HomeMy Public PortalAbout164-2016 - Fire-Training Services-Benjamin SimmonAGREEMENT FOR INSTRUCTION SERVICES
This Agreement is entered into this a 7 day of 4L 2016, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and
Benjamin Simmons, 4401 W. Hummingbird Way, Muncie, IN 47304 (hereafter "Simmons").
WITNESSETH:
WHEREAS, The City and Richmond Fire Department have the need, in addition to services
provided by the Richmond Fire Department, to retain specialized instruction
services and assistance to said Fire Department, in connection with as needed
training and classroom instruction to civilians for Emergency Medical Technician
("EMT"), Cardiopulmonary Resuscitation ("CPR"), Pediatric Advanced Life
Support ("PALS"), and Advanced Cardiac Life Support ("ACLS") training; and
WHEREAS, The parties believe that Simmons can provide the necessary services to the
Richmond Fire Department as requested and authorized by its Chief, and
WHEREAS, The City, through its Board of Public Works, desires to enter into a contract for
the purchase of instruction services from Simmons as set forth below.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, including
the above stated recitals, the parties agree as follows:
A. TERM OF AGREEMENT
This Agreement shall be for a period beginning January 1, 2017, and ending
December 31, 2017. Notwithstanding such term, either party may terminate, for
any reason, this Agreement prior to such time, with fourteen (14) days prior
written notice.
The City shall retain two (2) options to renew, upon the same terms and
conditions, for the 2018 and 2019 calendar years.
Notwithstanding the term of this Agreement, City may terminate this Agreement
in whole or in part, for cause, at any time by giving at least five (5) working days
written notice specifying the effective date and the reasons for termination which
shall include but not be limited to the following:
a. failure, for any reason of Simmons to fulfill in a timely manner his obligations
under this Agreement;
Contract No. 164-2016
b. submission of a report, other work product, or advice, whether oral or written,
by Simmons to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for
all work performed prior to the date this Agreement is terminated, but shall be
relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or Simmons, in whole
or in part, by mutual Agreement setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated.
B. COMPENSATION
In consideration for the services to be provided herein, Simmons shall be
paid the sum of Twenty-five Dollars and Zero Cents ($25.00) per hour of
actual teaching class time. In the event this Agreement is terminated by
either party prior to December 31, 2017, as provided herein, this sum shall
be pro -rated to the date of termination. All invoices for services hereunder
shall be submitted by Simmons in the name of Simmons, and reported for
state and federal tax reporting purposes under the federal tax identification
number of Simmons.
C. DUTIES OF ENGAGEMENT
Simmons shall serve as an instructor for the Richmond Fire Department
for the City. In such capacity, Simmons shall report to Fire Chief Jerry
Purcell.
The duties of Simmons shall include, but not be limited to, providing as -
needed specialized instruction services for courses in connection with
training and classroom instruction to civilians for EMT, CPR, PALS, and
ACLS training for the Richmond Fire Department.
2. The above -described specialized instruction and training courses provided
to civilians shall be credited through Ivy Tech Community College and
Simmons shall maintain all certifications and/or license requirements
necessary to provide adequate instruction for the civilians participating in
said courses.
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D OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES
City shall provide Simmons the following support services and facilities to better
enable Simmons to provide the services contemplated by this Agreement:
a) Classroom instruction space for use at the Richmond Fire Department;
b) Computer, e-mail access, word processing software (Microsoft Word 95 or a
more recent version), telephone, facsimile service and the usual and
customary office equipment and supplies of comparable quality as those
other offices housed in said City Building as requested;
c) Use and support of a secretary for the Richmond Fire Department.
d) Use of a City vehicle when specifically authorized.
E. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Simmons or any person acting on behalf of
Simmons shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with respect
to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
F. INDEMNIFICATION AND INSURANCE
Simmons agrees to obtain insurance and to indemnify the City for any damage or
injury to person or property or any other claims which may arise from Simmons's
conduct or performance of this Agreement, either intentionally or negligently;
provided, however, that nothing contained in this Agreement shall be construed as
rendering Simmons liable for acts of the City, its officers, agents, or employees.
Simmons shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which
may arise out of or result from Simmons's operations under this Agreement,
whether such operations by Simmons or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts
Simmons may be held responsible.
Coverage
Limits
1. Worker's Compensation & Statutory
Disability Requirements
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G
H.
Employer's Liability
Comprehensive General Liability
Section (a). Bodily Injury
Section (b). Property Damage
4. Comprehensive Auto Liability
Section (a). Bodily Injury
Section (b). Property Damage
Comprehensive Umbrella Liability
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000 each aggregate
COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Simmons is required to enroll in and verify
the work eligibility status of all newly hired employees of the contractor through
the Indiana E-Verify program (if applicable). Simmons is not required to verify
the work eligibility status of all newly hired employees of the contractor through
the Indiana E-Verify program if the Indiana E-Verify program no longer exists.
Prior to the performance of this Agreement, Simmons shall provide to the City his
signed Affidavit affirming that Simmons is not an unauthorized alien and/or does
not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11
(a) (2). In the event Simmons violates IC 22-5-1.7 Simmons shall be required to
remedy the violation not later than thirty (30) days after the City notifies
Simmons of the violation. If Simmons fails to remedy the violation within the
thirty (30) day period provided above, the City shall consider the Simmons to be
in breach of this Agreement and this Agreement will be terminated. If the City
determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect
until the City procures a new contractor. If this Agreement is terminated under
this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable
to the City for actual damages.
IRAN INVESTMENT
Pursuant to Indiana Code (IC) 5-22-16.5, Simmons certifies that he is not engaged
in investment activities in Iran. In the event City determines during the course of
this Agreement that this certification is no longer valid, City shall notify Simmons
in writing of said determination and shall give contractor ninety (90) days within
which to respond to the written notice. In the event Simmons fails to demonstrate
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to the City that Simmons has ceased investment activities in Iran within ninety
(90) days after the written notice is given to Simmons, the City may proceed with
any remedies it may have pursuant to IC 5-22-16.5. In the event the City
determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Simmons in the manner set forth in
IC 5-22-16.5, the City reserves the right to consider Simmons to be in breach of
this Agreement and terminate the agreement upon the expiration of the ninety (90)
day period set forth above.
In Witness Whereof, the parties execute this agreement as of the date first set forth above.
"CITY"
City of Richmond, Indiana, through
its Board of Public Works & Safety
Vicki Robinson, President
� re
"Richard Foore, Wmber r
Approved by the Mayor this--6.�--=� day
"SIMMONS"
4401 W. Hummingbird Way
Muncie, IN 47304
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By
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Benjamin Simmons
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