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HomeMy WebLinkAbout5.912 Original Contract -" 5. q I~ MEMORANDUM OF AGREEMENT FOR Related Supplemental Instruction BETWEEN snohomish County PUD No.1 AND City of Port AnQeles THIS AGREEMENT is made and entered into by and between Snohomish County PUD (hereinafter referred to as "the District"), and the City of Port AnQeles. The Parties agree as follows: Snohomish County PUD No. 1 Apprenticeship program agrees to provide Nine (9) months of related supplemental instruction classes (RSI) "night school" (144 hours per year), upon acceptance by the City of Port Anaeles. I. Location and Schedule Most of the District's RSI Training sessions will be held at the PUD Operations Center, 1802 75th St. SW, Everett, Washington, 98203. Night School will run from 5pm to 9pm, September through May (day of week to be determined) with an occasional Saturday class. II. Student Guidelines Washington State Apprenticeship Standards require that "Each apprentice shall enroll in and attend classes, for a minimum of 144 hours per year". If an apprentice misses a class, he/she must make up this class before the end of the quarter. Other general expectations will be discussed by the instructor at the beginning of each school year. III. Fees/Method of Payment Fees for related supplemental instruction are listed in Attachment A to this Agreement. Fees are based on costs related to instructor fees, administrative costs, and Everett Community College's student rates for the year(s) as listed in Attachment A. Fees will be subject to yearly changes. The actual amount paid to the District is to be determined by the number of apprentices enrolled during the RSI school year. This amount is determined by the number of apprentices enrolled in related supplemental instruction and training. 1 of 8 JRK_9/8I06 IV. Refunds Refunds are made according to the schedule below. Withdrawal due to class cancellation.. ......... ....... ........ ..... ................ ........ ........ 100% Before the first day of class (less processing fee of $25) ............................... 100% During first 14 calendar days of the month of September ................................ 80% After 14 calendar days..................... .......... ................ ......................................... ..00/0 If for any reason beyond the District's control, including, but not limited to strikes, labor disputes, emergencies, accidents, the District activities, acts of war or acts of God, the District is unable to perform its obligations under this Agreement, such nonperformance is excused and the District may terminate this contract without further liability of any nature, upon return of the City of Port Anqeles contract. V. Term This Agreement is in effect as of the date of final execution, and shall terminate no later than September 1, 2009. VI. Relationship of the Parties The relationship of the District to the City of Port Anqeles by reason of this Agreement shall be that of an independent contractor. 2 of 8 JRK_9/6I06 VII. Notices All notices and other material to be delivered hereunder shall be in writing and shall be delivered or mailed to the following addresses: If to City of Port Angeles: City of Port Angeles Attn: James Klarr P.O. Box 1150 Port Angeles, WA 98363-0217 If to the District: Snohomish County PUD #1 Attn: Julie K. Mainstone P.O. Box 1107 Everett, W A 98206-1107 VIII. Indemnification The City of Port Anqeles shall indemnify and hold the District harmless from any and all losses, claims, actions, damages, and expenses arising out of or resulting from the performance or lack of performance under this Agreement. In the event that any suit based upon such losses, claims, actions, damages, or expenses is brought against the District, the City of Port Anqeles upon notice of the commencement thereof, shall defend the same at its sole cost and expense; and if final judgment be adverse to the District, or the District and the City of Port Anqeles jointly, the City of Port Anqeles shall promptly satisfy the same. The liability described in this section shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been contributed to, or may be alleged to have been contributed to, in part, by the negligence of the District, its officers, employees, or agents; provided, that nothing contained in this section shall be construed as requiring City of Port Anqeles to indemnify the District against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the District, its employees, officers, or agents. IX. Parking There is plenty of parking available at the Operations Center for the City of Port Anqeles students. 3 of 8 JRK_9/8I06 X. Security / Operation of Building One (1) keycard and one (1) 10 Badge will be issued to each City of Port Anqeles apprentice on the first day of class to be used by the apprentice for access to the gates and front door of the District's Operations Center. In accordance with the District's Facility Security Policy, Directive Number 8: All employees and contractors are required to wear 10 badges while at District facilities. All employees and contractors shall wear 10 badges prominently displayed on outer clothing at all times while at District facilities. 10 Badges may be worn in a pouch, holder, armband, neck lanyard, chain, removable clip or any other device so long as it is worn above the waist and the entire front of it can be seen by others. Employees and contractors shall readily present their 10 badges if asked to do so by a co-worker, manager or security officer. Employees and contractors must use their own 10 badges to gain entry and must not allow visitors or other employees to enter facilities without proper 10 badges. Employees, contractors, and visitors shall be responsible for the integrity and safekeeping of his/her 10 badge, and shall immediately report lost or stolen keys and 10 badges to an authorized District supervisor, manager, project manager, or the District Security Manager. Employees and contractors will surrender all 10 badges and keys at the end of employment/contract with the District, or if requested by an authorized District representative. The wearing of 10 badges is not required in a work environment where such action may pose safety risks. Even in these environments, the employee/contractor must be prepared to present 10 badges upon request. XI. Policies Alcoholic beverages or illegal substances are not allowed to be in or used in the District's facilities or on the District's property. Smoking is not permitted within the classroom or any District facilities. Persons wishing to smoke in the vicinity of the District's facilities may do so in designated smoking areas only. No possession, use or threatening with the use of a weapon while on District premises. "Weapon" is any object, instrument, or chemical which is used in a threatening manner to cause harm or injury to another person or property. Firearms, knives over 5" long, and mace are not allowed on District premises. Harassment /Sexual harassment is strictly prohibited and shall be cause for immediate removal from class/training. 4 of 8 JRK_9J8I06 Apprentice is not allowed in restricted areas unless escorted by a District employee. Report all accidents immediately. Report all equipment damage immediately. All City, State, and Federal laws apply. All rules and regulations that govern Apprenticeship-Related Training apply. XII. Insurance All registered apprentices are covered under Labor and Industries Industrial Insurance during the related supplemental instruction "night school" portion of their apprenticeship. If the City of Port Anqeles apprentices participate in any "on- the-job-training", and sustain an injury, those said apprentices will be covered under the City of Port Anqeles' Industrial Insurance coverage. It will be the responsibility of the District to ensure that proper medical attention is obtained, to provide all necessary paperwork (Labor and Industries forms) to said apprentice, and to contact the City of Port Anqeles of apprentice injury. Emergency contact will be: James Klarr at (360)417-4731 or (360)461-1469. The City of Port Anqeles apprentices will provide the District Apprenticeship office with a copy of Labor and Industries Apprentice Registration Number and Emergency Data Information. XIII. Amendments No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. XIV. Audits Participating departments may audit records or performance of programs included in this Agreement at any time during the term of this Agreement. The participating departments will cooperate in resolving any issues raised by such audits. 5 of 8 JRK_9/BI06 IN WITNESS WHEREOF, the Parties have executed this Agreement by having their representatives affix their signatures below. Snohomish County PUD No.1 City of Port Angeles By: ~Ifu-q~~ David M. Roberts Senior Manager Distribution Construction Services By:~la~ J Jerald L. Osterman City Manager By: Julie K. Mainstone Apprentice Program Administrator Date: q . dY1 . 0 '6 6 of 8 JROIBl06 ATTACHMENT "A" TO THE MEMORANDUM OF AGREEMENT FOR Related Supplemental Instruction and On-the-job-trainina EXECUTED BY SNOHOMISH COUNTY P.U.D. NO.1 AND The City of Port Anaeles THIS ATTACHMENT "A" to the Memorandum of Agreement is made and entered into by and between Snohomish County PUD No.1, (hereinafter referred to as "the District") and the City of Port Angeles for provision of services for the period of September 1,2008 through August 31,2009. This Attachment is being modified to conform to the Everett Community College rates for the 2008-2009 school year. The parties hereto agree to the following Attachment of the Memorandum of Agreement dated August 31,2008 as follows: Article III, Fees/Method of Payment Fees for related supplemental instruction are listed below per student, and are based upon instructor fees, administrative costs and Everett Community College's student rates for the 2008-2009 school year. Fees will be subject to yearly changes. The actual amount paid to the District is to be determined by the number of apprentices enrolled during the 2008-2009 school year. This amount is determined by the number of apprentices enrolled in related supplemental instruction and training. Fees should be paid in Full by October 31 of each school year. 7 of 8 JRK_9/8106 , . Related Supplemental Instruction Tuition & Registration Books (3rd Year) I nstructor Costs Administrative Costs Total Fees per Student (1 students @ $4135.00 = $4135.00) Snohomish County PUD NO.1 BY:Q..., s;lj).{..Q,Q ~ David M. Roberts Senior Manager Distribution Construction Services - BY:~ ~~~~ Juli~ne Apprentice Program Administrator Date: ~.J-t1'D'D 8 of 8 $600.00 $310.00 $2725.00 $500.00 $4135.00 City of Port Angeles By:~Lf)~~ Jerald L. Osterman City Manager JRK_9/8106