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HomeMy WebLinkAboutR-2009-126 Firefighter Training - Educational Services Agreement with Yakima School District No. 7RESOLUTION NO. R-2009-126 A RESOLUTION 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 ATTEST: 5th day of September, 2009. David Edler, Mayor R-zooci-1 z (, INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SCHOOL DISTRICT NO. 7 FOR EDUCATIONAL SERVICES FOR FIREFIGHTER TRAINING 2009-2010 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 govemmental 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. 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. 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 leaming 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. Page 1 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 2. Responsibilities and Duties of the City. The City shall provide the following: 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 %rhour teacher/student contact time from 7:30 a.m. to 8 a.m. each school day for a total of 540 hours of instruction time during the 180 -day school year. The City shall provide three (3) periods of instruction in the aftemoon from 12 p.m. to 2:30 p.m., with an additional %-hour teacher/student contact time from 2:30 p.m. to 3p.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 Firefighting 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 give 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 education teaching certificate prior to submission of the first billing to YV-Tech per the terms of this Agreement. E. Training costs for YV-TECH students is $90,696.00 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 $100,696.00. 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 students 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. 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. Page 2 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 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 2009-2010 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. The term of this Agreement shall commence on July 1, 2009 and shall terminate at midnight, June 30, 2010 unless sooner terminated by either party in accordance with Section 17. 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 $8,809.60 per month ($90,696 - $2,600 = $88,096 _ 10 = $8,809.60 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 and Grading Policies. The attendance and grading policies described in Section 2(K) of this Agreement are the same as for all other YV-TECH Basses. This policy and the YV-TECH calendar will be provided to the Yakima Fire Department at the beginning of each year. 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 2009. The Yakima Fire Department and advisory committee are encouraged to have representatives present on this evening. F. Classes start on August 31, 2009, at 8 a.m., which is YV-TECH's beginning date and time for all students. Page 3 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 G. Only high school students who are 16 years of age or older may enroll for the purposes described above when recommended by the career and technical education 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 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 shall 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 there to shall be in full force and effect during the performance of this Agreement. 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 other 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. 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. 15. 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. 16. 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, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification Page 4 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 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 for training, and the provision of services under this Agreement. 17. 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. 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 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 paid to the City within thirty (30) days of receipt of an invoice and verification of delivery of service to YV-TECH. 18. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO YV-TECH: TO CITY: Craig Dwight, Principal YV-TECH Skills Center 1116 South 15t Avenue. Yakima, WA 98902 Charlie Hines, Chief City of Yakima Fire Department 401 North Front Street 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. 19. Indemnification and Hold Harmless. A. YV-TECH agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, 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 YV-TECH'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, Page 5 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the partiesprotected hereunder. B. The City agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, 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 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 official, 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 attorneys' fees. D. Nothing contained in this Section or this Agreement shall be construed 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. 20. 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 of otherwise, to third parties. 21. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 23. 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. 24. 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. Contracting agencies or independent contractors who are contracted to provide on-site services for Yakima School District students must undergo a criminal background check and be fingerprinted. The district does not provide or pay for the records check and fingerprinting for Page 6 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 outside agencies or independent contractors because this expense is the responsibility of the employing agency or individual. (Yakima School District Policy 5430P). City of Yakima, Washington certifies that all training center employees who will or may have unsupervised access to children under sixteen years of age or developmentally disable persons or vulnerable adults during the course of providing services to Yakima School District have had the required criminal records checked through Washington State Patrol criminal identification system pursuant to RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the Federal Bureau of Investigation. City of Yakima, Washington certifies the record check included a fingerprint check using a complete Washington state criminal identification fingerprint card. City of Yakima, Washington certifies that all training center employees providing services to Yakima School District have no criminal conviction record which would preclude the individual from providing services to Yakima School District, and that City of Yakima, Washington has a sworn statement form all employees providing services to Yakima School District that the employee has not been found in a civil adjudication to have sexually assaulted, exploited any minor or physically abused any minor, or developmentally disabled person in accordance with RCW 43.43.834. 25. Filing. The City shall file a copy of this Agreement with the Yakima County Auditor's Office pursuant to RCW 39.34.040 and the City Clerk's Office. CITY OF YAKIMA By: R. A. Zais, , City Manager DATE: YAKIMA FIRE DEPARTMENT Bv: Charles Hines, Fire Chief DATE: 9/23/0 ATTEST: Deborah Moore, City Clerk Contract No. Resolution No. YV-TECH SKILLS CENTER By: DATE: Craigw" ht, Dir ctor/Principal 3® 9, 7 YAKIMA SCHOOL DISTRICT NO. 7 By:C ` L Sa/ Dr. Elaine Beraza, Superiitendent DATE: Page 7 of 7 City of Yakima — YV-TECH ILA, Educational Services for Firefighting Training 2009-2010 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For meeting of 9/15/09 ITEM TITLE: Resolution authorizing the City Manger to execute renewal of an Educational Services Agreement for Firefighter Training SUBMITTED BY: Charlie Hines, Fire Chief CONTACT PERSON/TELEPHONE: David Willson, Deputy Fire Chief (575-6165) 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 2009-2010 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: