HomeMy WebLinkAboutR-2005-119 Yakima School District No. 7 AgreementA RESOLUTION
RESOLUTION NO. R-2005-119
authorizing the City Manager to execute an agreement with
Yakima School District No. 7 for educational services for
firefighter training.
WHEREAS, the City of Yakima owns certain firefighting training facilities and
firefighting 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 firefighter 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 firefighting 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 Firefighter Training," is
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2005.
ATTEST:
2005-2006
EDUCATIONAL SERVICES AGREEMENT
FOR FIREFIGHTER TRAINING
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this _
day of August, 2005, by and between Yakima School District No. 7 (hereinafter "YV-TECH")
and the City of Yakima, Washington, a municipal corporation of the State of Washington,
whose address is 129 North Second Street, Yakima, Washington 98901 (hereinafter the
"City").
WHEREAS, RCW Chapter 39.34 permits governmental entities to enter into local
agreements to accomplish mutually beneficial purposes in the public interest; and
WHEREAS, the City owns certain training facilities and firefighting equipment and has
the ability to provide firefighting training instructors; and
WHEREAS, YV-TECH desires and has the ability to supply funds and supplies for a
firefighting training program for high school students; and
WHEREAS, the City, through its Fire Department, is willing to provide a firefighting
training program in accordance with the terms and conditions of this Agreement.
WITNESSETH:
That in consideration of mutual covenants, promises, and agreements herein contained,
the parties mutually agree as follows:
1. RESPONSIBILITIES AND DUTIES OF YV-TECH
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 the City in accordance with the terms and conditions of Section 4 of
this Agreement.
H. Assurance that students 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 to the Washington State
Administrative Code for student discipline and due process.
I. Disciplinary and counseling support as needed.
2. RESPONSIBILITIES AND DUTIES OF THE CITY
A. The City shall provide three (3) periods of instruction in the morning from 8 a.m. to
10:30 a.m., with an additional '/2 -hour teacher/student contact time from 7:30 a.m.
to 8 a.m. each school day for a total of 540 hours of instruction during the 180 -day
school year.
The City shall provide three (3) periods of instruction in the afternoon from 12 p.m.
to 2:30 p.m., with an additional '/2 -hour teacher/student contact time from 2:30
p.m. to 3 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 firefighting
and emergency response and follow State -approved guidelines for the Trades and
Industry Firefighter curriculum framework. Training and facilities must be in
accordance with all applicable laws and regulations which apply to the Washington
State Plan for Career and 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. The 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 cost for YV-TECH students is $83,487 for 180 instructional days. If the
class sections each average 20 or more enrolled students throughout the 180 -day
school year or on June 1, 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 4 Payment of Training Costs.
F. The City shall provide instruction in compliance with the regulations established by
the State of Washington.
G. The City agrees to complete requests for individual student's performance on a
monthly basis.
H. The City agrees to provide instructional programs that include all physical facilities,
certified instructors, and equipment as specified herein.
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I. The City agrees to enroll up to twenty-four (24) students per class section
throughout the duration of this Agreement.
J. The City agrees to provide all students the course objectives. The City agrees to
include student leadership and employability components in the objectives that will
meet State Office of Superintendent of Public Instruction standards. Students will
also be given any other rules or requirements prior to, or upon their entry into the
program. Such course objectives and requirements shall have been reviewed and
recommended for approval by the local firefighting training advisory committee.
K. The City agrees to have the instructor collect daily attendance and forward it to
YV-TECH on a daily basis. Also, on the YV TECH 2005-2006 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. TERM OF AGREEMENT
The term of this Agreement shall commence upon full execution of this Agreement by the
parties and shall terminate at midnight, June 30, 2006, unless sooner terminated by either
party in accordance with Section 16.
4. 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 paid to the City in ten (10) equal payments of $8,089 per month
($83,487 - $2,600 = $80,887 _ 10 = $8,089 per month). 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 North Second Street, Yakima, WA 98901. Final
payment is to include an additional $10,000, provided that the conditions of Section
2(E) have been met.
5. ATTENDANCE, GRADING POLICIES
The attendance and grading policies described in 2(K) of this Agreement are the same as
for 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.
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6. 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 and the City will conduct a student/parent orientation in September
2005. The Yakima Fire Department and advisory committee are encouraged to
have representatives present on this evening.
F. Classes start on August 31, 2005, at 8 a.m., which is YV-TECH's 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.
7. LOCAL FIREFIGHTING TRAINING ADVISORY COMMITTEE
The existing local firefighting advisory committee will annually evaluate the curriculum,
measure outcomes and perform strategic direction for the cadet program. The
committee is made up of members from the local higher education community, Fire
Districts, Fire Departments and YV-TECH staff. The Yakima Fire Department shall
have at least two members on the committee.
8. 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 firefighting enrolled students.
9. RIGHT TO VISIT
The YV-TECH 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.
10. 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.
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11. WAIVER OF BREACH
A waiver by either party hereto of a breach by the other party hereto of any covenant or
condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or
to exercise any right herein given in any one or more instances, shall not be construed as
a waiver or relinquishment of any such agreement, covenant, condition or right.
12. 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.
13. NEUTRAL AUTHORSHIP
Each of the provisions of this Agreement has been reviewed and negotiated and
represents the combined work product of all parties hereto. No presumption or other
rules of construction which would interpret the provisions of this Agreement in favor of
or against the party preparing the same shall be applicable in connection with the
construction or interpretation of any of the provisions of this Agreement.
14. 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.
15. 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.
16. 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) calendar days' written notice by either party to the other of intent
to terminate with or without cause.
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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. In the event of 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
up to the 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 to the City
within thirty (30) days of receipt of an invoice and verification of delivery of service
to YV-TECH.
17. NOTICES
Unless stated otherwise herein, all notices and demand shall be in writing and sent to the
parties at their addresses as follows:
To the City: To YV-TECH:
Dennis Mayo, Chief
City of Yakima Fire Department
401 North Front Street
Yakima, WA 98901
Carolyn R. Stella, Director
YV-TECH Skills Center
1116 South 15''' 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.
18. INDEMNIFICATION AND HOLD HARMLESS
A. YV-TECH agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, agents, and employees from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorney's fees and
disbursements) caused by or occurring by reason of any negligent act and/or
omission of the District, its directors, officials, officers, employees, agents, and/or
volunteers arising out of or in connection with the activities of YV-TECH under
and pursuant to this Agreement, and including but not limited to any personal
injury, death, and/or property damage claim, demand, lawsuit or other proceeding
brought against the City.
B. The City agrees to protect, defend, indemnify, and hold harmless YV-TECH, its
officials, officers, agents, and employees from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorney's fees and disbursements) caused by
or occurring by reason of any negligent act and/or omission of the City, its
directors, officials, officers, employees, agents, and/or volunteers arising out of or
in connection with the activities of the City under and pursuant to this Agreement,
including but not limited to any personal injury, death, and/or property damage
claim, demand, lawsuit or other proceeding brought against YV-TECH.
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C. In the event that the officials, officers, agents, and/or employees of both YV-TECH
and the City are negligent, each Party shall be liable for its contributory share of
negligence for any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees).
D. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's immunity under Washington's Industrial Insurance Act,
RCW Title 51, as respects the other party only, and only to the extent necessary to
provide the indemnified party with a full and complete indemnity of claims made by
the other party's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
E. Nothing contained in this Section or this Agreement shall be construed to create a
right of indemnification in any third party.
F. The provisions of this Section shall survive the termination or expiration of this
Agreement with respect to any event occurring prior to such termination or
expiration.
19. THIRD PARTIES
The City and YV-TECH are the only parties to this Agreement and are the only parties
entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or
shall be construed to give or provide, any right or benefit, whether directly or indirectly
or otherwise, to third persons.
20. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
21. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima County, Washington.
22. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original but all of which shall constitute one and the same Agreement.
23. FILING WITH COUNTY AUDITOR
The City shall file a copy of this Agreement with the Yakima County Auditor's Office
(pursuant to RCW 39.34.040).
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CITY OF YAKIMA
By: i _ Attest:
,o
R.A. Zais, Tr.
City Manager
Date: $ f ^d -S City Contract No: 2005-78
CITY OF YAKIMA FIRE DEPARTMENT
By:
al441-6°
/( frk tG
Fire Chief
Resolution No:
R-2005-119
Date: _Or c
YAKIMA S OOL DISTRICT NO. 7 Yd-TECJI SKILL EN ;r : R
Ben Soria
Superintendent
Date:
Benjaffiin A. Soria
Superintendent
8
By:
Carolyn R. Stella
Director
Date: g - /0 - ��
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. -* l i
For meeting of 8/2/05
ITEM TITLE: Resolution authorizing the City Manger to execute renewal of an Educational
Services Agreement for Firefighter Training
SUBMITTED BY: Dennis K. Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: 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 for young people to earn college credit and develop teamwork, work ethic, respect
and cognitive and manipulative skills. Our regional fire -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 2005-2006 school year. Staff anticipated contract renewal during the
budget process, and funds are included in the 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-2005-119