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HomeMy WebLinkAboutRESCUE TRAINING ASSOCIATES SERVICES AGREEMENT This AGREEMENT is entered into this 14th day of October 2009 by and between Rescue Training Associates with offices at 2160 North Andrews Ave., Pompano Beach, FL 33069 (hereinafter referred to as "RTA") and the City of August, Georgia Fire Department located at 3117 Deansbridge Road Augusta, Georgia 30906 (hereinafter referred to as "Client"). RECITALS RTA desires to enter into a services agreement to conduct a series of Rope Rescue, Confined Space Rescue and Trench Rescue Awareness/Operations and Technician level classes in Augusta, Georgia. NOW, THEREFORE, the parties hereto agree as follows: 1. STATEMENT OF WORK. The Client agrees to have RTA undertake a service agreement entitled "Technical Rescue Training in accordance with the scope of work described in Attachment A hereof. RTA agrees to use reasonable effort to perform the requested work for the project as described in Attachment A hereof ("the Project"). 2. PROJECT DIRECTOR. The Project will be directed by Mr. John Holgerson, RTA. If, for any reason(s), he is unable to continue to serve as project director and a mutually acceptable successor is not available, the Client and/or RTA shall have the option to temiinate said program in accordance with Clause 14 - TERMINATION. 3. PERIOD OF PERFORMANCE. The services contracted for by RTA shall be conducted during the period of January 1,2010 to January 1,2011 and will be subject to renewal only by mutual agreement of the parties. 4. PROJECT COSTS AND PAYMENT. In consideration of the foregoing, the Client will pay RTA $150,500.00 in connection with this Service Agreement. The Client and RTA agree to create addendums to this agreement to address expected changes that will occur during development of this program. The Client shall make payment to RTA offering according to the following fee schedule: Rope Awareness/Operations: Rope Technician: Confined Space Rescue Awareness/Operations: Confined Space Rescue Technician: Trench Rescue Awareness/Operations: Trench Rescue Technician: Train-the- Trainer: $9,625.00 per class $9,625.00 per class $7,625.00 per class $6,500.00 per class $7,625.00 per class $6,500.00 per class $8,000.00 per class Payment shall be made at the conclusion of each class with checks made payable to: Rescue Training Associates 2160 North Andrews Ave. Pompano Beach, FL 33069 / RTA shall provide a Homeland Security Exercise Evaluation Program (HSEEP) report to the Client within 30 days after the completion of the Project. 5. ACCESS TO DOCUMENTATION. For the purpose of making audits and examinations, the Client or any other duly authorized representatives will have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this work. RTA shall maintain all required records for up to three (3) years after the Client makes final payments and all pending matters are resolved. 6. EQUIPMENT/PROPERTY. All equipment purchased or manufactured by RTA shall be the property ofRTA unless otherwise agreed upon by both parties. 7. PUBLICITY. The Client shall not use the name ofRTA, nor of any member ofRTA staff, in any publicity, promotion, advertising, or news release without the prior written approval of an authorized representative ofRTA. RTA shall not use the name of the Client, nor any employee of the Client, in any publicity, promotion, advertising, or news release without the prior written approval of the Client. 8. INSURANCE/LIABILITY. RTA represents that it has the following liability insurance to conduct the Proj ect: · Each Occurrence = $1,000,000.00 · Damage to Premises = $50,000.00 for each occurrence · Medical Expenses (anyone person) = $5,000.00 · Personal Injury = $1,000,000.00 · General Aggregate = $2,000,000.00 · Products = $1,000,000.00 RTA warrants that such protection is applicable to its officers, employees, and agents while acting within the scope of their employment by the Client. This liability insurance policy cannot extend protection to any other person. The Client agrees that RTA shall not be responsible for any claims, expenses, damages, or liability for personal injury or damage to property, real or personal, directly or indirectly arising from the negligent or wrongful act of the Client, its officers, employees, agents and volunteers. RTA agrees that the Client shall not be responsible for any claims, expenses, damages, or liability for personal injury or damage to property, real or personal, directly or indirectly arising from the negligent or wrongful act ofRTA, its officers, employees, agents and volunteers. 9. PERFORMANCE GUARANTEE. RTA represents and warrants that it will perform all services contained within Appendix A. In the event that unforeseen events (e.g. national disaster, local/regional weather, etc...) prevents RTA from performing these services, the Client and RTA will mutually re-schedule any/all un-performed work. 10. ASSIGNMENT. Neither party shall assign this Agreement to another without the prior written consent of the other party. Any other purported assignment shall be void. 11. INDEPENDENT CONTRACTOR. In the performance of all services under this Agreement: a) Each party and its personnel shall be deemed to be and shall be an independent contractor and, as such, shall not be entitled to any benefits applicable to employees of the other party; b) Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither party shall be bound by the acts or conduct of the other. 12. MODIFICATION. Any agreement to change the terms of this Agreement in any way shall be valid when the change is made in writing and approved by authorized representatives of the parties hereto. 13. NOTICES/REPRESENTATIVES. Notices and communications hereunder shall be deemed made as of the date received by Registered or Certified mail, postage prepaid, return receipt requested, and addressed to the party to receive such notice, invoice or communication at the address given below, or such other addresses as may hereafter be designated by notice in writing. Designated representatives for the parties are: RTA: Augusta, GA Fire Department: If Contractual John Holgerson 2160 North Andrews Ave. Pompano Beach, FL 33069 Telephone (954) 582-5310 Chief Howard Willis Augusta, GA Fire Department 3117 Deansbridge Road Augusta, Georgia 30906 Telephone (706) 821-2909 14. TERMINATION. Performance under this Agreement may be terminated by the Client upon a thirty day advance, written notice. In the event of early termination of this Agreement by the Client, the City of Augusta, GA shall pay all costs accrued by RTA as of the date of the notice of termination, including non-cancelable obligations, which shall include all non- cancelable contracts called for in Attachment A. In addition, the Client will pay all other reasonable costs incurred by the RTA during the time period between the notification date and the termination date, which are necessary to terminate the project. Reimbursement for incurred costs and obligations will not exceed the total estimated project cost as shown in Clause 4. Performance may be terminated by RTA upon a thirty day advance, written notice if circumstances beyond its control preclude continuation of the project. In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within thirty (30) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending a notice of termination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of the notice. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the conflict of laws principles thereof. The parties agree that any proceeding arising under or to enforce this Agreement shall take place in the federal court of the District of Georgia or any competent state court located within Richmond County in the State of Georgia, and each party agrees to the jurisdiction and venue of such court and agrees to accept service of process in any such proceeding. 16. ENTIRE AGREEMENT. Unless otherwise specifically provided, this Agreement embodies the entire understanding between the Client and RTA for this Project, and any prior or contemporaneous representations, either oral or written, are superseded. No amendments or change to this Agreement, including without limitation, changes in the statement of work, total estimated cost and period of performance, shall be effective unless made in writing and signed by authorized representatives of the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate as of the day and year first written above. RTA: CITY OF AUGUST A, GEORGIA FIRE DEPARTMENT If~ By: John Holgerson Title: By: Howard Willis. Fire Chief Date: October 14, 2009 G?t~ () , ~. . . A~.. ./\-/)~' 1/5/51/)/d Attachment A A-l Program Overview A-2 Program Deliverables A-3 Program Schedule and Timeline A-4 Project Expansion PREPAREDNESS AND RESPONSE TRAINING & MASS CASUALTY DISASTER SIMULATION Section A-I: Program Overview Overview statement: This Technical Rescue Team Training Program (herein after referred to as "the Program") will consist of Awareness/Operations (Levell) and Technician (Level 2) level training in Rope Rescue, Confined Space Rescue and Trench Rescue. Each section, which will consist of three classes in each level, will occur within the City of Augusta, Georgia at sites deemed suitable by RTA. Per the RFP, each class will have a maximum of 25 students. Sections Ai, A2, and A3 describes, in general terms, the full scope ofthe project as a context for this contract and specifically addresses the contractual relations between the City of Augusta, GA Fire Department and Georgia State Task Force 3 (hereinafter referred to as the Client) and Rescue Training Associates (hereinafter referred to as RTA), the designated contractor for the training. As currently envisioned, the Client will pay RTA $150,500 for the Program. The Client is hereby contractually obligated to pay RTA at the conclusion of each class. Since the Program will be primarily focused on training emergency response personnel from the City of Augusta, GA Fire Department and Georgia Task Force 3, they will be given the right of first refusal for any/all training slots. RTA reserves the right, however, to allow individuals from other teams/areas around the country to participate. Specific objectives each individual training class has been previously defined and are in accordance with the requirements set forth by the Office of Domestic Preparedness (ODP). Based on our understanding of current realities in the State of Georgia, there is need for training that: (1) tests 10caVregional/state capabilities in disaster response; (2) drills the interoperability of multiple disciplines and agencies; and (3) to the extent possible, is compliant with the requirements set forth by the Office of Domestic Preparedness (ODP), the National Incident Management System (NIMS) and Homeland Security Presidential Directive-5 (HSPD-5). At this time, three preliminary objectives have been identified for this event which will be NIMS and ODP complaint. They are as follows: 1. To the extent possible, advance the collaboration between the City of Augusta, GA Fire Department and other Georgia State Task Force 3 personnel to effectively respond under unified command, with resources and personnel, to a Technical RescuelUrban Search and Rescue (US&R) event that directly simulates a plausible situation for the region. 2. To the extent possible, enhance the ability of the City of Augusta, GA Fire Department and other Georgia State Task Force 3 agencies to efficiently communicate information in a timely manner with both internal and external department personnel, as well as primary and secondary contacts, using all available tools and resources. 3. To the extent possible, assess the capability ofthe City of Augusta, GA Fire Department and Georgia State Task Force 3 to successfully manage/coordinate a Technical RescuelUrban Search and Rescue (US&R) event. These objectives provide the basis for the training tracks and the development ofthe capstone drill. Section A-2: Program Deliverables The following tracks and deliverables are included in the contract price: . Rope Rescue Awareness/Operations training: This 40-hour class prepares emergency responders to direct and coordinate incidents where basic and intermediate rope rescue skills are required. Topics include: Standard Setting Organizations; Rope Construction; Life Safety Rope; Rope Equipment; Scene Management; Safety Considerations; Rescue Knots; Anchor Systems; Belay Systems; Mechanical Advantage Systems; Rappelling Systems; Pick-Off Operations; Ascending Systems; Lowering Systems; Low-Angle Systems; and Patient Packaging. This track require the Client to provide a 4-6 story training tower/building and a 400 or less sloped hill/embankment for the performance of the aforementioned skills. ~ Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. ~ Number of participants: 25/class; 75 total . Rope Rescue Technician training: This 40-hour class prepares emergency responders to direct and coordinate incidents where advanced rope rescue skills are required. Topics include: Anchor Systems; Mechanical Advantage Systems; Lowering/Raising Systems; Pick-Off Operations; High-Line Systems; Ascending/Descending Systems; and Lead Climbing Systems. This track requires the Client to provide a 4-6 story training tower/building, a 100' radio tower (or like structure) and a river bank/ravine or for the performance of the aforementioned skills. !IIi Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. !IIi Number of participants: 25/class; 75 total . Confined Space Rescue Awareness/Operations training: This 24-hour class prepares emergency responders to direct and coordinate incidents where personnel have to operate within confined spaces with limited accessibility and/or highly stressful conditions. Topics include: Regulations & Standards; Permit Entry Program; Confined Space Hazards; Atmospheric Hazards/Monitoring; Ventilation; Isolation Techniques; Scene Management; Retrieval Systems; Patient Packaging; SABA System; and Response Considerations. This track requires the Client to provide a vertical shaft and horizontal piped confined space for the performance of the aforementioned skills. !IIi Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. !IIi Number of participants: 25/class; 75 total . Confined Space Rescue Technician training: This 16-hour class prepares emergency responders to direct and coordinate incidents where multiple victims are located and/or multiple rescue teams are operating within confined spaces that have limited accessibility and/or highly stressful conditions. Topics include: Multiple Team Entry Operations; Multiple Victim Rescue Operations; and Team Response Considerations. This track requires the Client to provide a vertical shaft and horizontal piped confined space for the performance of the aforementioned skills. !IIi Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. !IIi Number of participants: 25/class; 75 total . Trench Rescue Awareness/Operations training: This 24-hour class prepares emergency responders to direct and coordinate incidents involving straight trench wall collapse. Topics include: Needs and Hazards; Regulations and Standards; Collapse Indicators and Patterns; Scene Management; Site Control; Inspection Practices; Response Equipment; Response Procedures; and Response Considerations. This track requires the Client to provide a 40'L x 4'W x 8'D trench for the performance of the aforementioned skills. iIII Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. iIII Number of participants: 25/class; 75 total . Trench Rescue Technician training: This 16-hour class prepares emergency responders to direct and coordinate incidents involving advanced trench wall collapse. Topics include: L-Trench; T-Trench; X-Trench; Victim Removal; and Multiple Entry Team Procedures. This track requires the Client to provide intersecting 40'L x 4'W x 8'D trenches for the performance of the aforementioned skills iIII Schedule: To be determined and agreed upon by the Client and RTA within the period of performance. iIII Number of participants: 25/class; 75 total Additional Deliverables from RT A iIII Regularly scheduled meetings with the Client and its project team members. iIII RTA will ensure that all training is free of commercial bias. iIII RTA will work with the Client to arrange schedules that will minimize cost incurred by each participating agency. iIII RTA will supply all Program class materials and training equipment. iIII RTA will provide the Client with all necessary post event documentation by October 31, 2010. Deliverables from the Client: iIII Procurement of suitable training venues/structures for each class. iIII Classroom space that is suitable for the lecture portion of the Program. iIII List of participating City of Augusta, GA Fire Department and Georgia State Task Force 3 participants/agencies. Ii Management/coordination/arrangement of all aspects of the Program pertaining to event's educational, evaluation and logistical aspects. iIII Coordination with the State of Georgia Department of Homeland Security. Section A-3: Program Schedule and Timeline: To be determined and agreed upon by the Client and R T A within the period of performance after contract approval by the AugustalRichmond County Board of Commissioners. Section A-4: Program Expansion Expansion of project under additional funding from external sources Additional training tracks can be added into the Program pending written approval by RTA and Georgia State Task Force 3. Any expansion ofthe Project will require an addendum to this contract.