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HomeMy Public PortalAbout038-2015 - Fire - Advanced Rescue Solutions - Confined Space Rescue TrainingPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this Z=Jday of 1-1 2015, and referred to as Contract No. 38-2015, 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 Advanced Rescue Solutions, LLC, 7098 Hickory Hollow Court, Plainfield, Indiana, 46168-8749 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services in connection with the Rope Rescue Course and Confined Space Rescue Course the City of Richmond Fire Department ("Project"). Contractor's proposal, consisting of three (3) pages, dated March, 2015, is attached hereto as Exhibit A, which Exhibit is 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. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. 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; 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. SECTION III. COMPENSATION City shall pay Contractor a sum estimated not to exceed Twenty-two Thousand Dollars ($22,000.00) for the complete and satisfactory performance of all work described on "Exhibit A". SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until completion of the Project. Contract No. 38 -2015 Page 1 of 5 I 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. 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, 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. 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 intentionally 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 insurance as 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence Page 2 of 5 D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $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 F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $1,000,000 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. SECTION VII. COMPLIANCE WITH 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. IRAN 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 ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate 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 Agreement 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. Page 3 of 5 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: 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, 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. Violation of the 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 for negligence 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. Page 4 of 5 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 must 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 alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts 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. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: ,Gf D Vicki Robinson, President Lo Richard Foore, Member APPROVED: Sarah L. Hutton, Mayor Date: "CONTRACTOR" ADVANCED RESCUE SOLUTIONS, LLC 7098 Hickory Hollow Court Plainfield, IN 46168-8749 By �.. ,� Todd Taylor, Owner Date: Page 5 of 5 EXHIBIT PAGE City of Richmond Fire Department Rope Rescue Operations & Technician Training Course Confined Space Rescue Operations & Technician Training Services Agmenagnt This agreement is rnade this day of March, 2015, between A&vanc ed Rescue Solutions, LLC (hereafter "Contractor") and the City of Ridunond Fiize Department (hereafter " C'-itY'l Work. The Contractor and City agree that the Contractor will provide the services: described in the Quote for Rope Rescue Coarse and Confined Space Rescue Course, which is attached as Exhibit A and is hereby incorporated as part of this Agreement The Contractor shall also provide classroom and practical evaluations for the all training courses. The Course will be held in accordance with NFPA 1670/1006 and the State of Indiana Board of Firefighter Standard.~. 2. Timeline. The Contractor and City agree that the work outlined in Paragraph One (1) and in Exhibit A shall commence the morning of the agreed upon dates. 3. Payment. The City agrees to pay the Contractor the surn of $22,000 upon completion of the work described in Paragraph One (1) of this agreement and in Exhibit A. 4_ Changes. Any changes made to plans, materials used, time needed, or any other portion of the work described in Paragraph One (1) of this agreement or in Exhibit A must be discussed with the City prior to implementation. S. Insurance. The Contractor agrees to maintain insurance for itself, its employecs, and its subcontractors. Said insurance shall be in following categories and amounts: General liability: $1,000,000 per occurrence; $2,000,000 in the aggtegatc The Contractor agrees to provide the City with certificate of insurance evidencing the above -described coverage prior to performing the work or services countenanced by this Agreement. EEXHIB:r:r:PAGE OF 3 G. Indeflnnification. Each party to this Agreement agrees to indemnify and hold harmless the other part- for bodily injury, property damage, or other harm caused to third parties that results solely from the parry's own negligent acts or omissions, including acts or omissions of the parry's cmployces, officers, agents, and assigns. 7_ Severability. The invalidity or unenforceability of one: or more provisions of this Agreemenr shall not affect the validity or enforceability of any other provision of this Agreement. 8. Jurisdiction and Venue. The Contractor and City acknowledge that this Agreement is subject to the laves and regulations of the State of Indiana. Any dispute related to the torn or conditions of this :Agreement shall be initiated and resolved in the Monroe County Circuit Court, Indiana. IN WITNESS W-1 i FREOF, the patties to this Agreement hereby approve and execute the above - cited terms. City of Richmond EXHIBIT PAGE -OF-- City Representative Date Advanced Rescue Solutions, LLC Signature Date r Title �UJ�^�tiv • EXHIBIT PAGE OF ROPE RESCUE OPERATIONS/TECHMCIAN UP TO 25 STUDENTS (40 HOUR) $11 000 Course Description: The Rope Ops / Tech course covers start to finish rope rescue operations. It will satisfy the needs of both the new rescuer and the seasoned rope technician, refining existing KSAs and introducing new ones. Areas of particular focus will be rope physics, mechanical advantage theory and practical application, complex systems and resource management. Students will begin with the basics and work their way up to meeting all the requirements for NFPA and all current industry standards. State certification testing will take place at the conclusion of the course. Prerequisites: The student should be in good physical condition and able to work well in teams. The student must arrive with the proper PPE: Hard hat, safety glasses, gloves and steel toed boots. Dress weather dependent. NOTE: Liability will not allow the use of any personal rope gear in this class. ARS can supply gear that has been tracked, logged and inspected. Agency gear may also be used, provided there is a current log in place. Main Topics Covered: --- Physics of Rope Rescue - Mechanical Advantage - Squad Management - Basic Systems --- Emergency procedures - Litter Tending - Anchor systems - Complex rescue scenarios Course Options: This course can be modified into shorter segments to cover Operations or Technician (Level II or Level III) specifically. Instructors in -this course will allow the students to use any standard rescue systems with an emphasis on safety and diversity. This is not a typical `our way' training course and students will gain a broader understanding, while mastering their skills for their home agency. CONFINED SPACE RESCUE OPS/TECHNICIAN UP TO 25 STUDENTS (40 HOUR) $11 000 Course Description: This is an intensive 5 day course with a mix of classroom and practical skills. This is a state certified class and upon successful completion of the course the student will receive a NFPA certification for Confined Space Operations and Technician. The course starts with a classroom session on day one. It then moves to the field for the next four days. There the student will make multiple entries in both horizontal and vertical spaces. The challenging rescue scenarios are backed up with real world experience. The final day will include a practical and final written test. The Confined Space Rescue Ops/Technician course is designed to provide rescuers with the operational knowledge, skills and abilities to perform rescue in confined spaces Operations course, techniques include; entry procedures to gaining access, packaging and removing victims that are not visible from the entry point. Evolutions including high -angle rope systems and machinery rescue skills for complex rescues. Preplanning confined space rescue operations will also be addressed. This course meets and exceeds NFPA 1670 for technician level confined space rescue.