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HomeMy WebLinkAboutR-1992-D6057 Training• • RESOLUTION NO, D 6 0 5 7 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an On -the -Job Training Agreement with Jack Wilson and representatives of the State of Washington for training in the City wastewater treatment facility. WHEREAS, the city operates a wastewater treatment facility at which the State. of Washington is desirous of placing Jack Wilson to be trained as a Wastewater Treatment Plant Operator, and WHEREAS, Jack Wilson has offered to be trained as a Wastewater Treatment Plant Operator at the City wastewater treatment facility; and the City Council deems it to be in the best interests of the City that the attached On -the -Job Training Agreement be executed to provide for the responsibilities of the trainee and the entities in the training program, now,, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an On -the -Job Agreement with Jack Wilson and representatives of the State of Washington for the purpose described above, a copy of which On -the -Job Training Agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of February, 1992. ATTEST: x City Clerk Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: Feb. 11, 1992 ITEM TITLE: Vocational Rehabilitation Contract SUBMITTED BY: Denny Covell, Director of Engineering and Utilities Chris Waarvick, Wastewater Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: In the State of Washington, when a worker covered under Labor and Industries (L&I) is injured and subsequently rehabilitated, yet cannot return to the original work, on-the-job training is made available in an alternative compatible trade. Mr. Jack Williams has approached the City through his vocational rehabilitation counselor, to request training as a wastewater operator. You are being requested, to allow the City Manager to execute the attached agreement whereby jack Willaims would be involved in a 52 week on-the-job training opportunity with the City of Yakima at the Wastewater Treatment Facility. The City provides the work environment and supervision. The trainee provides, through the State, all recommended training materials, clothing and is compensated by time loss benefits. The City has no liability for the existing injury nor any that may occur during the 52 week training program. The training consists of performing the normal daily tasks of the entry level operator at the treatment facility, and training courses proctored by Wastewater Division staff. We have found involvement in similar programs in the past to be highly beneficial to the trainee, the State, and the City. The Legal Department has prepared past agreements and resolutions of which the attached contract and resolution are modified only for contemporary application. X Resolution Ordinance X Contract Minutes Plan/Map Notification Other (Specify) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing City Manager to execute Training agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION FORTIS Restoring Futures ON-THE-JOB TRAINING AGREEMENT WITH THE CITY OF YAKIMA TRAINER: City of Yakima, Wastewater Treatment Plant TRAINEE: Jack D. Williams/Claim No: K 736691 AGREED: 1. Training will be provided by the City of Yakima as a Wastewater Treatment Plant Operator in training, 40 hours per week for the 52 weeks commencing on 02/03/92 and ending on 02/02/93. All expenses will be paid by the Department of Labor and Industries. 2. The Process Control Supervisor at the facility will provide general supervision and outline training activities. 3. Mr. Williams will employ in the following: Chlorination, janitorial equipment maintenance, laboratory testing, plant operations, log entries, monitoring plant processes, gather- ing samples, cleaning various plant equipment and other related duties as required. 4. Carol 14.,:ison, Vocational Rehabilitation Counselor at FORTIS Corporation, will provide monitoring of this Plan and will abet both the trainee and the trainer as needed throughout the 52 weeks of training. 5. Mr. Williams will be responsible, prompt, efficient in his work and timely in his academic assignments and aide by all rules of conduct of employees of the City of Yakima. 6. The City of Yakima will not be responsible for any liability for on-the-job injuries during the training duration. Mr. Williams will submit any claim for any loss suffered due to participation in the training, to the Department of Labor and Industries under his existing Claim No: K 736691-W. Mr. Williams will not have the Labor and Industries coverage through the City of Yakima. Mr. Williams has observed the conditions for the Yakima Wastewater Plant and is aware of the constant risks of severe injury or death during the activities during his performance there. 1111 N. 1st Street Suite 6 Yakima, WA 98901 (509) 452-2002 Fax: 1-509457-6186 Mr. Williams recognized that his activities at the City facility will bring him in contact will unusual working conditions which include, but are not limited to, the following: - Exposure to chlorine gas; -- Exposure to caustic materials; - High electrical voltages; * - Working on ladders, scaffolding and numerous flights of stairs - Working in confined spaces near location of toxic gases; and -- Lifting of objects sufficient to cause back injuries or loss balance if not lifted carefully Mr. Williams for himself, his heirs, administrators and assigns, does release and discharge the City of Yakima and its officers, employees and agents form all claims, demands, action causes of any sort, for injury sustained to his person and/or property during Mr. Williams presence on the facility premises and any other aspect of this learning experience, due to negligence or any other fault. 7. The City of Yakima, as trainer, and as a non-profit organ- ization,is not obligated for any wages, salaries or other remuneration to the trainee for any services rendered. Mr. Williams will continue to receive time -loss compensation under Claim No: K 736691, throughout the training program. 8. The City of Yakima may terminate this Agreement at any time for any reason related to the claimant's attitude, attendance, work habits, performance etc. 9. The trainee acknowledge that he has had the opportunity to read every part of the above Agreement and to consult an attorney if he so chooses. 10. This contract will not be effective until signed by Jack Williams and a representative of the Department of Labor and Industries having authority to bind the State to the responsibilities recited above, including the submission of any new injuries under Mr. Jack Williams' Claim No: K 736691- W. It is understood and agreed that Mr. Williams will not start any training until the Department of Labor and Industries submits a written affirmation of the authority of its signatory representative. 11. Throughout the duration of this contract, Jack Williams is not an employee of the City of Yakima, nor is there any obligation for the City to employ Mr. Williams upon completion of his training. k D. Williams, Trainee atte-ell# rZT7z.1 Carol K. ilson, Vocational Rehabilitation Counselor 01-3-92 Ka by Fr es, CIRS. Ka by Fres, CIRS, District Manager Richard A. Zais, Jr., City Manager L & I Representative * Working at unprotected heights some what restricted due to Mr. Williams right wrist injury. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: Feb. 11, 1992 ITEM TITLE: Vocational Rehabilitation Contract SUBMITTED BY: Denny Covell, Director of Engineering and Utilities Chris Waarvick, Wastewater Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: In the State of Washington, when a worker covered under Labor and Industries (L&I) is injured and subsequently rehabilitated, yet cannot return to the original work, on-the-job training is made available in an alternative compatible trade. Mr. Jack Williams has approached the City through his vocational rehabilitation counselor, to request training as a wastewater operator. You are being requested, to allow the City Manager to execute the attached agreement whereby jack Willaims would be involved in a 52 week on-the-job training opportunity with the City of Yakima at the Wastewater Treatment Facility. The City provides the work environment and supervision. The trainee provides, through the State, all recommended training materials, clothing and is compensated by time loss benefits. The City has no liability for the existing injury nor any that may occur during the 52 week training program. The training consists of performing the normal daily tasks of the entry level operator at the treatment facility, and training courses proctored by Wastewater Division staff. We have found involvement in similar programs in the past to be highly beneficial to the trainee, the State, and the City. The Legal Department has prepared past agreements and resolutions of which the attached contract and resolution are modified only for contemporary application. X Resolution Ordinance X Contract Minutes Plan/Map Notification Other (Specify) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing City Manager to execute Training agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION CANAL RECONSTRUCTION AND LAND EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this 1364' day of February 1992, by and between Roundup Co., a Washington corpora- tion, d/b/a Fred Meyer, (hereinafter "Roundup") and the City of Yakima, Washington, a municipal corporation of the State of Wash- ington, whose address is 129 North 2nd Street, Yakima, Washington 98901 (hereinafter "City"). WHEREAS, Roundup owns land in the vicinity of North 40th Avenue and Powerhouse Road in the City of Yakima; and WHEREAS, Roundup wishes to develop said property by con- structing a Fred Meyer store with adjacent parking areas; and WHEREAS, Roundup proposes to relocate and reconstruct an existing City of Yakima irrigation canal which currently bisects the Roundup property (the portion of such canal on the Roundup property is the "Fruitvale Canal"); and WHEREAS, the City is willing to exchange land with Roundup and permit said canal to be reconstructed on a different alignment in order to facilitate construction of the Fred Meyer facility, now, therefore, In consideration of the mutual promises and covenants made herein, the parties hereto agree as follows: 1. Existing Fruitvale Canal Property. The parties hereby agree that the existing alignment of the Fruitvale Canal is located within the real property legally described in Exhibit A, attached hereto and incorporated by reference herein, herein- after "Existing Fruitvale Canal Property." 2. New Fruitvale Canal Property. The parties hereby agree that the new alignment of the Fruitvale Canal shall be within the real property legally described in Exhibit 5, attached hereto and incorporated by reference herein, hereinafter "New Fruit - vale Canal Property." 3. Reconstruction of Fruitvale Canal (Phase 1). Roundup shall relocate and reconstruct the Fruitvale Canal in accordance with all of the approved plans and specifications which are attached hereto as Exhibit C and incorporated by reference herein. The newly constructed Fruitvale Canal shall be located on the "New Fruitvale Canal Property." Said reloca- tion and reconstruction of the Fruitvale Canal shall he com- pleted on or before March 5, 1992, and all costs associated with the relocation and reconstruction of the Fruitvale Canal shall he borne by Roundup. The City shall have the right to monitor, inspect, and oversee the construction activities at Page 1 of 8 (agr/canal.rp) any time. The City shall also have the unconditional right to approve or disapprove whether the relocation and construction of the Fruitvale Canal, or any portion thereof, has been made in accordance with this Agreement and the plans and specifica- tion referenced above. Roundup's obligations to relocate and reconstruct the Fruitvale Canal shall not be deemed to have been completed unless and until the City Engineer provides Roundup with a written acceptance of the construction. 4. Fruitvale Canal Piping (Phase 2). Roundup shall install irrigation piping and construct other related improvements to the Fruitvale Canal in accordance with all of the approved plans and specifications attached hereto as Exhibit D and incorporated by reference herein. The installation of irriga- tion piping and construction of other related improvements shall commence no earlier than October 20, 1992 and shall be completed no later than February 28, 1993; provided, however, that said installation and construction may be performed before the 1992 irrigation season upon the City Engineer's written authorization to do so based upon the City's determi- nation that there are adequate resources and time to complete the project before March 15, 1992. All costs associated with the installation of irrigation piping and construction of other related improvements shall be borne by Roundup. The City shall have the right to monitor, inspect, and oversee the construction activities at any time. The City shall also have the unconditional right to approve or disapprove whether the installation of irrigation piping and construction of other related improvements, or any portion thereof, has been made in accordance with this Agreement and the plans and specification referenced above. Roundup's obligations to install irrigation piping and construct other related improvements shall not be deemed to have been completed unless and until the Yakima City Engineer provides Roundup with a written acceptance of the installation and improvements. 5. Warranties and Representations. Roundup represents and war- rants to the City that the following are true and correct: A. All relocation and construction activities contemplated by this Agreement shall be completed in accordance with all applicable approved plans and specifications; B. All relocation and construction activities contemplated by this Agreement shall be completed in accordance with all applicable laws, statutes, ordinances, and regula- tions, including, but not limited to, the 1991 Standard Specifications for Road, Bridge and Municipal Construc- tion published by the Washington Department of Transpor- tation and the American Public Works Association; C.The Fruitvale Canal shall be functional for its current and intended uses for conveying water, and the Fruitvale Canal shall be free of all material defects for a period of one (1) year from the date of acceptance by the City; Page 2 of 8 (agr/canal.rp) D. To the best of Roundup's actual knowledge, there are no hazardous substances present on or under the New Fruit - vale Canal Property; and E. Roundup shall not cause or permit any activities on the New Fruitvale Canal Property which directly or indirectly could result in a release of hazardous substances on or under the property. Roundup has owned the Roundup property for only a limited time and therefore its knowledge about the property is limited. The representations and warranties about the property in Section 5(B) are limited to the best of its knowledge, based entirely on any report or study done in connection with Round- up's acquisition of the Property and without any independent investigation of the Property other than any such report or study. In the event that, prior to the Closing Date, any hazardous substances are discovered by either party on, in, under the Property, the party discovering them will notify the other as to any environmental reports about the Property received by the party discovering them. In such event, either party may elect in its sole discretion to cancel and terminate the duty to exchange their respective parcels by written notice to the other, in which case neither party will have any further obligation to the other hereunder, unless the City within 10 days after receipt of such cancellation notice from Roundup elects by written notice to Roundup to waive its right of objection to the matter discovered. 6. Indemnities. Roundup shall protect, defend, indemnify, and hold the City harmless from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, third -party claims or damages, consequential damages whether foreseeable or unforeseeable, and other pro- ceedings and reasonable costs and expenses (including reason- able attorney's fees and disbursements), which accrue to or are reasonably incurred by the City and arise directly or indirectly from or out of, relate to, or in any way are con- nected with: A. Any breach of the representations or warranties contained in this Agreement; B. Any activities on the New Fruitvale Canal Property during Roundup's ownership, possession, or control of the New Fruitvale Canal Property which directly or indirectly result in the New Fruitvale Canal Property or any other property becoming contaminated with hazardous sub- stances; C. Any failure, problem with, reduction in capacity of, or inability of the Fruitvale Canal or piping system to transport and convey an adequate amount of water in accordance with historic uses, existing agreements or obligations, or valid water rights during the established Page 3 of 8 (agr/canal.rp) irrigation season of March 15 through October 15, 1992 or March 15 through October 15, 1993 which results from Roundup's breach of this Agreement, or any portion there- of. 7. Financial Security for Indemnities. As financial security for the indemnities made in paragraph 6 above, Roundup shall, on or before March 5, 1992, deliver to the City a Standby Irrevo- cable Letter of Credit for the benefit of the City in the amount of Five Hundred Thousand Dollars ($500,000.00), which Standby Irrevocable Letter of Credit may be unconditionally drawn on by the City on sight when presented with the follow- ing document: Signed statement from the City Engineer of the City of Yakima certifying that the Fruitvale Canal construction has not been performed or completed in accordance with approved plans and specifications as of March 5, 1992, the date of required compliance; provided, however, that Roundup shall have no obligation to deliver said Letter of Credit if the City Engineer of the City of Yakima issues a written determination that the relocation and construction activities contemplated by this Agreement were completed on or before March 5, 1992. The City Engineer of the City of Yakima shall not unreasonable refuse to make said written determination of completion. 8. License to Use City Property. The City hereby grants to Roundup a license to use, subject to all of the terms and conditions of this Agreement, the Existing Fruitvale Canal Property for the purposes of performing Roundup's obligations under this Agreement. Roundup shall protect, defend, indemni- fy, and hold the City, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arises from, relates to, or is connected with the condition or use of the property covered by this license, or any means of ingress to or egress from said property, pursuant to this license, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of the City. 9. Insurance. Roundup shall, during the entire period of reloca- tion and construction, keep in full force and effect a policy or policies of public liability and property damage insurance with respect to the Fruitvale Canal properties, in which the limits of public liability shall not be less than Two Hundred Thousand Dollars ($200,000.00) per person and Three Hundred Thousand Dollars ($300,000.00) per accident, and which the property damage liability shall not be less than Seventy -Five Thousand Dollars ($75,000.00). The policy shall name the Page 4 of 8 (agr/canal.rp) City, its officers, agents, and employees as an additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City ten (10) days prior written notice. The insurance shall be in a responsible insurance company chosen by Roundup. The City shall be provided with a written insurance certificate prior to the commencement of any relocation and construction activi- ties. 10. Land Exchange. Upon satisfactory completion and acceptance of the construction contemplated by paragraph 3 above, the par- ties hereby shall exchange between themselves the Existing Fruitvale Canal Property and the New Fruitvale Canal Property. Roundup shall convey the New Fruitvale Canal Property to the City by a statutory bargain and sale deed in the form attached hereto as Exhibit E and incorporated by reference herein. The City shall convey to Roundup the Existing Fruitvale Canal Property by quit claim deed in the form attached hereto as Exhibit F and incorporated by reference herein. Closing of this land exchange transaction shall occur in the offices of the City of Yakima Legal Department, 201 East Lincoln, Suite 5, Yakima, Washington, within ten (10) days after completion and acceptance of the construction contemplated by paragraph 3 above. Roundup and the City agree to execute all necessary excise tax affidavits and other relevant closing documents. Other than the exchange of deeds, there shall be no exchange of consideration for this land exchange transaction. At the time of closing of the land exchange transaction, Roundup shall, at its expense, provide the City with an American Land Title Association standard form of owner's or purchaser's policy of title insurance in the amount of One Hundred Thou- sand Dollars ($100,000.00) for the New Fruitvale Canal Proper- ty ensuring fee simple title to the New Fruitvale Property in clear of all liens, encumbrances, exceptions, and reservations other than nondelinquent real property taxes, rights reserved in federal patents or state deeds, building or use restric- tions common to the area, utility easements, ingress and egress rights, relinguishment of access rights, or items dis- closed in the preliminary title report and expressly approved or waived in writing by the City. Roundup shall pay prior to the date of closing all of its pro rata share of real estate taxes assessed against the New Fruitvale Canal Property and due and payable for the year of closing. The indemnities made in paragraph 6 above shall survive the closing of this land exchange transaction. 11. Performance Bond/Inspection Fee. As soon as possible after execution of this Agreement, Roundup shall, in accordance with the Yakima Municipal Code and City policies, deliver to the City a fully executed performance bond in an amount equal to all construction contract costs for both Phase 1 and Phase 2, and in the form attached hereto as Exhibit G and incorporated by reference herein. Roundup further agrees to pay the City Page 5 of 8 (agr/canal.rp) an inspection fee of 5% of the total value of all construction costs for labor and materials for both Phase 1 and Phase 2. 12. Assumption of Construction Activities by City. In the event that Roundup fails to satisfactorily complete the relocation and construction activities contemplated by paragraphs 3 or 4 above, then the City may, at its option, enter the affected properties and complete the relocation and construction using City resources or contractors, and in such event, Roundup agrees to pay the City for all reasonable costs and expenses incurred to properly complete the applicable Phase of the relocation and construction of the Fruitvale Canal pursuant to paragraph 3 or 4, as applicable, which Roundup failed to do, in accordance with the plans and specifications set forth in this Agreement. 13. Liquidated Damages. In the event that Roundup fails to satis- factorily complete the relocation and construction activities contemplated by paragraphs 3 and 4 above, then the parties hereto agree that the actual damages to the City will be difficult or impossible to ascertain, and the parties there- fore agree that Roundup shall pay the City liquidated damages in the amount of One Thousand Dollars ($1,000.00) per day for each day after the deadlines set forth in this Agreement for which construction has not been completed in accordance with this Agreement. 14. Discharge Into Canal Prohibited. Roundup shall have no right to discharge any water, runoff, or other material into the Fruitvale Canal at any time. 15. Notices. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notice given by mail shall be sent, postage prepaid, by certi- fied mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: ROUNDUP CO. c/o P.O. Box 42121 Portland, OR 97242 CITY OF YAKIMA 129 North 2nd Street Yakima, WA 98901 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. 16. Assignment. Roundup shall not transfer or assign this Agree- ment, or any interest therein, without the consent in writing Page 6 of 8 (agr/canal.rp) of City, and it is agreed that any such transfer or assign- ment, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and shall, at the option of City, terminate this Agreement. 17. Waiver of Breach. A waiver by either party hereto of a breach of 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. 18. Time of the Essence. Time is of the essence of this Agree- ment. 19. Law Governing. This Agreement shall be governed in all re- spects by the laws of the State of Washington. 20. Successors and Assigns. This agreement shall be binding upon and inure to the benefit of the parties hereto, their succes- sors, and assigns. 21. Special Provision. Roundup represents that it is not a for- eign person or corporation (as defined in Section 1445 of the Internal Revenue Code), and withholding of Federal Income Tax from the amount realized will not be made by City. An Affida- vit and Certification prepared in conformance with IRS regula- tions under Section 1445 of the Internal Revenue Code will be executed by Roundup. 22, Entire Agreement. It is understood and agreed that all under- standings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or represen- tation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. 23. Litigation. In the event that any suit or action is insti- tuted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima, County, Washington. Page 7 of 8 (agr/canal.rp) FROM:YAKIMA CITY LEGAL DEPT TO: 583 294 9108 FEE 12, 1992 9:02AM #302 P.15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. Witness: CITY OF YAKIMA, WASHINGTON i AL,0e6/7E, X° fittest: i<v, t By: R. A. Zais', Jr. City Manager Witness: /1 ROUNDUP CO. By( Ul �._ /i�<.s•� .�___ Its: L/ - j/c e- 7 7 Page 8 of 8 (agr/canal.rp)