HomeMy WebLinkAboutFireblast 451 Inc; 2014-07-24; PEM1103PEM1103
AGREEMENT FOR ADVANCED UVE FIRE SIMULATOR
FIRE CONTROL OFFICER TRAINING SERVICES
(FIREBLAST 451, INC.)
THI^ AGREEMENT is made and entered into as of the iP^^O^ day of
2014, by and between the CITY OF CARLSBAD, a municipal
atioj^C'City"), and FIREBLAST 451, INC., a California corporation, ("Contractor").
RECITALS
City requires the professional services of a live burn training simulator manufacturer to
certify firefighting and maintenance personnel on how to safely operate live fire burn simulators
during firefighting training. Contractor is experienced in providing certified Fire Control Officer
(FCO) training for firefighters and maintenance personnel covering the operational, maintenance
and safe use of advanced live fire simulators. Contractor has the necessary experience in
providing these professional services, has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1- SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be two thousand six hundred dollars
($2,600). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this
section will survive the expiration or early termination of this Agreement.
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved
by the Risk Manager orthe City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior written
notice to the City by certified mail. City will be named as an additional insured on General Liability
which shall provide primary coverage to the City. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City prior to City's execution ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
sea^, and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
FIREBLAST 451, INC., a California
corporation
(print nfime/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(sign here)
^ (print'name/title)'
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
FIRE CONTROL OFFICER (FCO) COURSE
The Fire Control Officer (FCO) is the individual responsible for the inspection, safe operation, and
training on the Fireblast 451 Soaring Series live fire training simulators. The FCO is a firefighter
who has been designated by the Carlsbad Fire Department as a safety officer to supervise live
fire training during firefighting techniques. The FCO is responsible for the following;
1. Verifies that all safety checks are completed during live fire simulator start-up to include the
completion of both pre- and post- training checklists as outlined in the Soaring Series
operation and maintenance manual.
2. Conducts preventative maintenance checks prior to use and notifies the STC Facility Manager
of any maintenance concerns.
3. Conducts systems checks to ensure all safety systems are functioning properly.
4. Inspects to ensure systems are filled with the correct type of smoke fluid.
5. Verifies that all personnel are certified to participate in live burn training and have the
appropriate level of personnel protective equipment before entering a burn room.
6. Responsible for conducting safety briefs with the assigned safety officer and lead instructor
prior to the start of training. All personnel are required to be briefed on the conduct of live fire
training prior to entering a burn room.
7. Responsible for securing the area around the residential and/or commercial props to prevent
non-participating personnel from accessing the training simulators while the simulators are in
use.
8. It is a requirement that the FCO remain current on the operational functions of the live fire
systems to ensure the safety of all participants during firefighting training.
Fireblast 451, Inc. agrees to perform the following services on location at the City of Carlsbad,
Safety Training Center (STC) located at 5750 Orion Street Carlsbad, California, 92010:
• Provide onsite training using the live fire training simulators equipment and consumables
provided by the City. Training will be conducted over a two day period with ten (10) students
per class. Course requires at a minimum of eight hours of practical application and hands-on
instruction on the proper use and maintenance of Fireblast 451 live fire training simulators.
• Contractor will certify Carlsbad Fire Department personnel and STC maintenance staff on the
proper operation, safety systems functions, safety systems activation, and user level
preventative maintenance of all live fire simulators located in the residential and commercial
burn props. This training will be in accordance with the guidelines established in the Fireblast
451 Soaring Series interior live fire training systems operations and maintenance manual.
• Contractor will provide individual certification letters and a completion of training report to the
Safety Training Center Facility Manager for training record purposes.
• Course will be instructed during normal business hours Monday through Friday 8 am - 6 pm.
• FCO Instructor(s) will contact the STC Facility Manager for course scheduling at 760-931-
2236.
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Cost Analvsis
• Training Day #1: (10) Students- 8-10 Hours $1,300.00
• Training Day #2: (10) Students- 8-10 Hours $1,300.00
Total Cost of Course: $2.600.00*
*Fees include instructor travel, lodging and per diem.
City Attorney Approved Version 1/30/13