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Home My WebLink About4712 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4712 HANDLERS RACING ASSOCIATION Services - Basic Life Support - Bremerton Raceway Fire LEG 12-1 04/24/2008 10/31/2008 02/15/2010 01/01/2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND HANDLERS RACING ASSOCIATION This Agreement is entered into among CITY of BREMERTON, a municipal corporation, hereinafter referred to as "CITY", and HANDLERS RACING ASSOCIATION, a Washington Nonprofit Corporation, and the principals in HANDLERS RACING ASSOCIATION, namely, GORDON HOWELL and BARBARA HOWELL, husband and wife, and HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as "ASSOCIATION', and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in March 2008, and concluding in October 2008. The scheduled race dates are set forth as follows: April 18 May 9 June 13 July 4 August 8 August 22 September 19 April 19 May 10 June 14 July 5 August 9 August 23 September 20 April 20 May 11 June 15 July 6 August 10 August 24 September 21 These said dates will hereinafter be referred to simply as "race dates". The CITY, has agreed to provide the services hereinafter set forth on the race dates. Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 2008 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 1 of7 .' , 1. Services orovided. The CITY, will provide a fully equipped fire truck together with one firefighter and one Firefighter/EMT, at a minimum, on each race date indicated herein. CITY personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The fire truck and firefighters will be prepared to provide immediate fire protection. It is expressly understood the fire protection will be provided in a safe manner according to CITY standard operating procedures. CITY personnel will also have the ability to request additional personnel and resources as required. In no event will the CITY be responsible for costs to replace BLS services. Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY on any race date, which conditions require the services of the equipment and personnel covered by this Agreement, then and in any such event, the services and equipment to be provided by the CITY on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY personnel and equipment, a representative of the CITY shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674-2280. 2. Service times. On Friday race dates, the services to be provided by the CITY shall commence at 4 p.m. and shall end at approximately 9:00 p.m. The July 4 race 2008 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 2 of7 event shall begin at I I a.m. On the race dates falling on Saturdays, the services to be provided by the CITY shall commence at 9:00 a.m. and shall cease at approximately 6:00 p.m. On Sunday race dates, the services to be provided by the CITY shall commence at 9:00 a.m. and end at approximately 7:00 p.m. 3. Comoensation. For each race date event on which the CITY provides the service identified herein, the ASSOCIATION shall compensate the CITY at $100.00 per hour. Compensation checks will be made payable to "City of Bremerton" , and tendered to the CITY at 911 Park Ave. Bremerton, W A 98337, within 10 days of receiving an invoice from the CITY office. PROVIDED, HOWEVER, if the CITY representatives appear at a race event to provide the services called for herein, and if the races are canceled for any reason, or rained out, compensation shall be paid to the CITY at $100.00 per hour, with a minimum of 2 hours. 4. Orientation by ASSOCIATION. From time to time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY, to allow CITY personnel who are new to the facility to familiarize themselves with the different types of racecars and their characteristics, and the services they may be called upon to provide. CITY personnel may inspect and orient themselves to all types of racecars participating in the ASSOCIATION events. 5. Location of CITY oersonnel and eouioment on race dates. 2008 BASIC UFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 3 of7 On each race date, the ASSOCIATION shall provide a safe area for the CITY's equipment to be located and its personnel to observe the race events. The ASSOCIATION shall also provide to the CITY's personnel and its equipment an immediate response route to access racing equipment and spectators. 6. ASSOCIA nON reDresentative. An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY services are provided, to meet with CITY personnel to answer any questions and address any concerns the CITY personnel may have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY personnel to the satisfaction of the CITY personnel. 7. Insurance covera2e. Prior to the commencement of the CITY's services hereunder, the ASSOCIATION shall deliver to the CITY, for review by the CITY's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events which policy shall provide acceptable coverage for CITY, together with a policy endorsement naming the City ofBremerton an additional insured. Prior to commencement of the CITY's services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY's insurance representative, to its satisfaction. The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing to the CITY thirty days advance written notice. 8. Hold harmless. The ASSOCIATON shall defend, indemnify and hold the CITY, its officers, officials, employees, agents and volunteers harmless from any and all claims, 2008 BASIC UFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 4 of7 injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages judicially determined to have been caused by the CITY's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Termination. This Agreement, and the services to be provided by the CITY herein, shall terminate at the conclusion of the last race date event on October 5, 2008. Provided, however, and notwithstanding anything to the contrary herein, either party may terminate this Agreement with 10 days written notice to the other party. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at P.O. Box 396, Bremerton, W A 98337~ and to Bremerton Fire Department at 911 Park Ave. Bremerton, W A 98337. 10. CooDeration of the Darties. The parties hereto shall strive to cooperate with one another at all times so that the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 11. Comolete A2reement. This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written Agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 12. Leila! action. In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, each party is responsible for 2008 BASIC UFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page S of7 their own attorney fees. The venue for any such action shall lie in Kitsap County, Washington. 13. Authority to shm. The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to tenns hereof The CITY approved the tenns of this Agreement at its CITY commissioners meeting held on the &tti.Jlay of VrJ. ~ L --I, 2008. 14. Modifications. This agreement may only be modified by written instrument signed by both parties. CITY: Date of signing: ~~jj ~ 4 . 2008 , Attest: ~~) City C rk 2008 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 6 of7 HANDLERS RACING ASSOCIATION: by: ~ :;;:: ~ GoRDON E. HOWELL President PRINCIPALS IN ASSOCIATION: by: ~L~ GORDONE.~HOWELL Address: 2219 SW Pine Road Port Orchard, W A 98367 ~one,no. (3~::-4462 bY~l.hLD.J ~--eJ1 BARBARA F. HOWELL Address: 2219 SW Pine Road Port Orchard, W A 98367 Phone no.: (360) 340-4463 2008 BASIC UFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 7 of7 Date of signing: January 20, 2008 bY~tw ~~ BARBARAF. HOWELL SecretarylTreasurer Date of signing: -2 ~ Zv-v crf/ Date of signing: 1- ~ 0- 0 'b