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HomeMy WebLinkAbout5.901 Original ContractMEMORANDUM OF AGREEMENT FOR Related Supplemental Instruction Classes BETWEEN THE CITY OF SEATTLE SEATTLE CITY LIGHT DEPARTMENT AND City of Port Angeles THIS AGREEMENT is made and entered into by and between the City of Seattle, Seattle City Light Department (hereinafter referred to as "City Light and the City of Port Angeles (hereinafter referred to as "Port Angeles The Parties agree as follows: City Light Apprenticeship program agrees to provide 3-4 nine (9) month sessions of related supplemental instruction classes (RSI) also known as "night school" (144 hours per year) to Port Angeles apprentice(s), upon acceptance by Port Angeles. I. Location and Schedule Most of City Light's RSI Training sessions will be held at City Light's South Service Center, Building A, 3613 Fourth Avenue South, Seattle, Washington, 98134. Night School will run from 5pm to 9pm, September through May (day of week to be determined). II. Student Guidelines 3- 9� $.501 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. 1 of 7 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 books, materials, administrative costs, and South Seattle Community College's student tuition rates for the year(s) as listed in Attachment A. Fees will be subject to yearly changes. The actual amount paid to City Light is determined by the number of apprentices enrolled during the RSI school year. (Please note: Costs of the 1 year are higher because the City of Port Angeles, Inc. apprentice will receive many books used for all years of training). Book costs will most likely be lower in the 2 3 and 4 years.) 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 $25) 100% During first 7 calendar days of the month September 80% After 7 calendar days 0% If for any reason beyond City Light's control, including, but not limited to strikes, labor disputes, emergencies, accidents, City Light activities, acts of war or acts of God, City Light is unable to perform its obligations under this Agreement, such nonperformance is excused and City Light may terminate this contract without further liability of any nature,. Rescheduling of missed class time or refund of class fees will be negotiated in the event City Light is unable to complete instruction for reasons beyond City Light's control. V. Term This Agreement is in effect as of the date of final execution, and shall terminate no later than August 1, 2010. VI. Relationship of the Parties The relationship of City of Port Angeles to City Light by reason of this Agreement shall be that of an independent contractor. 2 of 7 If to City Light: If to City of Port Angeles: 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: VIII. Indemnification 3 of 7 City of Seattle Seattle City Light Department 700 Fifth Avenue, Suite 3200 P.O. Box 34023 Seattle, WA 98124 -4023 Attention: Karen DeVenaro City of Port Angeles 240 W. Front Street Port Angeles, WA 98362 Attention: Yvonne Ziomkowski Port Angeles shall indemnify and hold the City 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 City, Port Angeles, upon notice of the commencement thereof, shall defend the same at its sole cost and expense; and if final judgment be adverse to the City, or the City and Port Angeles jointly, Port Angeles 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 City, its officers, employees, or agents; provided, that nothing contained in this section shall be construed as requiring Port Angeles to indemnify the City against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its employees, officers, or agents. Further in the case of concurrent negligence of Port Angeles and City Light, Port Angeles shall so indemnify City Light only to the extent caused by or resulting from the negligence of Port Angeles. IX. Parking Parking spaces are available for Port Angeles students. Parking is permitted in the visitor lot across 4 Ave. Due to parking constraints resulting from construction on the Spokane St. Viaduct, if necessary, Port Angeles students will be allowed to park in the SCL employee parking lot as well. X. Security Operation of Building One (1) cardkey will be issued to each Port Angeles apprentice on the first day of class to be used by the apprentice for access to the front door of Building A. City Light Apprenticeship office is to assume full responsibility for the issuing of cardkey and acquiring a signature on cardkey form at the beginning of the quarter and retrieving the cardkey at the end of each quarter. If a card key is lost or stolen Port Angeles must notify Sheri Tanaka -Eng, (206) 386 -0025, of City Light's Apprenticeship office by the next business day. There will be a $20.00 replacement fee for any card key that is lost or stolen. XI. Policies Alcoholic beverages or illegal substances are not allowed to be in or used in City Light facilities or on City Light property. Smoking is not permitted within the classroom or any City Light facilities. Persons wishing to smoke in the vicinity of City Light's facilities may do so outside of the City Light facility building, provided that ashtrays or other appropriate receptacles are used to dispose of cigarette butts and used tobacco products. Harassment /Sexual harassment is strictly prohibited and shall be cause for immediate removal form class /training. Food and drink will only be allowed in the kitchenette area near the classroom. Doors are not to be propped or left open any time before, during, or after class. Apprentices are not allowed in restricted areas. Report all accidents immediately. Report all equipment damage immediately. All City, State, and Federal laws apply. 4 of 7 All rules and regulation 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 Port Angeles apprentices participate in any "on-the-job- training", and sustain an injury, those said apprentices will be covered under Port Angeles Industrial Insurance coverage. It will be the responsibility of City Light to ensure that proper medical attention is obtained, to provide all necessary paperwork (Labor and Industries forms) to said apprentice, and to contact Port Angeles of apprentice injury. Port Angeles apprentices will provide City Light 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 7 IN WITNESS WHEREOF, the Parties have executed this Agreement by having their representatives affix their signatures below. THE CITY OF SEATTLE SEATTLE CITY LIGHT DEPARTMENT Date: 6 of 7 CITY OF PORT ANGELES By: By: }'-e:7 DaVonna Johnson Y,(ronne Ziomkowski, Director of Finan Interim Officer City of Port Angeles Human Resources Business Unit Date: &,(___,04 /1, 0 9 Fees for related supplemental instruction are listed below per student, and are based upon books, materials, administrative costs and South Seattle Community College's student rates for the 2009 -2010 school year. Fees will be subject to yearly changes. The actual amount paid to City Light is to be determined by the number of apprentices enrolled during the 2009 -2010 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. (Please note: As noted in the Memorandum of Agreement, the costs for the 1st year (1 or 2nd Year academics) are higher because the PORT ANGELES apprentices will receive the majority of their books in the 1 year. Book costs will most likely be lower in the 2nd, 3rd and 4 years. Tuition and Registration Books Instructor Costs Materials Supplies Administrative Costs Card Key Total Fees per Student per Year Grand Total $5,350.00 ATTACHMENT "A" Fees and Method of Payment 1 Year (1 or 2 Year of academics) 7 of 7 650.00 900.00* 3,000.00 600.00 600.00 50.00 5,800.00 *Books subject to increase for '10 —'11 school year. 2 "d 3 and /or 4th Years 650.00 450.00* 3,000.00 600.00 600.00 50.00 5,350.00 One (1) Third Year Meter Electrician apprentice x $5,350.00 $5,350.00