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HomeMy WebLinkAboutPSA - The International Association of Firefighters - Fire Ground Survival Train the Trainer Program11 i _ � _ - �'� _ _ ■ - 1 - - it ti • �= J II1I ToI 1 _...... _.. -%, ... ... .. f I This Agreement ("Agreement") is made on } �,Lr1e, -00 , 2017 by and between the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (the "IAFF"), a 501(c)(5) non-profit organization with a principal place of business at 1750 New York Avenue, NW, Washington, D.C. 20006 and South Bend Fire Department a municipal corporation, organized and existing under the laws of the State of Indiana, with a principal place of business at 1222 S. Michigan St., South Bend, IN 46601. WHEREAS, the IAFF has developed and teaches the IAFF Fire Ground Survival Program; and WHEREAS, the South Bend Fire Department desires to provide to its employees the IAFF Fire Ground Survival Program; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the parties hereto agree as follows; Article 1 The IAFF shall provide the IAFF Fire Ground Survival Train -the -Trainer Course ("Course" or "IAFF FGS Train -the -Trainer Program") to South Bend Fire Department ("Host Site") employees as provided in this Agreement. The dates of the IAFF FGS Train -the -Trainer Program shall be October 2-5, 2017. Course dates will only be established three months after the minimum of 30 candidates is met to enable all candidates to prepare for the workshop and examination. The Host Site will be consulted on all details before the dates are finalized. The IAFF FGS Train -the -Trainer Program is part of the IAFF's Fire Ground Survival Program ("IAFF FGS Program"). The purpose of the IAFF FGS Program is to ensure that training for MAYDAY prevention and MAYDAY operations is consistent between all fire fighters, company officers, and chief officers. Fire fighters must be trained to perform potentially life-saving actions if they become lost, disoriented, injured, low on air, or trapped. These training exercises must be consistent throughout the fire service. The IAFF FGS Program applies the lessons learned. from Fire Fighter Fatality Investigations conducted by the National Institute for Occupational Safety and Health (NIOSH) and has been developed by a committee of subject matter experts from the International Association of Fire Fighters, the International Association of Fire Chiefs, and NIOSH. The International Association of Fire Fighters is the only agency that provides the training program necessary to become a certified IAFF Fire Ground Survival Trainer and thus should be considered as "Sole Source." The IAFF FGS Program is the most comprehensive survival skills and MAYDAY prevention program currently available within the fire service. Incorporating federal regulations, proven incident management best practices, survival techniques from leaders in the field, and real case studies from experienced fire fighters, the FGS Program aims to educate all fire fighters to be prepared if the unfortunate happens. The IAFF FGS Train -the -Trainer Program is a four -day workshop and has three main purposes. The first purpose is to review the online materials so as to increase the candidates' knowledge related to fire ground survival. The second purpose is to improve the candidates' ability to deliver the prepared classroom lessons to fire fighters from their department. The final purpose is to improve the candidates' ability to demonstrate and teach the practical survival skills that are part of the FGS Program. curriculum. The IAFF FGS Train -the -Trainer Program will focus on Preventing the MAYDAY, Being Ready for the MAYDAY, Self -Survival Procedures, Self -Survival Skills, and Fire Fighter's Expectations of Command. Workshops will be taught by IAFF Fire Ground Survival Master Instructors. The workshop will begin at 8:00 am and end at 5:00 pm on most days, provided that all of the learning objectives for that day are covered. One hour will be given for lunch. Workshops will be taught using small group learning methods, which encourages student participation. Students will spend part of the time in a classroom setting and the rest of the time performing practical self -survival skills while wearing full protective equipment (PPE), including SCBA. The IAFF FGS Train -the -Trainer Program utilizes IAFF FGS Master Instructors and is designed to certify FGS Instructors by the IAFF from within IAFF-affiliated fire departments from the ranks of fire fighters, company officers, and chief officers. These IAFF-Certified FGS Instructors will have the ability to train their fire department's recruits and incumbents who have completed the FGS Online Awareness Course. IAFF-Ccrtified FGS Instructors enhance these training sessions and increase retention by utilizing the FGS Classroom Instruction in addition to the FGS Online Awareness Course materials. IAFF-Certified FGS Instructors are also certified to deliver the FGS Hands-on Skills Training. Additionally, IAFF-Certified FGS Instructors are certified to train selected members as FGS Assistant Instructors from their fire department to assist in delivering the FGS Operations Course. In order to participate in the IAFF FGS Train -the -Trainer Program, all participants must: complete the Fire Ground Survival Online Awareness Course; be a fire fighter, or employed by a fire department and involved in a fire service training program; have at least one year of teaching experience; have a demonstrated ability to teach from prepared materials; and be certified to the NFPA Instructor I level or equivalent. Members successfully completing the IAFF FGS Train -the -Trainer Course will receive an IAFF-Certified Instructor Certificate. 2 Article 2 The dates and locations of workshops and examinations will be posted on the IAFF web site, FGS_schedule.htm. For additional information, you may contact the IAFF at (202) 824-1572. Article 3 South Bend Fire Department will be a host site for up to 30 candidates at a fixed fee of $77,000 ("Fee"). As part of this Fee, the IAFF will provide one IAFF Fire Ground Survival Mobile Training Apparatus (see attachment A). The IAFF Fire Ground Survival Mobile Training Apparatus will remain the property of the host site, and the IAFF will provide vendor information for the purchase of additional or replacement props. The IAFF will provide all the required training manuals and resource materials. Each student for the IAFF-Certified FGS Instructor Program will be required to have these teaching aids. As part of this Fee, the IAFF- Certified FGS Instructor will be registered with the IAFF and will receive all updated training materials and continued information regarding the FGS Program. Payment must be received 60 days prior to the start of the workshop. If Payment is not received prior to the start of the workshop candidates will not be authorized to attend. If you do not have a minimum of 30 candidates, you may also consider: • Conducting the workshop with a smaller class size for the $77,000 fixed fee. While such an option will cost you more per candidate, it will give each FGS candidate more individual time with the IAFF FGS certified instructors. Additionally, it will enable you to immediately establish a date. • Contacting your neighboring departments, and, if additional outside participants attend, the fee is $2,567 per candidate from those departments, which can assist in offsetting your $77,000 cost. Depending on circumstances, the IAFF may be able to work with departments if there is a potential for less than 3 0 participants and the $77,000 payment cannot be made up -front. Based on IAFF discretion and if this option is offered to a host fire department, if 30 participants do not register by the beginning of the Course, the host department must cover the slots not filled, which equates to $2,567 per slot. For example, if the Course has 25 participants, the host location must pay for the remaining 5 slots not filled, totaling $12,835. The Fee provides for six IAFF FGS Master Instructors. All registered candidates, as part of the Fee, will receive the FGS manuals, including Instructor Guides, PowerPoint Presentations, FGS Instructional Videos, 3 Plans for Prop Construction, and Practical Skill Evaluation Sheets. All materials will be sent immediately after registering with a valid credit card, verifiable fire department purchase order number, or department check. If a credit card payment is declined, the individual or department will be notified, their slots will be removed, and study guides will not be sent until a valid payment is received by the IAFF. The Fee shall include the following costs: shipping of any materials necessary to teach the Course (including student manuals, reference materials, and pocket guides) and all paperwork necessary for completion of the Course (including registration, forms, pre-tests, and post-tests) (collectively, the "Course Materials"). In addition, the IAFF shall pay all travel expenses for Course instructors (including airfare, hotel accommodations, and ground transportation). All workshop and/or examination fees and purchase costs are in U.S. funds. We accept checks, money orders, and credit cards (VISA or MasterCard only). Checks or money orders, in U.S, funds, shall be made payable to: IAFF - Health and Safety Department/FGS Program. There will be no refunds of the workshop, examination fees, or study materials. Emergency medical situations resulting in a participants inability to complete the Course prior to or during a workshop may be reviewed by the IAFF, but it will be tip to the discretion of the IAFF to determine if a refund is warranted. All medical emergency reporting must include valid documentation or paperwork, otherwise possible consideration of a refund will not be granted. Article 4 South Bend Fire Department shall provide a facility ("Course Site") to the IAFF to teach the Course at no charge to the IAFF. The Course Site used to conduct IAFF FGS skills training shall meet the following requirements: • Classroom: o Desks and chairs to seat a minimum of 30 students. o The classroom must be free of distractions and at a comfortable temperature for the students. o LCD projector, computer with external speakers to utilize with the projector, printer, copy machine and five dry erase boards or easel pads ("Training Props"). The Course Site will be required to assemble the provided Training Props (at their own expense) prior to the start of the workshop according to the plans provided by the IAFF. Training Structure Facility (e.g., Training Building, Training Tower): o Three or more floors with windows on each floor where ladders can be positioned. 4 a (4) Radios used for instructors with two dedicated frequencies/channels. One frequency/channel will be used by students in performing radio communications skills required during simulated MAYDAYs. The second frequency/channel will be used by instructors to communicate with medical personnel if a fire fighter is injured. o Water. o Cooling and warming capabilities. o Restrooms. Article S Once a workshop date is scheduled, the class cannot be postponed due to a lack of registrants. The workshop may only be postponed or canceled due to the occurrence of any circumstance beyond the control of either party — such as acts of God, war, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities — to the extent that such circumstance makes it illegal or impossible to perform under this Agreement. If a workshop is postponed under this Article, the Host Site can reschedule a future date. The IAFF will not be responsible for refunding airline or train tickets associated to the fire department, IAFF Local affiliate, or individual should a postponement or cancellation occur under this Article. Article 6 To ensure that the IAFF FGS Program is being delivered properly and only as intended by the IAFF, a formal licensing policy has been implemented that specifies the way in which this IAFF FGS Program can legally be used. This procedure was instituted by the IAFF to protect the integrity of the IAFF FGS Program and the interests of the members of the IAFF by ensuring that the IAFF FGS Program is implemented properly and as intended. Under the current policy, authorization to use the IAFF FGS Program under a Full License will only be granted to fire departments to train members of their department. Limiting the granting of licenses to only those entities that actually administer the FGS Program will enable the IAFF to ensure that the IAFF FGS Program is only being delivered in strict compliance with the licensing agreement. Third party training organizations (limited to federal, state or provincial agencies; state/provincial fire academies; and colleges/universities that conduct fire fighter training) may apply for a Limited License. Such Limited Licenses allow third party training organizations or regional consortiums to use and teach the IAFF FGS Program for purposes of training fire fighters when the training is not provided or available from their fire department. However, this license is granted only upon the express conditions that the Limited Licensee may only deliver the IAFF FGS Program for a fire department that already possesses a complete and 0 o Three or more rooms no less than 10 feet x 10 feet. Rooms must have movable furnishings that can be moved from room to room. Rooms must be able to be darkened. o Anchoring points must be available on each floor for securing belay systems. o Two or more entrances/exits to structure. o Electrical sources must be available. Training Grounds: o Flat surface around training structure to accommodate ground ladder placement. o Large area where multiple skills can occur without interfering with each other. An area of 100 feet x 100 feet or more is recommended. Three smaller areas of less than 100 feet x 100 feet is allowable. o At least one working hydrant. In addition, South Bend Fire Department shall provide the following equipment to the IAFF, at no charge to the IAFF, to teach the Course: • Training Equipment- 0 600 feet of initial attack 1 1/4" or 1 '/2" hoseline. o SCBA and mask facepiece for each student. o One extra SCBA cylinder for each student. o SCBA cylinder refill capabilities. o Radios (minimum of 10) with at least two channels/frequencies that can be used dedicated for training exercises. o Two 24 foot extension ladders. o Rope to secure ladders in position for Upper Floor Egress skills. o (4) Flashlights. o Hand tools — (6) axes, (6) haligan tools. o Portable sound system to play CD or digital music files. o Extension cord. • Personal Protective Clothing and Equipment: o Structural fire fighting ensemble meeting the requirements contained in NFPA 1500, Standard on Fire Department Occupational Safety and Health Program and include: helmet, coat, trousers, boots, hood and gloves. All skills must be performed in full structure PPS's and SCBA. o Personal equipment normally carried by jurisdiction's fire fighters (i.e. flashlight, wire cutters, axe, etc.) • Medical and Logistical Facilities and Equipment o Area out of direct sunlight that can be used for rehabilitation, with cooling and warming capability and water. o Medical kit ---- as a minimum, kit must contain essentials needed to provide basic life support care including airways, dressings and a variety of first aid equipment. 5 valid Full License from the IAFF. Limited Licensees shall not use the IAFF FGS Program to train any person without first obtaining a written agreement with the fire department to which the person is employed. In addition, a fire department that uses another fire department's resources and facilities to train fire fighters must apply for a Full License of their own. The licensing policy ensures that the TAFF FGS Program used by either the Full Licensee or the Limited Licensee fully covers every aspect of the TAFF FGS Program, including all required safety measures. Any use of the IAFF FGS Program without a license or any misuse of the IAFF FGS Program is a violation of the TAFF copyright on this IAFF FGS Program. Terms and Conditions of a Full IAFF FGS License If an entity is granted a full license under this Agreement, the IAFF FGS Full License is granted only upon the express conditions that the Full Licensee must use the IAFF FGS Program in whole and only for the purpose of survival training. This includes, but is not necessarily limited to, preventing the MAYDAY, being ready for the MAYDAY, self - survival procedures, self -survival skills, fire fighter's expectations of command, and proper program administration including using specified equipment, props, safety measures and IAFF-Certified FGS Instructors. The TAFF FGS Full Licensee shall be permitted to use FGS Assistant Instructors in conjunction with their fire department training and consistent with the TAFF training requirements. Any attempt by the Full Licensee to use only a portion of the TAFF FGS Program or to use the IAFF FGS Program without the proper safety measures and certified TAFF FGS Instructors is inconsistent with the scope of this license, and is therefore prohibited. The Full Licensee is only authorized to make use of the TAFF FGS Program in accordance with the terms and conditions of the IAFF FGS manual. Full Licenses will only be issued to fire departments for the purposes of training members of their own fire department. As a condition of receiving a Full License, an applicant must agree that it will conduct the TAFF Fire Ground Survival Program in accordance with the IAFF's licensing requirements. The full licensee shall; • Utilize only IAFF-Certified FGS Instructors -- FGS Assistant Instructors are also permitted to be utilized by Full Licensees; • Build/purchase the required IAFF FGS equipment and props and verify that such equipment and props conform to all specifications in the TAFF FGS manual; • Ensure that it has the ability to administer the IAFF FGS Program in conformity with the specifications set forth with the FGS Program; 7 Ensure that each trainee has completed the TAFF FGS online Awareness Course; and Provide to the TAFF, on an annual basis, a roster of all individuals trained to the TAFF FGS Operations Level. The IAFF will provide a custom certificate template for the fire department to issue to members successfully completing training. Terms and Conditions of a Limited IAFF FGS License If an entity is granted a limited license under this Agreement, a Limited TAFF FGS License is granted to allow the use of the TAFF FGS Program for purposes of training fire fighters when the training is not provided or available from their department. The Limited License is granted only upon the express conditions that the Licensee may only administer the TAFF FGS Program for a fire department that already possesses a complete and valid Full License from the IAFF. Any attempt by the Limited Licensee to use only a portion of the TAFF FGS Program or to use the TAFF FGS Program without the proper safety measures and IAFF-Certified FGS Instructors is inconsistent with the scope of this License, and is therefore prohibited. TAFF FGS Limited Licenses shall only be issued to third party training organizations or regional consortiums that are: • Federal, state or provincial governments or agencies; • State or provincial fire academies; • Colleges/universities that conduct fire fighter training courses; or • Regional consortiums of fire departments within a state or province. As a condition of receiving a Limited License, an applicant must agree that it will conduct the IAFF Fire Ground Survival Program in accordance with the IAFF's licensing requirements. The Limited Licensee shall: • Utilize only IAFF-Certified FGS Instructors (FGS Assistant Instructors are not allowed to be used by Limited Licensees); • Build/purchase the required FGS Program's equipment and props and verify that such equipment and props conform to all specifications in the FGS Manual; • Ensure that it has the ability to administer the FGS Program in conformity with the specifications of FGS Program; • Ensure that each trainee has completed the TAFF FGS online Awareness Course; and • Provide to the IAFF, on an annual basis, a roster of all individuals trained to the FGS Operations Level. To ensure compliance with this policy, the IAFF will conduct on -site reviews and audits of the facilities holding a Limited License, and the Limited Licensee must agree to fully cooperate with such efforts. The on - site review and audit will include, but are not necessarily limited to, the following. • Verification of FGS training procedures and use of FGS Program training materials; • Verification of IAFF-Certified FGS Instructors; • Equipment inspection to ensure all equipment and props meet the FGS specifications; and • Verification of roster of all trained individuals. The IAFF will provide to the Full Licensee a custom certificate template for the fire department. The certificate template will be utilized by the fire department to present to those members who successfully complete the FGS Operations Course. To ensure that the IAFF has adequate resources to conduct on -site reviews and audits, Limited License holders will be charged an annual licensing fee of five thousand dollars ($5,000). Limited Licensees will also be provided any and all updates to the FGS Program, Limited Licenses will continue to be non -transferable, non-exclusive and revocable at will for any reason. All licenses are non -transferable, non-exclusive, and terminable at will for any reason and at any time. The IAFF specifically reserves the right to terminate the license by written notice for any reason, effective immediately upon receipt of such notice by the other party, and any fees already paid by the licensee at the time of termination are nonrefundable. The IAFF owns the copyright and other related rights to the work entitled "Fire Ground Survival Program." Article 7 Each party will indemnify, defend, and hold the other harmless from any loss, liability, costs, or damages arising from actual or threatened claims resulting from its breach of this Agreement or the negligence, gross negligence, or intentional misconduct of such party or its officers, directors, employees, agents, contractors, members, or participants. Neither party will be liable for punitive damages. If the IAFF is found liable by an arbitrator or court of competent jurisdiction to The City (or to any others for whom Services are provided) for an action under this Agreement, or otherwise in connection with the Services, for loss or damage to which any other persons have also contributed, the IAFF's liability to The City will be several, and not joint and several with such others, and will be limited to the IAFF's fair share of that total loss or damage, based on the IAFF's contribution to the loss and damage relative to the others' contributions. No exclusion or limitation on the liability of other responsible persons imposed or agreed at any time will affect any assessment of the IAFF's proportionate liability hereunder, nor will settlement of or difficulty enforcing any claim, or the death, 0 dissolution or insolvency of any such other responsible persons or their ceasing to be liable for the loss or damage or any portion thereof, affect any such assessment. Article 8 The Course, and any written, printed, graphic, or electronically or magnetically recorded information developed in accordance with this Agreement, shall be the sole and exclusive property of the IAFF. In addition, any written, printed, graphic, or electronically or magnetically recorded information furnished by the IAFF for use in carrying out the provisions of this Agreement is the sole property of the TAFF. The IAFF owns the proprietary rights to this Program. This proprietary and confidential information includes, but is not limited to, Course Materials, client lists, marketing information, and information concerning the TAFF's employees, donors, benefactors, products, services, prices, operations, and subsidiaries not otherwise available in the normal course of events. South Bend Fire Department will keep this information in the strictest confidence, and will not disclose it by any means to any person except with the IAFF's written approval, and only to the extent necessary to perform under this Agreement. This prohibition also applies to South Bend Fire Department's employees and agents. Article 9 The TAFF has copyrighted the TAFF Fire Ground Survival (FGS) Program in order to prevent unauthorized use of this Program. The IAFF owns the exclusive right to reproduce copies of the TAFF FGS Program; to prepare derivative works from the IAFF FGS Program; to distribute the TAFF FGS Program to the public; and to publicly display this work. The copyright on the IAFF FGS Program is registered with the United States Copyright Office. Because of this registration, the TAFF may involve certain remedies in a lawsuit for copyright infringement. These remedies include actual damages, injunction, any profits realized by the infringer, and statutory damages, including attorneys' fees and litigation costs. The IAFF's copyright on the IAFF FGS Program is also afforded complete protection in Canada pursuant to the Universal Copyright Convention. The TAFF reserves all rights under Canadian and international law for copyright infringement and for any illegal use, distribution, copying and creation of derivative works that are not allowed by this license. The IAFF may invoke certain remedies in a lawsuit for copyright infringement. These remedies include actual damages, injunction, any profits realized by the infringer, and punitive damages. Any use of the TAFF FGS Program is only allowed within the terms and conditions in the licensing agreement described above, which must be strictly adhered to by all licensees. This agreement states that the licensee may only use the IAFF FGS Program in its entirety. 10 This copyright protection extends to any derivative fire ground survival program that is "substantially similar" to the IAFF FGS Program. Further, the IAFF does NOT grant a license for the creation of derivative works, or works that are based on whole or in part on the IAFF FGS Program. This includes works that are written as well as oral. Specific, written permission is necessary from the IAFF in order to create derivative works. While the IAFF may permit the reproduction and reprinting of the IAFF FGS Program upon request, this does not authorize the licensee to reprint or reproduce, in whole or in part, the IAFF FGS Program. Specific, written permission is necessary from the IAFF in order to reprint or reproduce the FGS Program. The IAFF reserves all rights and remedies for copyright infringement for any illegal use, distribution, copying or creation of derivative works that are not covered by this license. The IAFF is entitled to, and will, institute legal action against any infringement of its exclusive rights or its licensing agreement. The remedies for copyright infringement include obtaining an injunction to prevent further infringement and to ensure the destruction of unauthorized copies. They also include the recovery of any damages suffered by the IAFF, recovery of the profits of the infringer, and the recovery of attorneys' fees and costs of the litigation, Article 10 Any notices required to be given under this Agreement by either party to the other must be affected in writing by personal delivery, or by mail, registered or certified postage prepaid, with return receipt requested (or delivery by private carrier e.g. UPS, FedEx, with signature required). Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the day of receipt or the fifth day after mailing, whichever occurs first. Article I 1 If any provision of this Agreement is: (i) held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, or (ii) invalidated by state law enacted after the parties entered into this Agreement, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Article 12 No failure or delay by the IAFF in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. 11 Article 13 South Bend Fire Department is an independent entity, and neither South Bend Fire Department, nor its agents or employees, shall be considered employees or agents of the IAFF. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture or grant of a franchise between the IAFF and South Bend Fire Department. This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity or to make commitments of any kind for the account of or on the behalf of the other, except to the extent and for the purposes provided herein. Article 14 This Agreement will be governed by and construed in accordance with the laws of the District of Columbia. The parties agree that each has drafted and reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any revision or exhibit thereto. Article 15 This Agreement constitutes the entire understanding of the parties concerning the subject matter hereof. This Agreement supersedes any and all prior agreements, either oral or written, between the parties and contains all of the representations, covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, which is not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by the parties. Article 16 The Articles and other headings contained in this Agreement are meant to organize the document and shall not affect in any way the meaning or interpretation of the terms of this Agreement. Article 17 Each person signing below on behalf of any entity hereby represents, warrants and covenants that he/she does so with full and complete authority to so bind the party on whose behalf he/she is signing, to each and every obligation set forth in this Agreement. This Agreement is: 12 a