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HomeMy WebLinkAboutR-1999-005 Hazardous Materials Training Services Agreement• RESOLUTION NO. R-99- 0 5 • • A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Hazardous Materials Training Services agreement with Richard C. Bowman, d.b.a. the VoTech Company to provide specialized training to Fire Department personnel in the handling of hazardous materials. WHEREAS, within the City of Yakima the storage and transportation of Hazardous Materials occurs on a daily basis; and WHEREAS, the potential for the accidental spill or release of these materials presents a daily threat to the safety and health of the citizens of Yakima; and WHEREAS, the Fire Department will be called upon to mitigate the problem should it occur; and WHEREAS, the State of Washington requires that the members of the Department be trained to handle a Hazmat problem; and WHEREAS, the City of Yakima Fire Department requires professional training services during 1999 for the handling of hazardous materials; and WHEREAS, Richard Bowman, d.b.a. VoTech Company, has the expertise and experience to train personnel in the handling of hazardous materials and agrees to provide this training to the City of Yakima Fire Department under the terms and conditions set forth in the attached agreement; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Richard Bowman, d.b.a. VoTech Company for hazardous materials handling training, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima is hereby authorized to execute the attached and incorporated "Hazardous Materials Training Services Agreement" with Richard Bowman, d.b.a. VoTech Company for training Fire Department personnel in hazardous materials training. ADOPTED BY THE CITY COUNCIL this day of January, 1999. ATTEST: John Puccinelli, Mayor City Clerk • rn/ttre dept/tram sere contracts 99.pm HAZARDOUS MATERIALS TRAINING SERVICES AGREEMENT THIS HAZARDOUS MATERIALS TRAINING SERVICES AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City", and Richard C. Bowman, d.b.a. the VoTech Company, hereinafter "VoTech". WHEREAS, the City of Yakima Fire Department needs professional services to provide specialized training regarding the handling of hazardous materials. WHEREAS, VoTech has experience and expertise regarding the handling of hazardous materials, and agrees to perform hazardous materials training services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and VoTech as follows: 1. Scope of Training Services/Materials. VoTech shall provide hazardous materials training services in accordance with attached and incorporated Exhibit "A." 2. Consideration. The City agrees to provide VoTech a total of not more than Three Hundred and Twenty Dollars ($320.00) as full compensation for all training services performed under and pursuant to this Agreement. VoTech shall submit satisfactory documentation/invoice evidencing said services to the Training Battalion Chief following completion of the services. The City shall make payment to VoTech within thirty (30) calendar days upon receipt of the documentation/invoice. All payments are expressly conditioned upon VoTech providing training services hereunder that are satisfactory to the City. 3. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall continue until all required training services have been satisfactorily performed by VoTech, unless sooner terminated by either party in accordance with Section 15 of this Agreement. 4. Status of VoTech. VoTech and the City understand and expressly agree that VoTech is an independent contractor in the performance of each and every part of this Agreement. VoTech and its officers, employees, agents, instructors, and subcontractors shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. VoTech shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, VoTech shall pay the same before it becomes due. Page 1 of 3 (1k)agr-haz mat training -bowman -pm 6. Non -Discrimination. During the performance of this Agreement, VoTech shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 7. The Americans With Disabilities Act. VoTech agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. VoTech agrees to perform all training services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. No Insurance provided by City. It is understood the City does not maintain liability insurance for VoTech and/or its officers, employees, agents, instructors, and/or subcontractors. 10. Indemnification and Hold Harmless. VoTech shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from VoTech's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by VoTech to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of VoTech as stated herein. 12. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 13. Integration. This written document constitutes the entire agreement between the parties. No changes 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 parties. 14. Non -Waiver. The waiver by VoTech or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 15. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party five (5) days advance written notice of termination. Page 2 of 3 (Ik)agr-haz mat training -bowman -pm 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: To City: To VoTech: Training Battalion Chief Yakima Fire Department Fire Station No. 1 North Front Street Yakima, WA 98901 Richard C. Bowman The VoTech Company 3703 Parkway Place Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands, shall be sent by registered or certified mail, postage prepaid or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA THE VOTECH COMPANY By: 1 Al Gillespie, Fire Chief Richard C. Bowman Date: s ft Bv: ri,err% R,c+uC: eco -::i! tiro i $C: c ct - 0 Attest: R.A. Zais, Jr., City Manager, / Date: , ,/-2- `) / i cY s _ ate., ,m3 -C.s- ;: City Clerk '1 - Page 3 of 3 (]k)agr-haz mat training -bowman -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: 01/05/99 f iEM TITLE: Hazardous Materials Training Services Agreement SUBMII1ED BY: Yakima Fire Department, Al Gillespie, Fire Chief CONTACT PERSON/TELEPHONE: Abel Castilleja, Battalion Chief, 575-6141 SUMMARY EXPLANATION: The City of Yakima has a need to provide specialized training regarding hazardous materials responses. The Vo Tech Company and Richard Bowman have the expertise in the field of hazardous materials and can train instructors in the delivery of hazardous materials responses. Richard Bowman and the Vo Tech Company will provide training to hazardous materials instructors who will in turn train fire department personnel. This training will be provided in January 1999. The City of Yakima Fire Department agrees to provide the sum of no: more than $320.00 to Richard Bowman for this training within 30 days upon receipt of invoice. Resolution Ordinance X Contract Other (Specify) Funding Source: APPROVED FOR SUBMI11`AL: Ci er (City J g ) Arth STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: