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CM-10-11-233ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a training agreement with Traditions Training, L.L.C. for Truck Company Operations Training. November 19, 2010 Department: Fire Project Manager: Charles Meserole Item Summary: This Training Agreement Contract will provide 16 hours of Truck Company Operations Training, 8 hours of classroom and 8 hours of hands on. Approximately 57 firefighters will attend this training and be trained in the following areas: • Vent, enter, & search • Search & victim removal • Tag line searches • Conventional Forcible entry • Victim removal from rooftops • Vertical ventilation • Roll down security gates and padlocks • Portable ladders Strategic Plan Relevance: 30.0 Residents, Visitors, and Businesses continue to experience a high and timely level of public safety, and security. Cost: $8,449.50 Source of Funds: General REV. 3/8/10 TRADITIONS TRAINING, L.L.C. "Experience -Based Fire Department Training" www. 7raditionsTraining.com (61 o) 637-8315 • INFO @?R ADITIONSTRAINING. CO.M CONTRACT FOR SERVICES BY TRADITIONS TRAINING THIS AGREEMENT, made and entered into this EIGHTEENTH day of OCTOBER 2010, by and between TRADITIONS TRAINING, LLC. And Round Rock Fire Department, Round Rock, Texas. WITNESSETH: FIRST: That for in and consideration for the sum of six -thousand dollars ($6,000.00) and all other expenses previously agreed upon, as evidenced by the attached "Training Proposal," hereto made a part here of; TRADITIONS TRAINING agrees to provide: A "Truck Company Operations" program to occur April 11 through April 14, 2011 consisting of 8 -hours each day. This program will accommodate a maximum of twenty (20) students during practical sessions (April 12 through April 14). This class will encompass classroom and hands-on instruction as described in the attached training proposals. This class will take place at a training facility to be provided by the Round Rock Fire Department. Round Rock Fire Department will be responsible for any fees associated with use of this facility and for obtaining the permissions necessary for use of the facility. Round Rock Fire Department will also be responsible for supplying the necessary supplies and equipment to conduct practical sessions. Round Rock Fire Department shall provide airfare, per -diem for meals at the GAS for Round Rock, TX, rental car reimbursement, and hotel accommodations for two (2) instructors at a hotel (minimum of three -star) for the nights of April 10th through April 14th. Round Rock Fire Department agrees to make and pay for all travel arrangements, with such arrangements being approved by Traditions Training prior to their purchase. PAYMENT FOR THE CLASS IS DUE AT THE BEGINNING OF THE FIRST CLASS. SECOND: N/A. THIRD: Round Rock Fire Department hereby agrees that in the case of default in the above agreed upon terms, to pay all collection fees, including but not limited to attorney's fees, court costs and interest, incurred by TRADITIONS TRAINING in collection any default payment. Payment in full will be due should cancellation of any portion of the Proposal for Round Rock Fire Department - 11/8/10 Page 1 of 3 CIM,4-I1-z33 TRADITIONS TRAINING, L.L.C. "Experience -Based -Fire Department Training" w'ww.TracfitionsTraining. com (61 o) 637-8315 ■ INFO @-"RADI7IONs7RAINING. COJ11 training program occur and TRADITIONS TRAINING has not received a minimum of thirty (30) days notice. - An exception will be made in the case of a natural disaster or circumstances that should cause a "State of Emergency" to be declared that affects Round Rock, IA. o In such case, Round Rock Fire Department agrees to reschedule this program with in one-year at a time mutually convenient to Traditions Training, LLC. o The cost of any additional travel arrangements as a result of rescheduling will be borne by Round Rock Fire Department. FOURTH: Round Rock Fire Department hereby agrees to require, by way of signature, all student/participants to individually sign the Waiver of Liability, prior to participating in practical evolutions during training classes. A copy of said Waiver of Liability is attached hereto for reference. Further, Round Rock Fire Department agrees that should any student/participant refuse to sign said Waiver, for any reason, he/she shall be excluded and dismissed from participation in any training activities, with out penalty to TRADITIONS TRAINING. FIFTH: Round Rock Fire Department understands and agrees that it is required to provide certain apparatus, machinery, and equipment for the use of the student/participants and/or of the agents, servants, and employees of TRADITIONS TRAINING, LLC, including but not limited to the apparatus and equipment referred to in the Training Proposal and any other equipment that may be used in class. Round Rock Fire Department further understands and agrees that the activities of firefighting and firefighting training, including the training to be provided by Traditions Training, LLC, create inherent, unavoidable risks to apparatus, machinery, and equipment used in and/or necessary to those activities, including, but not limited to, damage to or breakage of such apparatus, machinery, and equipment. Even the exercise of the greatest care cannot eliminate all such risks. Round Rock Fire Department agrees that by providing or making available any apparatus, equipment, or machinery and/or using any such apparatus, equipment, or machinery in any of the training to be provided by Traditions Training, LLC, it voluntarily assumes the risks to that apparatus, machinery, and equipment of firefighting and firefighting training and, in particular, of the training to be provided by Traditions Training, LLC. Round Rock Fire Department further agrees to obtain and maintain, at its sole expense, the fullest possible insurance coverage for all such apparatus, machinery, and equipment and to name as additional insureds in such insurance policy or policies, Traditions Training, LLC, and its officers, directors, agents, servants, employees, shareholders, and members for the period of the training activities. Round Rock Fire Department HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Traditions Training, LLC, its officers, directors, agents, servants, employees, members, and shareholders (all collectively hereinafter referred to Proposal for Round Rock Fire Department - 11/8/10 Page 2 of 3 TRADITIONS TRAINING, L.L.C. "Experience -Based ,Fire Department Training" www. TraditionsTraining. com (61o) 637-8315 ■ INFO@TRADIVONSTR ALIVING. COM as the releasees) from any and all liability to Round Rock Fire Department and/or its members, for any loss, breakage, or damage to any apparatus, machinery, and/or equipment provided or made available by it for use or operation, and/or used, in or during the training provided by Traditions Training, LLC, whether caused by any negligence of the releasees or otherwise. Round Rock Fire Department HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any and all loss, liability, damage, costs, and costs of defense, including but not limited to attorneys fees, they may incur due to any damage to or breakage of any apparatus, machinery, and/or equipment, whether caused by the negligence of the releasees or otherwise, and/or due to any claims, suits, or actions arising from or related to any such damage and/or breakage. Round Rock Fire Department warrants and represents that all apparatus, machinery, and equipment used or provided in the course of the training to be provided by Traditions Training, LLC, not owned or provided by Traditions Training, LLC, is owned by it and no other person or entity has any interest in such apparatus, machinery, and/or equipment. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SUBSCRIBED THEI NAMES ON THE EIGHTEENTH DAY OF OCTOBER 2010. By: 7— Nicholas Nicholas A. Martin, V0 Lead Instructor Traditions Training, LLC. By: (print Title: Signature: Joses R.klkQQ Pt, Proposal for Round Rock Fire Department - 11/8/10 Page 3 of 3