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HomeMy WebLinkAboutR-1998-099 Confined Space Rescue TrainingRESOLUTION NO. R -9S- 13 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a professional services agreement with Spec. Rescue International for confined space rescue training services. WHEREAS, the City of Yakima Fire Department needs professional services to provide specialized training in the area of confined space rescue; and WHEREAS, SRI has experience and expertise in confined space rescue training, and agrees to provide these training services to the City of Yakima Fire Department under the terms and conditions set forth in this Agreement; WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Agreement with Spec. Rescue International for confined space rescue training services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Agreement with Spec. Rescue International for confined space rescue training services. Ti ADOPTED BY THE CITY COUNCIL this } / day of 1998. ATTEST: p J JohnPuccinelli, Mayor City Clerk (1k)res/spec rescue/training/pm PROFESSIONAL SERVICES AGREEMENT THIS CONFINED SPACE RESCUE TRAINING SERVICES AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City", and Spec. Rescue International, a Virginia company, hereinafter the "SRP'. WHEREAS, the City of Yakima Fire Department needs professional services to provide specialized training in the area of confined space rescue. WHEREAS, SRI has experience and expertise in confined space rescue training, and agrees to perform these training services for the City under the terms and conditions set forth m this Agreement. NOW, THEREFORE, m consideration of the mutual covenants, conditions, prorruses, and agreements set forth herein, it is agreed by and between the City and the SRI as follows: 1. Scope of Training Services/Materials. SRI shall conduct a three (3) day "Confined Space Rescue Class, NFPA 1670 Operations Level" for twenty-four members of the City of Yakima Fire Department. SRI shall provide three (3) instructors for the class and a set of "Master Handout" materials for each student. SRI shall also issue a certificate of completion to each student successfully completing the class. The class will be held on the dates of September 25-27,1998. The City shall provide SRI with a suitable classroom with the following features: 35 mm slide projector with remote; power point system; overhead projector; 1/2" video player and monitor; chalkboard; wetboard; and writing table. 2. Consideration. The City agrees to provide SRI a total of Five Thousand Five Hundred and Seventy Five Dollars ($5,575 00) as full compensation for all training services performed under and pursuant to this Agreement. This compensation is based upon SRI providing a three (3) confined space rescue class to twenty-four (24) members of the City of Yakima Fire Department. SRI shall submit satisfactory documentation/invoice evidencing said services to the Fire Chief following completion of the class. The City shall make payment to SRI within thirty (30) calendar days upon receipt of the documentation/invoice. All payments are expressly conditioned upon SRI providing training services hereunder that are satisfactory to the City. 3. Term of Agreement. The term of this Agreement shall commence upon full execution by all parties and shall terminate at 12:00 midnight, October 1, 1998, unless sooner terminated by either party m accordance with Section 15 of this Agreement. 4. Status of SRI. SRI and the City understand and expressly agree that SRI is an independent contractor m the performance of each and every part of this Agreement. SRI and its officers, employees, agents, instructors, and subcontractors shall make no claim of City Page 1 of 4 (lk)agr-spec rescue confined space -pm employment nor shall claim any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. SRI shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, SRI shall pay the same before it becomes due. 6. Non -Discrimination. During the performance of this Agreement, SRI shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruilment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 7. Compliance With Law. SRI agrees to perform all training services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 8. No Insurance provided by City. It is understood the City does not maintain liability insurance for SRI and/or its officers, employees, agents, instructors, and/or subcontractors. 9. Indemnification. a. SRI agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of SRI, its officers, employees, agents, mstructors, and subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. The City agrees to hold harmless, mdemnify, and defend SRI, its officers, employees, agents, and instructors from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. c. Except as otherwise provided m subsection c of this Section, in the event that the officials, officers, agents, instructors, employees, and/or subcontractors of both ZCS and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). Page 2 of 4 (lk)agr-spec rescue confined space -pm d. Nothing contained in this Section or this Agreement shall be construed to create a liability to any third party or a right of indemnification in any third party. 10. Insurance provided by SRI. On or before date the this Agreement is fully executed by the parties, SRI shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional msureds, and shall contam a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent) The insurance shall be with an insurance company or compames rated A -VII or higher in Best's Guide and admitted m the State of Washington. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or m part by the SRI to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of SRI as stated herem. 121 Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 13. Integration. This written document constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be m writing and executed by both parties 14. Non -Waiver. The waiver by SRI or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 15. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days advance written notice of termination. 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: Page 3 of 4 (1k)agr-spec rescue confined space -pm To City: To SRI: Fire Chief Yakima Fire Deparlinent Fire Station No. 1 North Front Street Yakima, WA 98901 H. Dean Paderick CEO Spec. Rescue International Parkway 4, Suite 198 2697 International Parkway Virginia Beach, VA 23452 or to such addresses as the parties may hereafter designate m writing. Notices and/ or demands shall be sent by registered or certified mail, postage prepaid or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall he in the Superior Court of Washington for Yakima County, Washmgton. CITY OF YAKIMA By: c• R. A. Zais, Jr. City Manager Date:=� /D / 9 I e ATTEST: -1/<t}t._ - City Clerk CITY CONTRACT NO. RESOLUTION NO. R-98-99 Page 4 of 4 (1k)agr-spec rescue confined space -pm SPEC. RESCUE INTERNATIONAL H. Dean Paderick, CE Date: c2/i/ /51S BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 1 For Meeting Of: 07/07/98 flEM 1 TILE: Resolution Authorizing Professional Services Agreement with Spec. Rescue International to provide Confined Space Rescue Training to Yakima Fire Department SUBMITTED BY: Gene Martin, Acting Fire Chief CONTACT PERSON/TELEPHONE: Gene Martin, Acting Fire Chief, 575-6060 SUMMARY EXPLANATION: W.A.C. 296-305-05003 (attached) requires Firefighters to be trained and practice in safe entry procedures prior to entry to a confined space. The City of Yakima wishes to contract with Spec. Rescue International to provide this training. • The contract releases the City from liability due to sole negligence of Spec. Rescue International • Spec. Rescue International is to provide proof of commercial liability insurance in the amount of One Million Dollars. • The Fire Department expects to recoup approximately $4,000.00 of the $5,575.00 in the form of tuition from outside agencies. This resolution will allow the City Manager and City Clerk to sign the necessary contract with Spec. Rescue International to provide the required training. Resolution X Ordinance Contract X Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: (City Manager) STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: WAC 296-305-05003, Confined space rescue operations. (1) Fire departments shall comply with chapter 296-62 WAC, Pari M for their own confined spaces. (2) Fire departments which have been contracted as an outside rescue service provider shall also comply with Part M and in particular the specific provisions of WAC 296-62-14519(1) which requires authorized entrant training and rescue practices from the host's actual permit spaces or representative permit spaces. (3) Fire -departments which have responded or will respond to calls to perform rescue from a noncontracted permit -required confined space are required to have each member of a rescue team practice making permit space rescues at least every 12 months by means of simulated rescue operations in which they remove dummies, mannequins or actual persons from permit space A permit is required for the practice permit space entry. (4) During an actual rescue response, written and/or verbally recorded hazard sizeup will be allowed in lieu of the written permit requirements in WAC 296-62-14507 and 296-62-14509 and shall be completed prior to any entry This sizeup shall include at a minimum (a) Recognition and declaration of the situation as a confined space incident (b) Denial of entry to unprotected persons (c) Assessment of all readily available confined space documentation, e g . MSDSs, any existing permit, plans or blueprints of the space (d) Assessment of number of victim(s), locations and injury conditions (e) Discussion with witnesses, supervisor, etc (f) Assessment of any current or potential space hazards, in particular, any hazard(s) which lead to the necessary rescue (o) Determination and declaration if body recovery or victim rescue. (5) Al confined space incidents at least two people outside shall be equipped with appropriate breathing apparatus to act as the back-up team which shall remain free of the contaminated area in order to rescue disabled fire fiohters (6) Written documentation cf ;he rescue team's training on the fire department's confined space operating procedures authorized entrant trainine if applicable the contracted host's confined space program A record of each of the hazard sizeups shall be maintained for at least one year (Statutory Authority RCW 49 17 oto. 050 060 96- 11-067 (Oraer 94-27) §296-305.05003 Lief 05:10;96 effective 01/01/97 I