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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 MQA- .;w R 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 http: tuknet. tukwil awa. gov/ cicrkifonns/syscont_NOinsur.doo 6/11/2012 Page I of 2 5+ c1 A 6yt �ti�A -Pry .4 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) http:// tuknet. tukwilawa. gov/ clerk/forinstsyscont_NOinsur.doe 6111/2012 Page 2 of 2 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 Shawn Ritchey Sammy Training Classes Services Abou FAO Contact Hire Shaw Resources Blog 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 mm Tweet o This Ii fn- /ehaxxmritAPV 06/11 /2012