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01/10/2012 05C Fire Departments Training Facility Use Agreement with YV Tech; Fire Fighter Cadet Training r'y 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT —� Item No. 6 For Meeting of January 10, 2012 _ ai`X5 =� IZ4 . -. sw', . !#s 4N "011.41 � r:Mw :rt;.. } t a ,:. fir, ? ,t ,.:. t ;.., i P 65,: i « ,.s . . ,, . . 4'' , *Pl " 9 , - ti..lrN V Itt F.Vt•; g$? ITEM TITLE: Resolution authorizing an agreement with Yakima School District No. 7 - YV TECH to allow the use of the Yakima Fire Departments training facility to provide educational services for Fire Fighter Cadet training. SUBMITTED BY: Dave Willson, Fire Chief CONTACT Chief Willson; 575 -6165 PERSON /TELEPHONE: 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 fire - training center maximizes its value through its utilization. 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 for the 2011/2012 school year. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Yakima Valley School District #7 Phone: Source: APPROVED FOR *;,z, SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ YV Tech agreement ❑ YV tech fire training resolution 6' RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager's execution of an agreement between the City of Yakima and Yakima School District No. 7 — YV TECH to allow the use of the Yakima Fire Departments training facility to provide educational services for Fire Fighter Cadet training. WHEREAS, the City of Yakima owns certain firefighting training facilities and firefighting equipment; and WHEREAS, Yakima School District No. 7 has offered to supply funds and supplies for a firefighter 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 firefighting 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 "Educational Services for Firefighter Training 2011 - 2012" for the use of the Yakima Fire Department Training Facility to provide training for the Fire Cadet Program during the 2011 -2012 school year. ADOPTED BY THE CITY COUNCIL this 10 day of January 2012. Mayor ATTEST: CITY CLERK INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SCHOOL DISTRICT NO. 7 FOR EDUCATIONAL SERVICES FOR FIREFIGHTER TRAINING 2011 -2012 THIS AGREEMENT (hereinafter "Agreement ") is made and entered 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 "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 WHEREAS, YV -TECH desires and has the ability to supply the instructor, funds and supplies for a firefighting training program for high school students; and WHEREAS, the City, through its Fire Department, is willing to provide on a reimbursement basis access to the Bum Room, EVAP Course, Search & Rescue, Ventilation Drills in Tower with Smoke, Ventilation Drills on Roof Prop, and Car Prop in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, 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. A YV -TECH Career and Technical Education Firefighting Instructor to supervise the students during Fire Department facility use. B. To reimburse the City of Yakima Fire Department for facility and material usage on a monthly basis. A Yakima School District/YV -TECH Open Purchase Order will be created for the City to invoice against on a monthly basis. C. Assurance that YV -TECH students adhere to the standards, policies, and regulations of the City during their use of the training facility. 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. -] City of Yakima — YV -TECH ILA, Facility Use 2011 -2012 2. RESPONSIBILITIES AND DUTIES OF THE CITY. The City shall provide the following: A. The City shall provide access to the items on the following page on a reservation basis by YV -TECH scheduling with the training supervisor at Station 95 by calling 575 -6067: Drill Grounds - $75 per day; approximately 72 days estimate of $5,400 Burn Room — up to 20 people $250. $25 each above 20. 4 days — 2 sessions of 20 each — estimate - $2,000 Search & Rescue - $30 per hour — 4 days x 5 hrs — estimate $600 Car Prop - $35 per hour plus LPG charge — 3 days x 5 hrs — estimate $525 Ventilation Drills in Tower - $30 per hour — 2 days x 5 hrs — estimate $300 Ventilation Dulls on Roof Prop - $20 per sheet of plywood used — estimate - $600 YV -TECH Open'PO Amount to City: $9,425 B. The City shall invoice YV -TECH for supplies, materials and rental of facilities on a per usage basis for reimbursement. stet 1, 3. TERM OF AGREEMENT. The term of this Agreement shall continence on , 2011 and shall terminate at midnight, June 30, 2012, unless sooner terminated by either party in accordance with Section 11. 4. 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. All policies, procedures, laws relating thereto shall be in full force and effect during the performance of this agreement. 5. 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. 6. 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. _ ') - City of Yakima — YV -TECH ILA, Facility Use 2011 -2012 7. 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. 8. INTEGRATION. 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. 9. MODIFICATIONS. No modification of this Agreement will be binding on either party except as a written addendum signed by an authorized agent of both parties. 10. NONDISCRIMINATION. During the performance of this Agreement, the parties shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, color, creed, or national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection of training, and the provision of services under this Agreement. 11. TERMINATJON. 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. 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. 12. NOTICES Unless stated otherwise herein, all notices and demand shall be in writing and sent to the parties at their addresses as follows: • • -3 City of Yakima — YV -TECH ILA, Facility Use 2011 -2012 _ To the City: To YV -TECH: Dave Willson, Chief Craig Dwight, Principal City of Yakima Fire Department YV -TECH Skills Center 401 North Front Street 1120 South 18 Street Yakima, WA 98901 Yakima, WA 98901 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. 13. INDEMNIFICATION AND HOLD HARMLESS. A. YV -TECH agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, and employees (hereinafter "parties protected') from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs, and expenses (including legal fees, costs, and disbursements) for, arising out of or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to the City's provision of services, work or materials pursuant to this Agreement. YV -TECH further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. B. The City agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, and employees (hereinafter "parties protected') from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs, and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of or related to the City's provision of services, work or materials pursuant to this Agreement. The City further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW or -4- City of Yakima — YV -TECH ILA, Facility Use 2011 -2012 immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. 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. Nothing contained in this Section of this Agreement shall be constructed to create a right of indemnification in any third party. E. The provisions of this Section shall survive the termination or expiration of this Agreement. 14. 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. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 17. 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 sane Agreement. 18. MISCELLANEOUS. City of Yakima, Washington certifies that our organization and its principals or any sub - recipients have not been suspended or debarred from federally funded grant related work. -5 City of Yakima — YV -TECH ILA, Facility Use 2011 -2012 19. 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). CITY OF YAKIMA ATTEST By: Michael A. Morales, City Manager City Clerk Date:. City Contract No: Resolution No: CITY OF YAKIMA FIRE DEPARTMENT Date: /2-/2 Dave Willson Fire Chief YAKIMA SCHOOL DISTRICT NO. 7 YV -TECH SKILLS CENTER "y:,, By: A I 1.,! Elaine Beraza Craig Dwi_ it Superintendent Director /Principal Date: )09% Date: ATTEST City Clerk Contract No. Resolution No. -6 City of Yakima — YV -TECH ILA, Facility Use 2011 -2012