at their addresses as follows:
To: CITY: To: SKILLS CENTER:
Mike Meyer
City of Yakima
Fire Department
401 N. Front Street
Yakima, WA 98901
John J. Schieche
Yakima Valley Skills Center
1116 South 15th Avenue
Yakima, WA 98902
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage pre -paid.
Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
14. RENEWAL
Any addendum for renewal shall be executed not less than ninety (90) calendar
days prior to the commencement of the program.
15. INDEMNIFICATION AND BONDING
A. Skills Center shall defend, indemnify and hold harmless the City,
its officers and employees from any and all claims and/or liability arising from
the performance of this agreement: PROVIDED, that the City complies with the
provisions of subsection 15(B); and FURTHER PROVIDED, that this
subsection shall not apply to claims and/or liability arising solely from the
negligence of any City employee or arising from the City's negligent repair or
maintenance of the facilities and equipment provided by the City pursuant to
this agreement.
B. City shall require, as a condition of its agreement with instructor
that Instructor acquire a liability insurance policy naming both the Yakima
School District and the City of Yakima as additional named insureds. Such
policy shall be in effect for the duration of this agreement and shall be for a
minimum of one million dollars ($1,000,000).
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The City and Skills Center hereby agree to all provisions of this agreement.
CITY OF YAKIMA
By:
R A. Zais, Jr.
City Manager
Date: b.( LA,.( (9 c)
YAKIMA SCHOOL DISTRICT NO. 7
By:
\ Name: Lar
Date:
Title:
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KITEST
/ccCity Clerk
%
I
OrrY CONTRACTCt
NO: ta'k
REsmuum NO: C)
7
YAKIMA VALLEY SKILLS CENTER
By:
Name: -77:10hr ScA er,he_
Date: 9/ ?ig 7
Title: fitc-r0
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 3
For Meeting Of: 08/19/97
14.
11'hM 111 LE: Educational Services Agre ment for Fire Fighter Training
SUBM1'1"1'kD BY: K. Alan Chroniste , Fire Chief
CONTACT PERSON/TELEPHONE: Jim D. Simpson, Technical Training Supervisor
575-6067
SUMMARY EXPLANATION:
This Agreement will provide the opportunity for the City and Yakima School District No.`7 (Skills
Center) to continue an educational partnership that provides quality training in fire fighting skills
and techniques.
The City has the training facilities and equipment needed to provide this training in addition to the
ability to contract for fire fighting training instructors.
The Skills Center has the ability to supply funds and supplies for a fire fighting training program
for high school students.
The combining of these resources will result in a training program that will be of excellent quality
and thus beneficial to both parties.
This Agreement shall commence on September 1, 1997 and terminate June 30, 1998, provided this
agreement may be renewed for additional one year terms by mutual written agreements by both
parties. The fee of $31,675 shah be encumbered on a Yakima School District purchase order and
shall be provided in three equal payments over the life of the Agreement.
Resolution X Ordinance
Funding Source:
APPROVED FOR SUBMITTAL:
Contract X Other (Specify)
( ity anager)
STAFF RECOMMENDATION: Approve as submitted.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: