HomeMy WebLinkAboutR-2004-106 Yakima School District No. 7 Agreement (re: firefighter training)RESOLUTION NO. R-2004- 106
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 Yak -jinn
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 20th day of July, 2004.
ATTEST:
Paul George, Mayor
CITY CLERK
2004-2005
EDUCATIONAL SERVICES AGREEMENT
FOR FIRE FIGHTER TRAINING
THIS AGREEMENT made and entered into this 1st day of July, 2004, 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. 211d Street, Yakima,
Washington 98901, (hereinafter referred to as "City"). This agreement shall be in full force and
effect from August 30, 2004 to June 30, 2005.
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-1ECH 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 teoiis 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 confoim 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 morning from 8:00 a.m. — 10:30
a.m., with an additional '/ 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 I/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 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.
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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 2004 — 2005 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 inservice 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.
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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 foim to approved
students.
E. YV-TECH and the City will conduct a student/parent orientation on September _,
2004. The Yakima Fire Department and advisory committee are encouraged to have
representatives present on this evening.
F. Classes start on September 1, 2004, at 8:00 a.m., 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 perfonuance 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
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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:
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.
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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).
The City and YV-TECH hereby agree to all provisions of this agreement.
CITY OF YAKIMA
By:
R.A. Zais, r. City Clerk
City Manager
Date: _W ( c2a a. Do`P City Contract No: 00pg-1,'7
ATTEST
Resolution No:
CITYYAKIMA FIRE,DEPARTMENT F--17-01--/
By. /f1y2 & / �/ L '0 Date:
Fire Chief
YAKIMA SCHOOL DIST' . ' 7
ARaw <a c0
By:
S
Date:
Ben Soria
Superintendent
8/31/2004
YV-TEC • L S CENTER
By:
aenjamin A. Som_
Superinteadeeit Date:
6
arolyn R. Stella
Director,
8 0 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 7-20-04
ITEM TITLE: Resolution authorizing City Manger to execute renewal of Educational
Services Agreement for Fire Fighter Training
SUBMITTED BY: Chief Dennis K. Mayo
CONTACT PERSON/I'hLEPHONE: Brian Schaeffer: Deputy Fire Chief — 575-6060
SUMMARY EXPLANATION:
The City of Yakima and Yakima School District No. 7 have developed a commitment to youth
through our Yakima Valley Technical Fire Cadet Program. The Fire Cadet Program is an
opportunity where young people can earn college credit; develop teamwork, work ethic, respect
as well as cognitive and manipulative skills. Our regional ire -training center maximizes its
value through its utilization in housing the Fire Cadet Program.
This request addresses several aspects of the City Council's Strategic Priorities:
• Partnerships and job creation
• Responsive actions and effective, public relations/education programs
• Greater regionalization and coordination of intergovernmental cooperation
City Manager's authorization to execute the agreement will allow both agencies to continue our
current agreement to the 2004-2005 school year. Staff anticipated contract renewal during
budget process and funds included in current budget.
Resolution X Ordinance Contract 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: Resolution adopted. RESOLUTION NO. R-2004-106.