The URL can be used to link to this page

Home My Public Portal About122-2020 - Fire - Ben Simmons - Class Room Instruction for CiviliansAGREEMENT FOR INSTRUCTION SERVICES This Agreement is entered into this YAK' day of , 2020, 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, 2020, and ending December 31, 2020. 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 2021 and 2022 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. 122-2020 J 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement, to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. 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, 2020, 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 1. 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. Page 2 of 5 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. 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. Page 3 of 5 G. 2. 4. Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General Liability Section (a). Bodily Injury Section (b). Property Damage Comprehensive Auto Liability Section (a). Bodily Injury Section (b). Property Damage Limits Statutory $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 5. Comprehensive Umbrella Liability $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. Page 4 of 5 I 111111111::_ ► I►SI_IN I UI_lies 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 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 By 0�k Mk4ok" — Vicki Robinson, President Emil almer, Member Matt Evans, Member Approved by the Mayor this 61 day of 6CT-DT>F-<--- , 2020. I "SIMMONS" 4401 W. Hummingbird Way Muncie, IN 47304 Page 5 of 5 IFO� i BenjaminSimmons