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4907
HANDLERS RACING ASSOCIATION
Basic Life Support
Fire
LEG 12-1
04/23/2010
09/26/2010
10/O1/2010
Comments :
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 I�OWELL 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 April 2010, and concluding in October 2010. The scheduled race dates are set forth as
follows:
These said dates will hereinafter be referred to simply as "race dates". The CITY,
through its career firefighters, 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:
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
AND HANDLERS RAC[NG ASSOCIATION
Page 1 of 7
l. Services nrovided. The CITY, through its career fire fighters, 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. The response goal of the CITY's resources is
60 seconds from notification of incident. 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.
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 June 18 race
event shall begin at 11 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
2010 BAS1C LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DISTRICT
AND HANDLERS RACING ASSOCIATION
Page 2 of 7
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. Compensation. 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, WA 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 bv ASSOCIA'I'ION. 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 race cars and their
characteristics, and the services they may be called upon to provide. On March 13 and
March 27 from 10 a.m. to 3 p.m., the ASSOCIATION will conduct extended technical
inspections at Grey Chevrolet parking lot. CITY personnel may inspect and orient
themselves to all types of race cars participating in the ASSOCIATION events.
5. Location of DISTRICT nersonnel and eauipment on race dates.
On each race date, the ASSOCIATION shall provide a safe area for the DISTRICT's
equipment to be located and its personnel to observe the race events. The
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
AND HANDLERS RACING ASSOCIATION
Page 3 of 7
ASSOCIATION shall also provide to the CITY's personnel and its equipment an
immediate response route to access racing equipment and spectators.
6. ASSOCIATION renresentative. 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 covera�e. 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 property damaged at
any race day event, liability coverage for the benefit of CITY personnel regarding any
and all property damaged by CITY personnel, liability coverage regarding any injury to
persons caused by CITY personnel, and coverage for any injuries occurring to CITY
personnel. 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. In addition to the insurance coverage provided in section 7.
hereof, the ASSOCIATION shall fully and completely hold the CITY, its personnel,
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
AND HANDLERS RACING ASSOCIATION
Page 4 of 7
and CITY representatives harmless from any and all liability, or every kind and nature
whatsoever, to which the CITY, its personnel, or representatives are subjected, or are
threatened to be subjected to, because of the services provided herein and the attendance
of the CITY and its personnel and equipment at such events.
9. Termination. This Agreement, and the services to be provided by the CITY
herein, except as provided below, shall terminate at the conclusion of the last race date
event on October 3, 2010. Provided, however, and notwithstanding anything to the
contrary herein, either party may terminate this Agreement and the services and
obligations contained herein by providing the other party with written advance notice of
its intent to terminate this Agreement at least ten (10) days prior to the termination date.
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 344, Burley, WA
98322; and to City of Bremerton at 911 Park Ave., Bremerton, WA 98337.
10. Cooperation of the qarties. 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. Complete A�reement. 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. Le�al action. In the event legal action becomes necessary to enforce the terms of
this Agreement, or regarding the terms of this Agreement, the prevailing party in any
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMEN T
AND HANDLERS RACING ASSOCIATION
Page 5 of 7
such action shall be entitled to receive from the losing party its reasonable attorney fees
and costs involved in the action. The venue for any such action shall lie in Kitsap
County, Washington.
13. Authoritv to sign. 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 terms hereof. The CITY approved the terms of this
;
s
Agreement at its CITY commissioners meeting held on the�� day of , 2010.
l�iTt7_
Date of signing: March , 2010
Attest:
. ��
City C rk
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BRGMERTON FIRE DEPARTMENT
AND HANDLERS RACING ASSOCIATION
Page 6 of 7
HANDLERS RACING ASSOCIATION:
by: / 1i'
GORDON E. HOWELL
President
� ��'_ �� , , �
����, _� /
:��:•�� • -
Secretary/Treasurer
Date of signing: March 1, 2010
PRINCIPALS IN ASSOCIATION:
by: ��c��'� �i���-�-��� Date of signing: March l, 2010
GORDON E. HOWELL
Address: 2219 SW Pine Road
Port Orchard, WA 98367
Phone no.: (360) 340-4462
1
by: � �.,�w �.��
BARBARA F. HOWELL
Address: 2219 SW Pine Road
Port Orchard, WA 98367
Phone no.: (360) 340-4463
Date of signing: March 1, 2010
2010 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
AND HANDLERS RACING ASSOCIATION
Page 7 of 7