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Home My WebLink AboutR-1994-013 Yakima Avenue / I-82 Interchange Area and Fair AvenueRESOLUTION NO. R-94-13 A RESOLUTION authorizing execution of Amendment #1 to the Agreement for Conveyance of Property for Improvement of Yakima Avenue/I-82 Interchange Area and Fair Avenue. WHEREAS, the City Council has heretofore authorized execution of an Agreement for Joint Construction of Improvements of Yakima Avenue/I-82 Interchange Area and Fair Avenue with Yakima County and the Washington State Department of Transportation; and WHEREAS, the joint improvement of the aforementioned area requires donation of area to be used as right-of-way; and WHEREAS, Gary D. Lukehart and Mary M. Lukehart, husband and wife, desire to contribute right-of-way to the aforementioned project; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to join with Yakima County and the Department of Transportation for the State of Washington in the execution of Amendment #1 to the Agreement for Conveyance of Property for Improvement of Yakima Avenue/I-82 (Interchange Area and Fair Avenue, a true copy of which is attached hereto and incorporated herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached agreement entitled "Amendment #1 to the Agreement for Conveyance...." ADOPTED BY THE CITY COUNCIL this 15th day of February, 1994. ATTEST: CITY CLERK Legal/BD DEC/Gateway ,,mendrnent #1 The Agreement for Conveyance of Property for Improvement of Yakima Avenue/ -82 Interchange Area and Fair Avenue Project dated January 14, 1991 is amended by replacing the stated monetary amount of "Six Hundred Thousand Dollars ($600,000) with "One Miction One Hundred Ninety Thousand Three Hundred and Sixty Three Dollars ($1,190,363)". All other terms and conditions contained therein remain unchanged and are in full force and effect. ATTEST: City Clerk aJI(°h± CITY CONTRACT NO. ` , `-1 ` ATTEST: Approved as to Form: Witness: Witness: tDatBD CGGateway CITY OF YAKIMA P4, Richard A. Zais, Jr. City Manager B Charles Klar' % , Chairman Yakima County Commission By Bettie Ingham Yakima County Commissi - es M. Lewis akima County Com issioner Washington State Department of Transpr .tion Atd/r/ Title r 0erty Owner v ry D. Lukehart hart RECRUIT CLASS AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER THIS AGREEMENT is made and entered into this day of , 1994, by and between THE CITY OF YAKIMA, FIRE DEPARTMENT (hereinafter the "City"), and THE YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER (hereinafter "YVOIC"). WHEREAS, YVOIC needs a Recruit Class for the 10 enrolled Cadets in its Fire Fighter Job Training Partnership Act (JTPA) Program. WHEREAS, the City has the necessary services, facilities, equipment, and staff to provide said Recruit Class, and agrees to provide same for YVOIC under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between YVOIC and the City as follows: Section 1: Duties and Responsibilities a. The City agrees to offer a Recruit Training Class for the 10 enrolled Cadets in the YVOIC Fire Fighter JTPA Program. Instructors, instruction, facilities, apparatus, and training space for the Recruit Training Class will be provided from the Yakima City Fire Department and Emergency Services. Each class participant will recieve a total of 48 hours of training covering the following areas: i. Orientation and Safety/Apparatus and Equipment Safety; ii. Hose Types, Construction, Loads, Knots, and Ropes; iii. First Aid/CPR; iv. Wet Hose Use; v. Basic Air Tanks; vi. Search and Rescue I; vii. Basic and Extension Ladders; viii HIV/AIDS Awareness; ix. Search and Rescue II. b. The Yakima Fire Department will be responsible for providing progress and attendance reports for said Cadets in a timely manner to YVOIC. c. YVOIC will provide all necessary time sheets, evaluation forms, and any other JTPA specific tools required for participant record-keeping. Page 1 of 4 (ls)agr/recruit class.pm d. YVOIC represents that all class participants will utilize their best efforts to be responsible, prompt, efficient, and timely in all academic assignments and training activities. YVOIC further represents that all class participants will abide by all rules of conduct of employees of the City. e. The City may terminate this Agreement at any time for any class participant for any reason related to the Cadet's attitude, attendance, work habits, perfonuance, etc. No prior written notice will be required in such event. f. YVOIC will serve as the liaison between the City and respective Cadet in all behavioral and/or disciplinary matters. Section 2: Consideration YVOIC agrees to compensate the City for all work and services perfoired under and pursuant to this Agreement in the foiui of tuition of Ninety Six Dollars ($96.00) per enrolled Cadet. YVOIC agrees it will make said payment within thirty (30) calendar days of receiving the billing statement from the City. Section 3: Time of Performance The term of this Agreement shall commence when the City and YVOIC have duly executed this Agreement, and tei ininate when the 10 enrolled Cadets have received the specified 48 hours of training or on the 31st day of December, 1994, whichever shall occur first. Section 4: Status of Cadets YVOIC and the City understand and expressly agree that the 10 enrolled Cadets are not employees of the City and are in no way entitled to benefits provided by the City to its employees, including but not limited to health benefits, workers' compensation, employment insurance, and retirement benefits. Section 5: Insurance YVOIC agrees to maintain such insurance, including medical insurance, as will fully protect both YVOIC and the City from any and all claims of whatsoever kind or nature for the damage to property or from personal injury, including death, made by anyone whomsoever, that may arise from the performance of this Agreement by the City. YVOIC agrees to provide the City with satisfactory documentation evidencing the required insurance coverage before the City begins work hereunder. Section 6: Hold Harmless YVOIC shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any all liability or loss, and against all claims or actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of this Agreement or by conditions created hereby, or based upon any violation of statute, ordinance, or regulation. Page 2 of 4 (1s)agr/recruit class pm Section 7: Assignment This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YVOIC to any other person or entity without the prior written consent of the City. Section 8: Termination Except as stated otherwise herein, this Agreement may be terminated by either party, with or without cause, by providing the other party fifteen (15) days written notice of termination. Section 9: Full Force and Effect If any portion of this Agreement is changed per mutual agreement or held invalid, the remainder of the Agreement shall remain in full force and effect. Section 10: Integration This written document constitutes the entire agreement between the parties. No change or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both the City and YVOIC. Section 11: Notices Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: To City: To YVOIC: Chief, Yakima City Fire Department 401 North Front Street Yakima, WA 98902 Yakima Valley Opportunities Industrialization Center 815 Fruitvale Blvd. Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Section 12: Litigation In the event that any suit or action is instituted by the City or YVOIC 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 ecessarycourt costs, such sums as the court may adjudge as reasonable attorney's fees. The venue for any such action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 3 of 4 (ls)agr/recruit class.pm IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. CITY OF YAKIMA YAKIMA VALLEY OPPORTUNITIES INDUSTIZATIO • E R /4-e \ R. . A41-',7.JR., City Manager TAM• • BOSLER Al'l EST: tiLeCity Clerk Page 4 of 4 (ls)agr/recruit class pm Program Director By: ft& SONDRA WELLS Program Case Manager