Loading...
HomeMy WebLinkAbout6730 Docusign Envelope ID:A7ADB18A-B87E-420E-BC04-5ABD63AE5679 FIRE SERVICES AGREEMENT This Agreement is entered into by the City of Bremerton Fire Department"BFD",a chartered municipality of the State of Washington,and Bremerton Airshow LLC,at 15808 20th Avenue CT E, Tacoma,WA 98445-6010 (hereafter"Contractor"),for the services of 1 Chief Fire Officer, 1 staffed Engine,and 1 staffed ALS Medic Unit. 1. Location and Description of Work to be Performed: This Agreement provides Bremerton Fire services to Contractor at premises designated by Contractor. Bremerton Fire agrees to provide routine Emergency services and protection of life and property. 2. Dates and Times of Work: Days and hours of work are to be requested at the discretion of Contractor. Whenever possible, at least one-week advance notice will be given in order to ensure that the Fire Department has adequate notice to sign up for service hours. Nothing in this Agreement shall be interpreted as an obligation of the City to guarantee coverage of such service requests. Date(s) Requested: August 17th and August 18`h, 2024 for 8 hours each day during the event and August 16', 2024 and for 3 hours during practice flights 3. Statement of Service: Bremerton Fire Department will provide 1 Chief Fire Officer, 1 staffed Engine,and 1 staffed ALS Medic Unit. The number of staff needed to fill each separate duty assignment shall be determined by the City. The decision to schedule staff shall be made by the City, in its sole discretion, based on the type of event and relevant safety issues. Nothing herein shall be interpreted to require the provision of staff at any given time or location and the City reserves the right to call away staff assigned to this special duty in the event of an emergency or other public safety situation which requires the resources of the City's fire department personnel. 4. Uniforms: Fire Department staff will be required to wear department uniforms except as pre-approved by the City. 5. Hourly Billing Rate: The Contractor shall pay to the City at a minimum $2,794.48 per 8-hour day for the service levels outlined in section 2 above, for a total cost of$6,636.89 based on the current requested service hours. 6. Billing: Contractor will be billed for scheduled dates and times of work, as requested above, within 35 days in advance of service date(s). Payment must be made no later that 30 days prior to dates of service. If adjustments to dates, hours worked or number of officers,occurs a final invoice or credit memo may be issued by the City to the Contractor. In the event that adjustments are made which result in an amount greater than the current cost for requested service hours($8,624) and a final invoice is issued to the Contractor,Contractor agrees that both Bremerton Airshow LLC(Contractor) as well as Director Douglas Fratoni in his personal capacity shall be liable for these additional costs. Furthermore, Contractor agrees to pay any potential overage within thirty(30) days of receiving the invoice. 7. Duration/Termination: DISTRIBUTION: FINANCE DEPT, BFD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 Docusign Envelope ID:A7ADB18A-B87E-420E-BC04-5ABD63AE5679 This Agreement shall become effective on date of signing and shall remain in effect through August 19th, 2024 and may be extended thereafter by mutual agreement. The contract may be terminated by either Party upon written notice delivered to the other Party. Termination of the Agreement shall not relieve either Party of any obligation incurred prior to the termination date. 8. Enforcement: The prevailing Party in any judicial proceeding to enforce this Agreement shall be entitled to recover its costs, including reasonable attorneys'fees. 9. License and Certifications: Contractor is responsible for any and all licenses, fees, or insurance required or necessary to perform its normal business in the City of Bremerton. 10. Independent Contractors: BFD staff assigned pursuant to this Agreement are neither agents nor employees of the Contractor. The Bremerton Fire Department shall have full control and supervision of its Commanders and staff at all times under the activities as assigned. City will hold final approval of contract and manpower for the peace and safety of BFD staff and citizens of the City. Nothing shall limit the City's authority to exercise law enforcement powers. 11. Indemnity Agreement: It is understood and agreed that the BFD staff are not an agent or employee of Contractor and Contractor will not be liable for any negligence of any BFD commander or staff in the performance of his or her duty in accordance with the terms and conditions of this Agreement. It is agreed that any and all exposure or liability that may arise from and negligence on the part of any BFD service provided in the performance of his or her duties as a result of this Agreement shall not be the responsibility of Contractor. The City agrees to defend and hold Contractor harmless from any exposure or liability that may occur as a result of the City's performance of this Agreement; provided, however,the City, its commanders,officers,agents and employees shall not be liable for any risk, exposure,or loss suffered as a result of the negligent acts or omissions or other tortuous or wrongful act of Contractor, its officers, agents,and employees. 12. Calculation of Service Hours: BFD action taken during contracted time could result in incident reports,ambulatory services,and patient processing. Hours worked to complete contracted work will be billed to Contractor and may be in excess of normal hours expressly requested pursuant to this Agreement. Contractor agrees to pay unrequested costs to the extent necessary to prepare adequate reports, and process patient care regardless of whether hours are beyond requested, contracted service hours. Contractor agrees that both Bremerton Airshow LLC and Director Douglas Fratoni in his personal capacity shall be liable for any costs incurred beyond contracted service hours and further agrees to pay said costs within thirty (30) days of receiving the invoice. 13. Costs to be Billed: Costs incurred under this Agreement shall be billed/mailed/emailed to: include contact phone number 14. Entire Agreement—Amendment: This Agreement constitutes the entire agreement between the Parties and any prior agreement,written or oral, shall be merged with its provisions. The parties further agree that this amendment shall not be modified without the express written consent of each party. DISTRIBUTION: FINANCE DEPT, BFD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 Docusign Envelope ID:A7ADB18A-B87E-420E-BC04-5ABD63AE5679 SIGNATURES ON THE NEXT PAGE Approvals City of Bremerton Fire Department Contractor:_Bremerton Air Show, LLC Pat McGanney, Fire Chief Doug Fratoni , Owner Prir?tc -Wby: Date PrirgAwb7 Title pat 6,1,( � 7/11/2024 064 Fratott,t 7/3/2024 BBD 7=446,+ni... A80e781.7b414E3... Signature Signature DISTRIBUTION: FINANCE DEPT, BFD OPERATIONS, CONTRACTS ADMIN Rev. 01/23