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HomeMy WebLinkAbout5392Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5392 SOUTH KITSAP FIRE & RESCUE/HANDLERS RACING ASSOCIATION Basic Life Support Services Agreement Fire LEG 12-1 4/16/2014 10/5/2014 11/1/2014 2015 Comments : . BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT, SOUTH KITSAP FIRE AND RESCUE AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Nlunicipal Corporation, hereinafter referred to as the "DISTRICT", the City of Bremerton Fire Department, a Washington State 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. 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 and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2014, and concluding in October 2014. The scheduled race dates are set forth as follows: A ril 11 Ma 2 June 1 Jul 4 Au ust 15 Se tember 5 October 3 A ril 12 Ma 3 June 13 Jul 5 Au ust 16 Se tember 6 October 4 A ril 13 Ma 4 June 14 Jul 6 Au ust 17 Se tember 7 October 5 A ril 18 Ma 9 June 15 Jul 11 Au ust 22 Se tember 19 A ril 19 Ma 10 June 27 Jul 12 Au ust 23 Se tember 20 A ril 20 Ma 11 June 28 Jul 13 Au ust 24 Se tember 21 Ma 30 June 29 Jul 18 Se tember 26 Ma 31 Jul 19 Se tember 27 Jul 20 Se tember 28 2014 BASIC LIFE SUPPORTSERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 1 of 10 These said dates will hereinafter be referred to simply as "race dates". The CITY and the DISTRICT, through its career firefighters have 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: 1. Services provided. The CITY and the DISTRICT, through its career firefighters, 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 and DISTRICT personnel at each race date event shal! 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 CITY and DISTRICT will coordinate staffing for the event. The fire truck and firefighters will be prepared to provide immediate fire protection. The response goal of the CITY's and DISTRICT's resources is estimated to be approximately 60 seconds from notification of incident. It is expressly understood the fire protection will be provided in a safe manner according to CITY and DISTRICT standard operating procedures. CITY and DISTRICT 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 and/or DIS�fRICT on any race date, which conditions require the services of the equipment and personnel covered by this 2014 BASIC LIFE SUPPORTSERVICES AGREEMENT BCTWEEN SOUTH KITSAP FIRE & RCSCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 2 of 10 agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY and/or DISTRICT personnel and equipment, a representative of the CITY and DISTRICT 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 provided by the CITY and DISTRICT shall commence at 4:00 PM and shall end at approximately 9:00 PM. The June 27 race events shall begin at 11:00 AM. On the race dates falling on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and shall cease at approximately 6:00 PM. On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and end at approximately 7:00 PM. 3. Compensation. For each race date event on which the CITY and DISTRICT provides the service identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the staff actual overtime cost plus $250 per weekend for equipment usage and fuel. Compensation checks will be made payable to "South Kitsap Fire & Rescue," and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an invoice from the DISTRICT office. The CITY shall provide the DISTRICT their actual overtime costs within 5 days of the event for reimbursement in which the CITY shall receive from the DISTRICT. 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 3 of 10 PROVIDED, HOWEVER, if the CITY and/or the DISTRICT 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 DISTRICT at a minimum of 2 hours. 3. Orientation by ASSOCIATION. From time-to-time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT 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 22 from 10:00 AM to 3:00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot. CITY and DISTRICT personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 4. Location of CITY and DISTRICT personnel and equipment on race dates. On each race date, the ASSOCIATION shall provide a safe area for the CITY's and DISTRICT's equipment to be located and its personnel to observe rate events. The ASSOCIATION shall also provide to the CITY's and DISTRICT's personnel and its equipment an immediate response route to access racing equipment and spectators. 5. ASSOCIATION representative. An ASSOCIA�fION representative shall be designated and available throughout each race day event on which CITY and 2014 BASIC LIFE SUPPORT SERVICES AGREEMEN? , BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 4 of 10 DISTRICT services are provided, to meet with CITY and DISTRICT personnel and answer any questions they may have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel. 6. Insurance coveraqe. Prior to the commencement of the CITY'S and DISTRICT's services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY's and DISTRICT's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events, which policy shall provide acceptable coverage for CITY and DISTRICT property damaged at any race day event, liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel, liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel, and coverage for any injuries occurring to CITY and DISTRICT personnel. Prior to commencement of the CITY's and DISTRICT's services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY's and DISTRICT's insurance representative, to their mutual 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 and DISTRICT thirty (30) days advance written notice. 7. Hold harrnless. In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify hold the CITY 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CIN OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 5 of 10 and DISTRICT, its personnel, and CITY and DISTRICT representatives harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and DISTRICT, its personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, its personnel and equipment at such events. It is further specifically and expressly understood that the indemnification provided herein constitutes the ASSOCIATION'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. 8. Termination. This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the last race date event on October 5, 2014. Provided, however, and notwithstanding anything to the contrary herein, any party may terminate this Agreement and the services and obligations contained herein by providing the other party's with advance notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at 2219 ���/ 'r�il i� °vau, r G i vi C u, v'��r�i `�8,'�E i, atiu iG iri@ �itj/ Oi B� eme�tcn �zpa u i �2i �i at 201�4 B.�SIG LIFE SUPPORT SERVICES AGREEMENT BETV1/EEN SOUTH KITSAP FIRE & RESCUECITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 6 of a.0 911 Park Avenue, Bremertan, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 9. Cooperation of the �arties. The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 10. Complete Agreement. 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. 11. Legal action. In the event legaf action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, the prevailing party in any 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. 12. Authority to siqn. 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 thereof. 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITYOF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 7 of 10 HANDLERS RACING ASSOCIATION: by:_�,. �� _ GORDON E. HOWELL President PRINCIPALS IN ASSOCIATIOIV by: ►, Ph - GORDON E. HOWELL mdress: 2219 SW Pine Road Port Orchard, WA 98367 one No: (360) 340-4462 2014 BASIC LIFE SUPPOR75ERVlCES AGREEMENT BETIVEEN SOUTH KITSAP FIRE & RESCUE CIiY OF BREMERTOPd FIRE DEPARTMENT AND HANDLEP,S RACIfvG ASSOCIATION Page 8 oF 10 Date of signing: 3•- � 1 , 2014 � � � by: �- (; , � �.,,. ;�: �-=� .'� -t ��.-�,t ,�� BARBARA F. HOWELL Secretary/Treasurer Date of signing: 3- i� , 2014 � . (� ) by: ��2�r.•. . � lt�ti. 3� ~�9-�-�:��: t�t BARBARA F. HOWELL Address: 2219 SW Pine Road Port Orchard, WA 98367 Phone No: (360) 340-4463 CITY OF BREIVIERTON: . I' %� _ � � . -� . Approved as to form: _` _ . � OGER LUBOVICH City Attorney 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON fIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 9 of 10 Date of signing: � r'� I� , 2014 Attest: SHANNON CORIN City Clerk So�uth B(�tsap FiPe � Rescue Date of signing: � ��— � � , 2014 by: ����'.� ���-- GERALD PREUSS, Board Vice Chair By: PAUL GOLNIK, Commissioner _ �_, By: .. STEVE WRIG&iT, Fire Chie 2014 BASIC I.IFE SUPPQR7 SERVICES AGREFMEfdT BETWEEN SOUTH KI75AP FIRE & RESCUE CIlY OF BREMER70M FIRE DEPARTMEIUT AND MANDLERS RACING ASSOCIATION Page 30 of 10 , by: �._ _ _-�. DAVE GELSLEICHTER, Commissioner by: KEN GWELL, istrict Secretary `��� By: MICHE ESLAVA, Commissioner