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HomeMy WebLinkAboutEvergreen Job & Safety Training 2006-08-07EVERGREEN JOB & SAFETY TRAINING Basic Services Agreement This Agreement, entered into between EVERGREEN JOB & SAFETY TRAINING (hereinafter referred to as Evergreen), and the CITY OF UIUAH (hereinafter referred to as Customer), outlines the conditions under which Evergreen will provide job and safety training services to Customer. WHEREAS, Evergreen provides job and safety training services, and WHEREAS, Customer desires to retain Evergreen to provide job and/or safety training services; Now, THEREFORE, Evergreen and Customer agree to the following terms and conditions: I. SERVICES TO BE PROVIDED Evergreen will provide the following job training and/or safety training services to Customer's employees: Core Courses (order of presentation to be determined): Total of sig (6) programs, to be presented during the course of each year of the Agreement period, including, but not limited to, the following: 1. Emergency Response Procedures/Pole Top & Bucket Truck Rescue 2. Substation Safety 3. Hearing Conservation 4. First Aid/CPR 5. URD Operations & Safety 6. Job Briefing & Observation By consent of both parties, the above programs are to be considered tentative and, therefore, are subject to change by mutual agreement between both parties during the course of the Agreement period. Training in subsequent years under this Agreement will be based on scheduled Evergreen training curriculum for those years. Both parties may agree to modify the training schedule according to options provided to Customer by Evergreen. H. COMPENSATION In consideration for the above services, Customer agrees to pay Evergreen according to the following rates: Basic Rate for sig (6) Programs presented during the course of each year of the Agreement period. Total for (6) Programs: $ 9.110.40 Billing Per Meeting: $ 1.518.40 Billing Per Month: $ 759.20 Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to Evergreen supplying said materials. Customer agrees to notify Evergreen, in advance, in the event that Customer desires to have any additional employees, any of its' subcontractors, and/or other agents attend Training Program(s). The Tentative Rate for additional Trainees will be $55.00 / Additional Employee / Meeting. This rate is subject to change, and shall be agreed to between Customer and Evergreen prior to additional Trainees attending any meetings. All rates as shown above will be increased at the rate of four percent (4%) for each of the subsequent years of this Agreement to cover inflationary costs. In the event Customer shall fail to pay any monthly payment due, Evergreen may cease providing services without breach, pending payment or resolution of any dispute. Ill. TERMOFAGREEMENT This Agreement will Terminate on June 30, 2009. Either party to this Agreement has the right to cancel this Agreement for any reason, upon 45 days written notice. Upon such written notice, obligations under this Agreement shall be honored by both parties for 45 days from the date of receipt of written cancellation notice. This 45 -day period may be adjusted upon mutual written consent of both parties. IV. HOLD HARMLESS Customer agrees that the training and recommendations provided by Evergreen are at the option of the Customer to implement, either in part or in entirety. Therefore, Customer holds Evergreen, its employees, agents and /or sub- contractors harmless from any and all claims, actions, suits, demands, agreements, and each of them, if more than one, liabilities, judgments and proceedings both at law and in equity arising from the services outlined in Section L of this Agreement, except for errors and/or omissions due to negligence, and/or any other negligent act on the part of Evergreen, its employees, agents or sub -contractors. V. ENTIRETY This instrument contains the entire agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party that are not contained in this Agreement shall be valid or binding; this Agreement may not be enlarged, modified, or altered except upon written agreement between both parties. Having read the foregoing, the Parties hereby execute this Agreement as indicated by signatures and dates below: EVERGREEN JOB & SAFETY TRAINING Date: 5-17-06 By: . r&tI'_ 57 J. Lindstrom / President 472-100 Richmond Road Susanville, CA 96130 Office Phone: (530) 257-7812 Home Phone: (530) 257-5657 Office Fax: (530) 257-8266 Federal Tax I.D. #: 68-0445263 CITY OF UKIAH Date: cv Print Name / Title 300 Seminary Avenue Ukiah, CA 95482 Office Phone: (707) 462-2971 Office Fax: (707) 463-6204