HomeMy WebLinkAbout12-077 - Shawn Ritchey Safety Training - Public Works Trainingfir.• I ��l �����*i
Contract No. 12 -077
CONTRACT FOR SERVICES Council Approval NIA
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City and SHAWN RITCHEY SAFETY TRAINING
hereinafter referred to as "the Contractor whose principal office is located at Lakp WA
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request and
obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Paument. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $500.00 at a rate of see attache
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3. Contractor Budget. The Contractor shall apply the funds received under this A eement f -4
within the maximum limits set forth in this Agreement. The Contractor shall request prior approval
from the City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing. June 28 20 and ending June 28 2012 unless
sooner terminated under the provisionshereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the parties
hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded-
City employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or contributing
to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect
to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees,
and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages referenced by
this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or
employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the
extent of the negligence of the Contractor, its officers, agents, and employees.
7. Record Keenine and Reoorting.
A. The Contractor shall maintain accounts and records, including personnel, property,
financial and programmatic records which sufficiently and properly reflect all direct and indirect costs
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of any nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by
this Agreement shall be subject at all times to inspection, review or audit by law during the
performance of this Agreement.
9. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to
provide products on schedule may result in contract termination. If the Contractor's insurance coverage
is canceled for any reason, the City shall have the right to terminate this Agreement immediately.
10. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided under
this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
11. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of
the services contemplated by this Agreement without the written consent of the City.
12. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
13. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
14. Apnlicable Law; Venue: Attornev's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or
other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees an costs of suit.
DATED this -)—C/ day of c J 4144 20 /L
CITY F TUKWI A
By:
Titl im Hagge ayor
A ES /AU ENTICATED:
Christy`O'Flaherty, mw, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By.
CONTRACTOR: SHAWN RITCCHEY SAFETY TRAINING
By: i .a/l9 l f k- r
t
Title:
Printed Name:
Address:
Date approved by City Council:
(Applicable if contract amount is over $40,000)
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SHAWN RITCHEY SAFETY TRAINING
"Energized education you'll remember"
(P) 206 355 -9926 (F) 360- 652 -3138 (A) P.O. Box 154 N Lakewood, WA 98259
(W) www.shawnritchey.com (E) shawn@shawnritchey.com
MEMORANDUM OF AGREEMENT- EXHIBIT A
Instructor: Shawn Ritchey Date of issue: 06 -07 -12
Description: Heat Related /PPE Date of service: June 28, 2012
Length of Service: Approx 2 -2.5 hr Start Time: O`) 30 o9
Maximum size: up to 70 Number in this class: 60 -70
(If larger class is needed, please let me know before returning this contract)
Company Name: City of Tukwila
Address: 69\o DL
City /State/Zip: City of Tukwila
Address where service will be held if different:
Contact: 1=r6ka�l:dd +tk, iPNIZ
Phone /Fax: Ph: 206 -433 -1816 Fax: 206 -433 -7198
Email erika.eddins&.tukwilawa.aov
Purchase Order /n
Cost of Service: Minimum Charge (1 -50 Students):
Additional Charge (51 -70):
$300.00
5.00 /pp
Travel: IRS rate (.55) X approx. 125 miles round trip
All prices include: training, interactive class supplies.
Pricing in this memorandum is confirmed for 90 days from date of issue.
$150 deposit (made out to Shawn Ritchey) or Purchase Order will confirm date of service
with the balance due no later than 30 days passed date of service.
Resoonsibilities and other (possible) fees you agree to: Notify all participants of the time, date and location of
this service. You should provide an adequate room (seating, appropriate floor space as needed), use of white
board and /or AV equipment. You agree to pay other expenses (i.e. motel, travel, etc) IF NOTED: NA
Rescheduling /Cancellation Policv: Cancellation of service must be done at least 13 days prior to date of
service. Any cancellation made within 13 days will result in the forfeit of your deposit or equivalent charge of
$150.00 to your Purchase Order. Rescheduling within 13 days of date of service will be attempted at no
charge IF the rescheduling can be arranged within two weeks of the original date of service. If the
rescheduling can't be arrange within that time period, it will be considered as a cancellation, and the $150.00
fee will apply. (I have read and agree to the terms of this memorandum, and my signature indicates to that
fact)
Sign /Date:
6 tom -ice
It is our sincere goal to exceed your satisfaction. If you are not fully satisfied with the service please contact
us promptly and we will do what we can to rectify and /or restore your satisfaction. Thank you, again, for
choosing SHAWN RITCHEY SAFETY TRAINING.
Heat Related Emergencies I CPR, First Aid, Certification, Emergency and Lite Events l rammg rage i of 4
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Heat Related Emergencies
Home Classes Services Heat- Related Emergencies
Summary
Heat- related emergencies are a growing concern for many industries, as well as a legitimate safety risk factor for
many employees. While following OSILA and WA State Department of Labor Industries guidelines as found in
WAC 296 -62 -095, this course will address Environmental AND personal factors that can contribute to heat related
emergencies, employers responsibilities and procedures for identifying these emergencies.
In addition, the class will provide Basic First Aid awareness or Advance First Aid awareness when discussing the
safety procedures for properly evaluating and controlling exposures. Additional Basic First Aid or Advanced First
Aid training and /or simple safety tips can be provided during the course to address secondary conditions often
associated with heat related emergencies. Some of these conditions can include: Shock, Seizure, Nausea /Vomiting,
Aspiration, Cramping, etc.
By definition: Emergencies are not planned! But through a dynamic presentation, site specific scenarios, common
sense approach to current guidelines and moulage (.stage make -up) when appropriate, you will experience Energized
Education You'll Remember. Extensive .Scene Safety tips are discussed for the health and safety of all those tivho
attend.
Pricing
Length of training can vary between 1 -3 hours based on course as a "stand- alone" topic, depth of topic requested or
combined with other training. Price based on "Stand- alone" training of 2 hours and includes training, and travel
(first 100 miles round trip from Marysville, WA.) 275.00 (1 -15), $10.00 /pp (16 -30). Larger classes can be
accommodated, and price breaks may apply. Call or email for more information.
Register for Training
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Ii fn- /ehaxxmritAPV 06/11 /2012