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1 Service Agreement Hazardous Materials Technician Training August 31 – September 4, 2009 This agreement (“Agreement”) is made on 2009 (“Effective Date”) by and between EMERGENCY RESPONSE TRAINING INSTITUTE (ERTI), a Washington State not-for-profit organization, and CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT). Recitals ERTI provides training and consultation to entities to prepare for emergency and rescue situations. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) seeks training for selected members of their agency as well as those of other agencies on the elements of Hazardous Material technician level response. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) desires to engage the services of ERTI to provide training sessions to prepare members to meet the requirements and standards of a Hazardous Materials Technician per NFPA 472 Chapter 7 and OSHA 29 CFR 1910.120. Agreement 1. Services. ERTI agrees to provide educational and training services to assist in the preparedness of members to assume the duties of a Hazardous Material Technician. 2. Terms of Agreement/Schedule of Training Session. ERTI agrees to provide 90- hour Hazardous Material Technician training session to be held at the MISSOULA FIRE DEPARTMENT Training Center. The first 40-hours of training is a pre-study workbook that will be provided to each student no later than 1 month prior to the training, with the exception of late registrations. Students will be required to complete this workbook prior to the training. ERTI will provide all training materials and will ensure that each student receives a complete packet. ERTI will provide a minimum of 5 instructors, lunch everyday and all the necessary equipment required to accomplish the training objectives with the exception of items CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide per this document.. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide the location. All the training will be held at the MISSOULA FIRE DEPARTMENT Training Center. ---PAGE BREAK--- 2 CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide a classroom large enough for 24 students. This will include all audio and video equipment required for this training. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide unlimited access to its training facility and drill court throughout the week. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide one MC- 306/DOT-406 or MC-307/DOT-407 cargo tank truck that will be used as a training prop for exercises and the Highway and Rail Transportation portion of the training. Due to the amount of information required there is very little down time throughout the training. While students are in the classroom ERTI instructors are setting up the next training evolution. ERTI recognizes that this is an active training facility and that other agency assets could be using portions of the facility. We respectfully request as much notice as possible during the week to adjust if necessary. ERTI would prefer a minimum of 24-hours notice of any potential disruptions to the training. Obviously there are some things that can’t be compromised to ensure the highest quality of training. ERTI will work in cooperation with MISSOULA FIRE DEPARTMENT to ensure all parties accomplish their training objectives with as little disruption as possible. CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will provide access to their air fill station along with a training member to assist in filling bottles. ERTI will request that CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) provide their own Self Contained Breathing Apparatus (SCBA) and 1 spare bottle per student or make arrangements for outside students to provide their own SCBA and spare bottle. ERTI will require access to the classroom and drill court August 30, 2009. This will allow ERTI personnel adequate time to set up prior to the start of training; August 31, 2009. 3. Scope of Training Sessions. The general description and title of the training session is Hazardous Materials Technician Level Training. ERTI will ensure that CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) has limited ability to make minor changes to this program to ensure the training meets CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) and the State of Montana procedures. 4. Proprietary Information. Certain copyrighted and proprietary materials, including but not limited to video-recordings, will be available for internal use by MISSOULA FIRE DEPARTMENT, but may not be reproduced without expressed written consent of ERTI. ---PAGE BREAK--- 3 5. Release of Liability CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) and all training session participants individually and collectively shall agree to and abide by ERTI’s “Voluntary Release of Liability and Notice of Assumption of Risk. At the start of this session ERTI will provide copies of this form for signature to all participants. 6. Non-endorsement of Equipment. ERTI does not formally recommend or endorse any particular brand, distributor, or manufacturer of equipment used during the training session. ERTI will provide a variety of equipment from several manufacturers and distributors for use by participants. 7. Payment. ERTI will provide Hazardous Materials Technician Training to a minimum of 12 and maximum of 24 CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) or other outside personnel for a firm and complete price of: $34.981.20 Total Amount for MISSOULA FIRE DEPARTMENT, $34.981.20 Upon the signing of this contract CITY OF MISSOULA (MISSOULA FIRE DEPARTMENT) will be billed within 10 days for the agreed amount. MISSOULA FIRE DEPARTMENT agrees to pay ERTI the agreed amount no later than 30 days after the completion of this session. 8. Modification/Amendment. No modification, amendment, supplement to, or waiver of this agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties. Specifically both parties must agree to any and all modifications to the scope of training sessions described herein. 9. Entire Agreement and Integration. This Agreement constitutes the entire agreement among the parties and supersedes any other agreements. The undersigned parties hereby agree that the services specified herein shall be provided pursuant to the above terms and conditions. EMERGENCY RESPONSE CITY OF MISSOULA TRAINING INSITUTE By: By: Title: Title: Date: Date: