HomeMy WebLinkAboutR-2002-100 Yakima School District No. 7 Agreement (fire fighter training)RESOLUTION NO. R-2002-100
A RESOLUTION authorizing the City Manager to execute an agreement with Yakima
School District No. 7 for educational services 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, Yakima School District No. 7 has agreed to supply funds and supplies for a
fire fighter training program for high school students; and
WHEREAS, both the City of Yakima and Yakima School District No. 7 will benefit from
a training program in fire fighting skills and techniques; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the attached agreement with Yakima School District No. 7, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is 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.
ADOPTED BY THE CITY COUNCIL this 6th day of August, 2002.
ATTEST:
`KetA-E,--- /4---64),,t,
City Clerk
(1k)res/fire - YSD #7 fire fighter training 2002 -pm -
ary Place, Mayor
2002-2003
EDUCATIONAL SERVICES AGREEMENT
FOR FIRE FIGHTER TRAINING
THIS AGREEMENT made and entered into this O r\ day of A t-1.3 4.5( ,
2002 by and between Yakima School District #7 (hereinafter referred to as "YV-TECH") 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 August 28, 2002 to June 30, 2003.
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, YV-TECH 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
YV-TECH 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.
C. The holiday and vacation schedule of each resident district. Students shall be expected
to follow the schedule of the City unless modified by the resident district.
D. Textbooks, workbooks, 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 a student between the resident
high school and the City.
G. Payment to City in accordance with the terms and conditions of the 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 'PVT -TECH 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 in the afternoon 12:00 - 2:30 p.m.,
equivalent to three (3) school periods each school day; and in addition 1/2 hour
teacher/student contact time 2:30 — 3:00 pm 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. City shall provide a second three (3) periods of instruction, if the number of students
dictate a need, from 8:00 am to 10:30 am, equivalent to three (3) school periods each
school day; and in addition, 1/2 hour teacher/student contact time 7:30 — 8:00 am 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.
C. Student instruction will be given at the location provided by the City unless otherwise
agreed by the YV-TECH director. Classes will be conducted Monday through Friday.
D. All instruction to students covered by this agreement shall be by instructors who are
vocationally certified by the Office of Superintendent of Public Instruction. City shall
file with YV-TECH a copy of the instructor's valid vocational teaching certificate prior
to submission of the first billing to YV-TECH per the terms of this agreement.
E. Training costs for the YV-TECH students for the first class provided will be $43,387
for the full year for the full program of 180 instructional days broken down as follows:
1. Classroom and Apparatus Lease
2. Instructor Cost, including additional
instructor cost
Subtotal
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$13,287.00
$30,100.00
$43,387.00
F. Training costs for the YV-TECH students for a second class provided will be $40,187
for the full year for the full program of 180 instructional days broken down as follows:
1. Classroom and Apparatus Lease
2. Instructor Cost, including additional
instructor cost
$10,000.00
$30,100.00
Subtotal $40,100.00
Total for two classes $83,487.00
G. City shall provide instruction in compliance with the regulations established by the
State of Washington.
H. City agrees to complete requests for individual student's performance on a monthly
basis.
I. City agrees to provide instructional programs that include all physical facilities,
certified instructors, and equipment as specified herein.
J.
City agrees to enroll up to twenty-two (22) students per class throughout the duration of
this agreement.
K. 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.
L. City agrees to collect and forward final grades and attendance records to YV-TECH on
established due dates.
M. The instructor(s) will participate in and attend all YV-TECH staff faculty meetings and
inservice programs as well as check their YV-TECH mailbox on a daily basis.
N. The instructor will provide daily attendance information to the YV-TECH office.
3. PAYMENT OF TRAINING COSTS
A. An initial disbursement of $2,600.00 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 Yakima School District upon receipt of an invoice and verification of delivery of
service to YV-TECH. The City shall submit invoices on the first business day of each
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month. Yakima School District 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.
4. ATTENDANCE/GRADING DISCIPLINE POLICIES
The attendance and grading policies will be the same as all other YV-TECH classes. This
policy will be provided to the Yakima Fire Department at the beginning of each year.
5. SELECTION PROCESS
The processes for registering and enrolling students will be as follows:
A. YV-TECH 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 approved
students.
E. YV-TECH 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. Classes start in coordination with YV-TECH's 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
YV-TECH.
6. LOCAL FIRE FIGHTING TRAINING ADVISORY COMMITTEE
The local fire fighting 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 an Office of Superintendent of Public Instruction mandated
component of vocational education program offerings and City will be expected to
participate in established leadership activities to design appropriate leadership experiences
for students.
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8. RIGHT TO VISIT
The YV-TECH Director or authonzed 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,
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 authonzed agent of both parties.
11. NONDISCRIMINATION
No person shall be denied or subjected to discrimination in receipt of the benefits of any
services or activities made possible by, or resulting from, this agreement on the grounds of
age, sex, race, color, creed, or national origin, marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. 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 breach of the obligations set from in this agreement. The party in
default shall have five (5) business days to cure said breach to the satisfaction of the
other party.
D. Any termination hereunder, YV-TECH shall reimburse the City at a rate of Three
Hundred Fifty-one dollars and ninety-four cents ($351.94) per day until the agreed upon
termination date. Such calculation of per diem costs shall be calculated as of the end of
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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 YV-TECH.
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
City of Yakima Fire Department
Attn: Fire Chief
401 North Front Street
Yakima, WA 98901
To: YV-TECH
John J. Schieche
YV-TECH Skills Center
1116 S. 15th Avenue
Yakima, WA 98902
Or to such address 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. INDEMNIFICATIONS AND BONDING
A. YV-TECH shall defend, indemnify and hold harmless the City, its officers and
employees from any and all claims and/or liability arising from the perfoiinance 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 #7 and the City of
Yakima as additional named insured. 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).
The City and YV-TECH hereby agree to all provisions of this agreement.
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CITY OF YAKIMA ATTEST
By:
Date:
R.A. Zais, Jr.
City Manager
CITY OF YAKIMA FIRE DEPARTMENT
By:
Fire Chief
Date: ?-(y -6;-
G'
YAKIMA SCHOOL DISTRICT #7
B
Date:
Soria
uperintendent
7
City Clerk
City Contract No: 'W0,27- 7d'
Resolution No: /g-v?OD,R -le
YV-TECH SKILLS CENTER
Date:
John J. Schieche
Director
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 08/06/02
ITEM TITLE: Educational Services Agreement for Fire Fighter Training
SUBMITTED BY: Yakima Fire Department, Dennis K. Mayo, Interim Fire Chief
CONTACT PERSON/TELEPHONE: Abel Castilleja, Interim Deputy Chief — 575-6060
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 August 28, 2002 and terminate June 30, 2003, provided this
agreement may be renewed for an additional one year term by mutual written agreements by
both the City Manager of the City of Yakima and the Superintendent of the Yakima School
District No. 7. The fee of $83,487.00 shall be encumbered on a Yakima School District No. 7
purchase order and shall be payable upon acceptance as follows: $2,600.00 payable within 25
days of acceptance, and the balance as 10 equal monthly payments upon invoice by the City of
Yakima.
Resolution X Ordinance Contract X Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve as submitted
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: