Loading...
HomeMy WebLinkAboutR-2003-108 2003-2004 Yakima School District No. 7 Agreement for Fire Cadet ProgramRESOLUTION NO. R-2003-108 A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima School District No. 7 whereby the City agrees to provide fire fighting educational services for the 2003-2004 school year as part of the Fire Cadet Program. WHEREAS, the City of Yakima owns certain fire fighting training facilities and fire fighting equipment; and WHEREAS, Yakima School District No. 7 has offered to supply funds and supplies for a fire fighter training program for high school students (the "Yakima Valley Technical Fire Cadet Program"); and WHEREAS, the Fire Cadet Program has operated successfully since the 2001-2002 school year; and WHEREAS, the City of Yakima and Yakima School District No. 7 both benefit from a training program for high school students in fire fighting skills and techniques; and WHEREAS, the City Council has determined that it is in the best interests 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 the attached and incorporated "2003-2004 Educational Services Agreement for Fire Fighter Training" for the continuation of the Fire Cadet Program during the 2003-2004 school year. ADOPTED BY THE CITY COUNCIL this 5th day of August, 2003. ATTEST: CITY CLERK (1k) res. YVTEC 2003.4.sm Mary Place, Mayor 2003-2004 EDUCATIONAL SERVICES AGREEMENT FOR FIRE FIGHTER TRAINING THIS AGREEMENT made and entered into this 5th day of August, 2003, 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. 2°d Street, Yakima, Washington 98901, (hereinafter referred to as "City"). This agreement shall be in full force and effect from August 25, 2003 to June 30, 2004. 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 Section 3 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 YV-TECH and must conform with the Washington State Administrative Code for student discipline and due process. I. Disciplinary and counseling support as needed. (1k)agrce YVTEC 2003-04sm 2. RESPONSIBILITIES AND DUTIES OF CITY A. City shall provide three (3) periods of instruction in the morning from 8:00 a.m. — 10:30 a.m., with an additional 1/2 hour teacher/student contact time from 7:30 a.m. — 8:00 a.m. each school day for a total of 540 hours of instruction during the 180 day school year. City shall provide three (3) periods of instruction in the afternoon from 12:00 p.m. — 2:30 p.m., with an additional 1/2 hour teacher/student contact time from 2:30 p.m. — 3:00 p.m. each school day for an additional 540 hours of instruction during the 180 day school year. B. 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 framework. Training and facilities must be in accordance with all applicable laws and regulations, which apply to the Washington State Plan for Career & Technical Education. C. Student instruction will be given at the location provided by the City unless otherwise agreed to 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 career and technical education certified by the Office of Superintendent of Public Instruction. City shall file with YV-TECH a copy of the instructor's valid career and technical 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 is $83,487 for the 180 instructional days. If the class sections each average 20 or more enrolled students throughout the 180 -day school year, YV-TECH will pay the City an additional $10,000.00 to be included in the final payment for a total contract cost of $93,487.00. However, if student enrollment drops below 12 students at any time during the year in any one class section the city agrees to subtract $930.00 per student for each student less than the twenty total per section. See Section 3 Payment of Training Costs. F. City shall provide instruction in compliance with the regulations established by the State of Washington. G. City agrees to complete requests for individual student's performance on a monthly basis. H. City agrees to provide instructional programs that include all physical facilities, certified instructors, and equipment as specified herein. 2 I. City agrees to enroll up to twenty-four (24) students per class section throughout the duration of this agreement. J. 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. K. City agrees to have the instructor collect daily attendance and forward it to YV-TECH on a daily basis. Also, on the YV TECH 2003 — 2004 calendar due dates, the City will forward all final grades and records. L. The lead instructor will participate in and attend all YV-TECH staff faculty meetings and in-service programs. The instructor or student leader should be assigned to check the YV-TECH mailbox and deliver the mail on a daily basis to the instructor. 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 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. $83,487 - $2,600 = $80,887 10 = $8,089 per month. Final payment to include additional $10,000 providing conditions of Section 2(E) have been met. 4. ATTENDANCE/GRADING DISCIPLINE POLICIES The attendance and grading policies described in 2 — K of this agreement are the same as all other YV-TECH classes. This policy and the YV- TECH calendar 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. 3 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 and the City will conduct a student/parent orientation on September 15 2003. The Yakima Fire Department and advisory committee are encouraged to have representatives present on this evening. F. Classes start on August 27, 2003, at 12:00 noon, which is YV-TECH's regular beginning date and time for all students. 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 career and technical education program offerings and the City would be expected to participate in established leadership activities and to design appropriate leadership experiences for all fire fighting enrolled students. 8. RIGHT TO VISIT The YV-TECH Director or authorized skill center 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. 4 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 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 forth 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 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: 5 To: CITY Dennis Mayo, Chief City of Yakima Fire Department Attn: Fire Chief 401 North Front Street Yakima, WA 98901 To: YV-TECH Carolyn R. Stella, Director 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 termination of this agreement. 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 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 #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). 6 The City and YV-TECH hereby agree to all provisions of this agreement. CITY OF YAKIMA ATTEST By: Date: R.A. Zais, Jr. City Manager CITY OF YAKIMA FIRE DEPARTMENT By: Date: .4k46640 mayd Dennis Mayo Fire Chief ,ted /4.603 YAKIMA SCHOOL DISTRICT #7 Ben Soria Superintendent Date: September 8, 2003 7 City Clerk City Contract No: A003 - 77 Resolution No: R00.5 — /08 YV-TECH SKILLS CENTER Carolyn ' . Stella Director Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i‘4 f For Meeting Of: 8-5-03 ITEM TITLE: A resolution authorizing an educational services agreement between the City of Yakima, Washington and Yakima School District No. 7 for fire fighting training. SUBMITTED BY: Dennis K. Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief— 575-6060 SUMMARY EXPLANATION: The City of Yakima and Yakima School District No. 7 have developed a commitment to youth through the Yakima Valley Technical Fire Cadet Program. The Fire Cadet Program is an opportunity for young people to earn college credits, develop teamwork, work ethics, and respect, as well as cognitive and manipulative skills. Our regional fire -training center maximizes its value by housing the Fire Cadet Program. This request addresses several of the City Council's Critical/Strategic Priorities: • Improve Literacy and Education • Workforce Development • Cooperative Partnerships • Provide Education Opportunities • Public Safety and Youth Involvement Authorizing the City Manager to execute the attached agreement will allow these agencies to continue their current agreement through the 2003-2004 school year. Resolution X Ordinance Contract X Other (Specify) Funding Source: Yakima School District No. 7 / General Fund Fire APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: flk)agmda YVTEC 2003O4.am