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Home My WebLink AboutA B CPR & Frist Aid Training Inc; 2008-07-09;AGREEMENT FORCPR & FIRST AID TRAIN ING SERVICES A-B-CPR & FIRST AID TRAINING, INC. AGREEMENT is/nade and entered into as of the 7*" day of 206 Y. by and between the CITY OF CARLSBAD, a municipal corporation, ("OHy"), and A-B-CPR & First Aid Training, Inc.. a corporation. ("Contractor"). RECITALS City requires the professional services of a training company that is experienced in First Aid/CPR and AED instruction and certification. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of six months from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be $45/person. not to exceed five thousand dollars ($5.000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current City Attorney Approved Version #11.28.06 rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General and Automobile liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. Termination. City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version #11.28.06 14. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR *By: CITY OF /EARL^B^D, a municjf corporation/of thejState/ejf Calrfornte By: (sign here) (print name/tit^ A -X " CJ>A (e-mail address) *By: li. ML U U Ur\Y ^ a/T^-Jp -^print name/title) A- fe- (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R.ity Attorney ^Deputy uity Attorney City Attorney Approved Version #11.28.06 11865 Ramsdell Ct. San Diego, Ca 92131 619-281-3304 Proposal: June 12, 2008 Blended CPR & First Aid Training: A-B-CPR & First Aid Training is excited about the opportunity to work with your company. We have been teaching professionals & the public for over 15 years. Our course content has been approved by many organizations within the state: • Emergency Medical Services A uthorlty (EMSA) of California • California Highway Patrol School bus driver program • ACE- American Council of Exercise • California Dental Board • United States Coast Guard We have now created an "Online" training course. The course content is taken via the internet at the students own pace. The Online course is set up in a way in which all the material must be viewed. The student must complete each section as well as pass the written exam, before receiving their completion certificate. The Student must present the online certificate at the skills session. We will come on site with an instructor to set up skills testing for each individual. After demonstrating proficiency in the CPR & First Aid skills the student will then receive a completion card. Online course with onsite skills testing @$45 per person We would be excited to become part of your team's success in the future. Sincerely, Mike Long CEO A-B-CPR EXHIBIT A Carlsbad Police Department CPR, First Aid & BBP Hourly Distribution (4 hrs.) 1.5 hours .5 hours .25 hours .25 hours First Aid • Scene assessment . Bleeding control . Shock . Burns . Fractures, Sprains, Strains . Seizures . Environmental Emergencies . Allergic reactions • Animal and human bites . Diabetic emergencies • Head trauma . Poisoning • Test CPR . Purpose of CPR • Clinical vs. Biological Death . ABC's . Adult CPR . Choking management . Child CPR . Child Choking . Infant CPR . Infant Choking . AED Review . Test/ Certifications Bloodborne Pathogen Objectives What is BBP Osha regulations Methods of compliance Types of BBP How to reduce risk Personal protective equipment Clean up procedures Exposure control plans Reporting Test First Aid Skills testing CPR Skills testing Instructor(s) Internet Internet Internet Instructor Instructor