HomeMy Public PortalAbout072-2023 - Fire Dex - Inspection and Repairs of Turnout Gear AGREEMENT
THIS AGREEMENT made and entered into this12.36:day of / , 2023, and referred to
as Contract No. 72-2023, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and Fire Dex GW EEC d/b/a Gear Wash, 620 Shiloh Springs Drive, Dayton, Ohio, 45214 5
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the cleaning, inspection, limited
repair, and maintenance of one hundred seventy (170) sets of turnout gear for the Richmond Fire
Department.
Requests for Quotes were made on February 21, 2023, and have been made available for inspection
and are on file in the office of the Fire Department for the City of Richmond, and are hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
same.
The response of Contractor upon said solicitation is attached hereto as Exhibit A, which Exhibit was
received February 22, 2023, consists of two (2) pages, and is also hereby incorporated by reference
and made a part of this Agreement. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
Contract No. 72-2023
Page 1 o r 6
SECTION III, COMPENSATION
City shall pay Contractor to clean, inspect, maintain, and perform limited repairs to one hundred
seventy (170) units of turnout gear, payable in accordance with the rates established on Exhibit "A"
attached hereto and incorporated herein by reference, provided that the amount paid to Contractor
shall be a total amou estimated not to exceed Thirty-five Thousand Five Hundred Forty-seven
Dollars and Zero Cents ($35,547.00), for complete and satisfactory performance of this Agreement
during the 2023 calendar year.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all Parties and shall continue in effect until
December 31, 2023, with the City retaining two (2) options to renew this Agreement with the same
terms and conditions fcr the 2024 and 2025 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 the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailabilty 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, in whole or in part, by mutual Agreement of the parties by
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 :vent 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
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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.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor 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 the Contractor's conduct or performance of this
Agreement, either intaitionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insuranceas will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section I. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $ ,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $ ,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
Page 3 of 6
SECTION VII. COMPLIANCE WITEI INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor 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.
Contractor 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, Contractor shall provide to the City its signed Affidavit
affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1,7 the Contractor shall be required to
remedy the violation not later than thirty (30) days after the City notifies the Contractor of the
violation. If Contractor fails to remedy the violation within the thirty (30) day period provided
above, the City shall consider the Contractor 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.
SECTION VIII. MAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor 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 Contractor in writing of said determination and
shall give contractor inety (90) days within which to respond to the written notice. In the event
Contractor fails to de ,onstrate to the City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, 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 Agreerent that this certification is no longer valid and said determination is not
refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider
the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of
the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on
behalf of Contractor or any sub-contractor 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.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf'of Contractor or any sub-contractor, shall not discriminate by reason of race,
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religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or
any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex., national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under
this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of
the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due or
to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
C. of id
Violation f e terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding
upon the parties, their successors and assigns. This document constitutes the entire Agreement
between the parties, although it may be altered or amended in whole or in part at any time by filing
with the Agreement a written instrument setting forth such changes signed by both parties. By
executing this Agreement the parties agree that this document supersedes any previous discussion,
negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising
out of this Contract be filed in said courts. The parties specifically agree that no arbitration or
mediation shall be required prior to the commencement of legal proceedings in said Courts. By
executing this Agreement, Contractor is estopped from bringing suit or any other action in any
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alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the
Circuit or Superior Coins of Wayne County, Indiana, regardless of any right Contractor may have to
bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"ClI7Y" "CONTRACTOR"
THE CITY OF RICHMOND, FIRE DEX GW LLC D/B/A GEAR WASH
INDIANA by and through its 620 Shiloh Springs Drive
Board of Public Works and Safety Dayton, OH 45415
? By:
Vicki Robinson, President
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Printed: , tl"..'br\D
'mily calmer, Member
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F3y: T k itle: 0 "
Matt Evans, Member
Date: Date;79R, rf
:
APPROVE577'
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Sn , Ma
Date: 40g 4( 7 3
Page 6 oi 6
GEAR WASH ESTIMATE
Customer Name:June Marshall Service Location; Dayton, OH
Title:Business Manager 620 Shiloh Springs Rd,
Customer Company: Richmond Fire/EMS Dayton, OH 45415
Address: 101 S 5th Street
Richmond, IN 47374
Issue Date:02/22/2023
Phone:(765) 983-7266
Expiration Date: 25/22/2623
Emajmarshall@richmondindiona.gov Gear Wash Representative: Nick Magotoaux
Advanced Cleaning - Coat & Pants 170 $ 38.70 $ 6,579.00
Advanced Inspection - Coat & Pants 170 $ 68.40 $ 11,628.00
Estimated Average Repair Costs - Per Garment* 340 $ 51.00 $ 17,340.00
Gear Wash App for NFPA 1851 Recordkeeping $ 0.00
W.L Gore & Stedfast Moisture Barrier Warranty Coverage $ 0.00
Free Route Pick Up & Delivery - 3 Week Turnaround Time $ 0.00
*Cost based upon Lawrence, IN average repairs $ 0.00
SUBTOTAL $ 35,547.00
TERMS &CONDITIONS
This is an ESTIMATE
Final billing may vary frorn the estimated amount listed above. lithe itern(s)shirtped to Gear Wash requires cleaning,have installed
options,are of non-standard construction,or require additional work due to poor con (for or complexity,then additional charges will
apply.
All pricing is subject to change without notice,including shipping.The pricing listed excludes any applicable federal,state,or karat
taxes.If this estimate is related to a shipment you are sending,please prin litis document and include if with the box.
IMPORTANT NOTICE: Gear Wash PPE Cleaning &Repair Policy
The following policy has been established for the safety of our employees:
• Gear Wash assumes that all gear shipped to Gear Wash HAS NOT been cleaned unless the customer provides dociJmentation on
Gear Wash service forms or the customer's own forms indicating that the item (s) have been properly cleaned.
• Customer cleaned items SHALL NOT be worn between washing and shippirtg to(Soar Wash.
• items that have been wont after being washed,in oUr sole determination,will Ir)e cleclited by Gecir Wash and billed for an
Advanced cleaning,
• If gear has a smoke or unpleasant odor,it will be subrnitted for cleaning.
• If unprotected aIrty Horns are dropped off or shipped in the same box as clean items,then Al L.items in the bundle or box will be
cleaned.
• Gear Wash reserves the right tc perform a Soil Transfer Test (SU)*an any items cleaned by the customer to determine if the item
meets Gear Wash's cleaning and safety standards before being handled by or repair specialists,
GEAR WASH lIf"rft PAGE OF
866-WASH-PPE I gearwash,com
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GEARWASH ESTIMATE,
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• Items that fail the transfer test will be cleaned and billed for an Advanced cleaning.
• Gear Wash will not perform Advanced Inspection services or prepare estimates on items that are not clean.
• Gear Wash employees are authorized to re-submit customer cleaned items to our Wash Bay to be processed if it is determined that
the item(s) is not safe for handling.
• Customers must properly label contaminated gear and advise far proper PPE upon handling when necessary.Customers must also
include a SDS if available.
• Per NFPA 1851,Gear that is more than 10 years old will be marked out of service regardless of service(s) requested/performed.
EXHIBIT A
SERVICE EXCLUSIONS:The following services are excluded in the pricing for this Agreement:
• Items Special Situation Decontamination
• Advanced Cleaning of other turnout ensemble items,accessories and optional Items not listed in the pricing.
• Class 1, 2&3 Harness,belt and other optional ensemble items cleaning,inspection,and repair.Damaged to fabrics from optional
items,e.g.,harness, belt,and tools.
• Alterations and customization OEM Replacement parts,components,and options.
• Repair of Non-Standard Multi Compartment Bellow Pockets Replacement of manufacturer specific components and parts.
• Biological& heavy contaminate decontamination cleaning.CBRN or other damage beyond the design limits of the garment.
• Catastrophic damage due to an event that makes the garment unsafe. Damage due to use other than firefighting related work.
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AGREEMENT „,/,,,, ,, ee
Signature:
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Print:
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Date:
If payment by Purchase Order, the Customer shall pay per the agreed to payment terms.
The Customer's signed consent hereby authorizes the Company,if payment by credit card,to debit the credit card account listed
above for any and all services listed above,late fees,shipping fees,or payments due under this Agreement.
Customer's signature also affirms tsar Customer agrees to all the terms of this Agreement and will abide by those terms,
'Soil Transfer Test Dora Is;
To determine if the element is soiled,while wearing protective gloves,give the element in question a close visual and tactile examination.Fallowing the exr:srtnination,if there are
any doubts whether it Is clean or soiled,perform the Soil Transfer Test,
• Select a small(at least lie."x 2")piece of CLEAN,very I ghti.crtalored(preferably white)paper,from photocopier,tablet paper,or a Post-it Note.This is your test paper.
• With a gloved hand,using a medium amount of pressure,rub the test paper acitenst any suspect area for soilitng.
• If the rubbed side of the test paper remains clean,continue with Advanced Inspection.If soil appears,submit arm5L,Li r lil for Advanced Cleaang.
j'EXH 8 1 T Pi PA G E 2 0 F 2, 1
GEAR *WASH ,..,.....,____ 866-WASH-PPE I gearwash.corn