HomeMy WebLinkAboutC02-160 Salt Lake City Training AgreementJUN 0 7 2002 CITY E O D ETRAMINGAGREEWNT We Must Have 3 Copies Of This Agreement Completed THIS AgREEMBNT is made and entered'as o Ag' / 3 d w oes — r (Datc)� by and between SALT LAKE CITY CORPORATION, a municipal corporation of the . State of Utah ( "City"), and Ea a County Regional Airport ( "Trainee"). i City owns, and through its Department of Airports operates, the Salt Lake City International Airport ARFF Training Center (the "Center'. Trainee desires to obtain, and the City desires to offer training at the Center. Therefore, for the mutual consideration set forth in the Proposal, the parties hereby agree as follows: ].Training. Trainee requests that City provide training to Trainee's employees as further described in the attached proposal and made a part hereof. 2. Payment. Trainee agrees to pay the sum set forth in the proposal. Payment in full is due immediately prior to the commencement of training. 3. Cancellation. Trainee may cancel the training without charge at any time prior to three business days before training is scheduled to commence. After such time, City reserves the right to charge Trainee for any costs arising as a result of such cancellation. 4. Insurance. Trainee agrees to maintain insurance at all times in amounts sufficient to insure against any injury to persons or damage to property incurred by or caused by Trainee in connection with the training provided to Trainee. Trainee agrees that if any law limits Trainee's liability or insurance, Trainee will pay any sums in excess of such limits. 5. Informed Consent and Release. Trainee understands that there are inherent risks associated with participation in the training. Trainee understands that training activities will require strenuous physical exertion, and any kind of physical exertion can result in personal 04/032002 1 14:38 04 - 04 - 02 06:32 TO:EAGLE AIRPORT OPERATIONS FROM:575 2041 .p injury and or serious illness. Trainee also understands that training activities will expose Trainee's employees to other extreme and potentially dangerous conditions, including but not limited to extremely intense heat, artificial smoke, confined spaces, and the operation of emergency equipment. Upon Trainee's written request, the City will provide a Materials Safety Data Sheet (MSDS) for all chemicals. Trainee represents that the persons listed in Exhibit A are in good health and physical condition, and are capable of participating in the training. Trainee understands that the persons listed in Exhibit A are responsible for consulting their physician before participating in the training, to discuss any concerns they may have with their physicians, to keep their physicians informed of their conditions, to inform the Centers Training officer of any actual or potential problems, and to monitor their own physical condition during an activity. Trainee agrees that Trainee and Trainee's employees voluntarily assume any and all risks associated with the training, and that the City is not responsible,. whether financially or otherwise, for any related injury, harm: or other consequence. Trainee specifically waives and releases an claims against the City and its employees in connection with Trainee's or Trainee's agents' or employees' use of the Center or participation in the training, except for damages or injury resulting from the negligent or intentional acts of the City. 6. indemnity. Trainee agrees to indemnify, save harmless and defend the City, its officers and employees from and against all losses, claims, demands, actions, damages, costs, charges and causes of action of every kind or character, including attorney's fees, to the extent they are caused by Trainee's or trainee's agents' or employees' wrongful, reckless or negligent acts hereunder. 7. Property Damage. Trainee will be responsible for any and all damage 04/03/2002 14:38 04 -04 -02 06:33 TO:EAGLE AIRPORT OPERATIONS FROM:575 2041 P03 A to property belonging to the City and the City's tenants to the extent caused by any act or omission of Trainee or its agents.or employees. Trainee will be responsible for repairing or replacing said damaged, property and will pay the costs therefore. 8. Not City Employees. Neither Trainee nor any of Trainee's employees are an employee of City for any purpose whatsoever. 9. Governing Law. This agreement will be governed by the laws of the. State of Utah, and venue will be in Salt Lake County, Utah. IN WITNESS WII6REOP, the parties have signed this Agreement to be effective as of the day and year first written above. ,qalt Lake "City Depart went of Airports 0 ,U ELL B. PACK )IR OF ADMIN & COMMERCIAL SERVICES rs We County Regional Airport (Trainee) S3 afore .(Tr ' ee's Representative) IY tiCl.VnucnlYb ( Representative's Title or Position) E fC l Airport Manager V\\ P.O. Box 850 11 CITY RECORDER , CO 81631 (Trainee's Return Address) 04/0312002 3 04 - 04 - 02 06:33 rO:EAGLE AIRPORT OPERATIONS 1138 FROM =575 2041 M0 l STATE OF COUNTY OF On the iy.of IT. D v j � Personally appeared before me t t= who being by me duly sworn, did say that she/he is the tk R - c - A _ b h—Y. d that the foregoing instnz t was signed in behalf of said organization; arjd said persons acknowledged to me that said organization executed the same. .1 /I r My Commission Expires: 04/03/2002 1438 04 -04-02 06:34 TO:EAGLE AIRPORT OPERATIONS FROM:575 2041 P05 EM -HBIT A Training Consent and Release Agreement In consideration - of my use of the Salt lake Pity ARFF Ttaihmg Center or my participation in any traintng or activities in connection with the Center, I consent and agree to the foilowingr i. I have requested participation in tr aining offered by Salt Lake City Corporation at the ARFF Training Center. 'I understand that Training may include, among other things, use ofthe burn pit training facilitjr, use of fire fighting equipment, ' ' transportation and meals provided by.fhe -City, and transportation, meals and lodging provided by- parties: not related to the City. It is. entirely. my:vohmtary choice tt participate in the Training and all activities associated with it. I will learn and obey an rules and instructions relating -to the Training and use of-the Center. F am not an employee of Salt Lake City ARFF TYainiirg Center. 2. I understand that there are inherent risks associated with my participation in th training. I understand that Training activities will require strenuous physical exertion, and any kind ofphysical exertion can result in serious injury and /or serious • illness. I also understand those training activities, will expose me to: other extreme and potentially dangerous conditions, including but not limited to extremely intense heat, confined spaces, artificial smoke and the operation of emergency equipment. You may request a copy of the 81)8 for artificial smoke or you may obtain. a copy upon your arrival at the Training. Centel. 3. I represent that I am in good health and-physical condition, and i am capable of participating in the training. I understand that I am responsible for consulting with my physician before participating in the training, to discuss any concerns I may have with my physician to keep my physician informed: of my. condition,. to inform the Training Center OfBeer of any actual or potential problems; and to monitor my own physical condition during any activity- By.partie 'pa ting in th'e training. I agree that I voluntarily not any and all rinks associated with and that SaIt`Lake City is not responsible, ih ether financially or otherwise, for ariy related injury; harm or other consequence. T waiand elcmst Salt Cita its employees, will indemnify and': hold theme harmless from. any and all claims, actions or damages. in connection with my own use. of the ARFF Training Center. or my own P in the training. * READ THIS DOCUMENT CAREFULLY BEFORE SIGNING * Signed_ Printed Name: 04703/2002 DATE, 04 -04 -02 06:34 TO:EAGLE AIRPORT OPERATIONS FROM:575 2941 P06