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HomeMy WebLinkAboutFirst Response CPR; 2015-02-26;INSTRUCTIONAL SERVICES AGREEMENT This Agreement is entered into on ^:()frx/OL^20 . ("Effective Date") between: Felicia Alcantar City of Carlsbad d.b.a. First Response CRR 1200 Carlsbad Village Drive 3170 Madison St. Apt 5 Carlsbad, CA 92008-1989 Carlsbad, CA 92008 Attn: Parks and Recreation Director Attn: Felicia Alcantar (760) 434-2826 949-540-4043 ("City") ("Instructor") 1. Scope of Services. Instructor will provide instruction for the course(s) identified in Exhibit "A" and outlined in Exhibit "B." The course(s) will be held on the day(s) and time(s) and at the location(s) specified in the Carlsbad Community Services Guide. The parties expect the result of Instructor's services to be the enjoyment and increased knowledge, skill, and/or ability of course participants. Instructor has sole control over the manner and means of accomplishing this result; however, the City may monitor Instructor's course(s) to confirm that this result is being achieved and that INSTRUCTOR is complying with the terms of this Agreement. 2. Payment for Services. The City's Parks & Recreation Department will collect the fee specified in Exhibit "A", plus a transaction, and non-resident fee, ifapplicable, from each participant who registers for Instructor's course(s). As payment for Instructor's services. Instructor will receive an amount equal to 60 percent of the fees specified in Exhibit "A" collected for each course, excluding transaction fees, non-resident fees and/or any fees that are refunded. Instructor will be required to set class fees within the current market range, excluding any fees set by City Council. The Carlsbad Parks & Recreation Department reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course, all Instructors must submit an invoice or a written request for payment to the City's Parks & Recreation Department. For all courses or camps, the invoice or request for payment must be submitted after the end of the course. The invoice or request for payment must be accompanied by a copy of the final course roster, and/or department POS drop in revenue report and must include a legible and completed City of Carlsbad Parks and Recreation Payment Request for Services form Failure to enclose the completed form may result in a denial or delay in payment. In most cases, the City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Instructor understands that filing a false claim for payment may subject Instructor to civil penalties under California Government Code sections 12650, et seq., and Carlsbad Municipal Code section 3.32.025. 3. Instructor's Obligations. Instructor's obligations under this Agreement are: (GAG Approved Version 10/21/2013) a. Materials. Equipment and Supplies. Instructor must provide and maintain all materials, equipment, and supplies necessary for conducting Instructor's course(s), except the following, which will be supplied by the City: None. If Exhibit "B" indicates that participants must pay a materials fee or furnish their own materials, the City will include this information in any advertisements about the course(s). However, Instructor is responsible for collecting the materials fee and/or ensuring the participants have the appropriate materials for the course(s). b. Assistant(s). Instructor may utilize, at Instructor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this AgreemenL Instructor may not utilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks and Recreation Director, Recreation Area Manager or designee and, if applicable, providing the City's Parks & Recreation Department with the fingerprint and TB test information discussed in paragraph 3(c) and the certifications discussed in paragraph 3(d) below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the instructor without prior approval of the Recreation Supervisor or Area Manager. Assistants teaching in place of the instructor must be at least 18 years of age. Instructor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. c. TB Test and Background Check. Prior to performing any work under this Agreement, Instructor and Instructor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course is open to minors. Instructor and Instructor's assistant(s) must complete a criminal history background check. The criminal history background check requires Instructor and Instructor's Assistant(s) to have Live Scan fingerprints processed by the Parks & Recreation Department. Should Instructor or Instructor assistant(s) criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Instructor or Instructor's assistant(s) from performing future instructional services for the City. d. Certifications. Instructor and Instructor's Assistant(s) must provide the Parks & Recreation Department with the following certifications, which must remain valid throughout the duration of this contract: [INSERT LIST OF CERTIFICATIONS]. If any certification(s) will expire during the term of this Agreement, Instructor and Instructor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. e. Compliance with Applicable Law. Instructor and Instructor's Assistant(s) will comply with all applicable federal, state, and local laws, rules, and regulations. If a course is open to minors, making Instructor and Instructor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165.7(a), Instructor and Instructor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "D" to this AgreemenL f. Conflicts of Interest. Instructor is not required to file a conflict of interest statement as a condition of this Agreement. However, Instructor is responsible for complying with the Political Reform Act and the City's Conflict of Interest Code. Nothing in this Agreement releases Instructor from this responsibility. 2 (GAG Approved Version 10/21/2013) g. Business License. Instructor will obtain a City of Carlsbad business license and maintain it for the duration of this Agreement. h. Insurance: Contractor will obtain and maintain a policy of commercial general liability insurance in the amount of not less than one million dollars. Contractor will obtain occurrence coverage which is primary and does not require any contribution from the City's coverage. The policy shall be placed with an insurer that is an admitted carrier in California with a rating in the most recent Best's Key rating guide at least A-: VII, or with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at least A: X. The policy is to contain, or be endorsed to contain the following: i. Athletic Participant/Participant Legal Liability coverage if there are athletic participants ii. The City, its officials, employees and volunteers are additional insured's as respects liability arising out of work or operations performed by or on behalf of the Contractor. iii. Coverage shall not be canceled or materially changed except after ten (10) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. iv. Sexual Abuse and Molestation i. Indemnity. Instructor agrees to indemnify, defend and hold the City (including its officers, employees, agents, volunteers, and elected officials) harmless from all claims, demands, losses, damages, costs, expenses, obligations and liabilities, including attorney fees, for personal injury, death, or property damage arising out of the services performed by Instructor and/or Instructor's assistant(s) under this Agreement. j. Ratio. Instructor is responsible for maintaining the following adult to child ratios: i. Classes a. 1 Instructor for 20 students (Ages 5 and up) at most b. 1 Instructor for 8 students (Ages 4 and below) at most ii. Camps a. 1 Instructor for 15 students (Ages 5 and up) at most b. 1 Instructor for 6 students (Ages 4 and below) at most k. Rules and Safetv. Instructor will be required to comply with the Carlsbad Parks & Recreation Department's Safety Rules and participate in the mandatory Contractor Instructional Services Agreement renewal meeting each year. (See 2015 Instructor Information Booklet) Instructor is also required to have all participants in classes or camps sign in and out by an authorized adult if the participant is a minor. 4. City's Obligations. The City's obligations under this Agreement are as follows: a. Registration and Collection of Fees. The City's Parks & Recreation Department will process the registration forms and collect the registration fees from those who register for Instructor's course(s). Instructor may not collect registration fees on behalf (GAG Approved Version 10/21/2013) of the City. Instructor is required to comply with the Parks & Recreation Department's registration policies. b. Course Roster. Prior to the first class date, Instructor will pull rosters from ActiveNet, at https://apm.activecommunities.com/citvofcarlsbad. Instructor will verify the information contained on the roster against actual attendance on the first class date and report any discrepancies to the City's Parks & Recreation Department by the end of the next business day. The Instructor will then prepare a final roster, which will determine the payment for Instructor's services under paragraph 2. Instructor will not allow a person to participate in a course unless the person appears on the course roster and has signed an annual liability waiver form. c. Course Advertisement. The City's Parks and Recreation Department will advertise the Instructor's course(s) in the upcoming Community Services Guide(s) and in any other manner the City determines is appropriate. Instructor may also advertise Instructor's course(s) in any manner Instructor determines is appropriate, subject to the prior approval of the Parks & Recreation Director, a Recreation Area Manager or designee. Marketing materials must be submitted to the Parks & Recreation Department for approval at least 14 days prior to distribution. (See - 2015 Instructor Information Booklet). d. Attendance. Prior to the first class date of each course, the Instructor will go online at registration website to print a class attendance sheet. Instructor will mark each day's attendance on the class attendance sheet and submit the completed attendance sheet to the City's Parks & Recreation Department at the end of the course. Instructors are responsible for contacting participants who have not attended the first class and notify the Instructional Class Division. Sheets may be dropped in the facility mailbox prior to leaving for the evening on the last class of the course. 5. Use of Citv Facilities. The City will allow Instructor to use the City facility(ies) identified in the Carlsbad Community Services Guide on the day(s) and at the time(s) indicated. The City will also provide an on-site location for Instructor to receive messages from the participants in Instructor's course(s). The rules for use of the facility(ies) are contained in Exhibit "C." Instructor is responsible for ensuring Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. If any injury, lost child, or property damage occurs during a class or camp, Instructor must promptly report the injury, lost child, or property damage to the facility attendant on duty (after any necessary first aid or emergency services are rendered). The 2015 Instructor Information Booklet provide specific instructions on how to handle emergencies. The Instructor will also report as a witness on the injury/incident report. If there is no facility attendant on duty. Instructor must report the injury, lost child, incident, or property damage to the Parks & Recreation Director, a Recreation Area Manager or designee immediately. 6. Canceling Course(s). The City's Parks & Recreation Director, a Recreation Area Manager or designee, after first notifying Instructor, may cancel a course if the City does not receive registration forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first class date for a course. Instructor will not be compensated for any course canceled due to low enrollment. 4 (GAG Approved Version 10/21/2013) 7. Canceling or Rescheduling Class Date(s). Instructor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director, Recreation Area Manager or designee. 8. Termination of Agreement. This Agreement shall terminate upon the occurrence of one of the following events: (1) the course has concluded; (2) the course was canceled pursuant to Section 6 above; (3) the Instructor has failed to perform as required by this Agreement; (4) the Instructor has performed unsatisfactorily; or (5) for any reason so long as the terminating party has provided at least 30 days written notice to the non-terminating party; but by no later than August 31, 2015. If the Agreement is terminated after a course is completed. Instructor will be paid for the course in accordance with paragraph 2. If the Agreement is terminated before a course is started. Instructor will not be paid for the course. If the Agreement is terminated after a course has started, but before it is completed. Instructor will be paid in accordance with paragraph 2, except that the payment will be prorated. 9. Status of Instructor and Instructor's Assistant(s). Instructor and Instructor's assistant(s) are independent contractors and not employees of the City. Instructor and Instructor's assistant(s) are not entitled to the rights or benefits afforded to City employees, including disability or unemployment insurance, workers' compensation, health insurance, sick leave, or any other employment benefit. Instructor is responsible for paying when due any wages owed to Instructor's assistant(s) as well as any taxes, unemployment insurance, and/or workers' compensation required by law for Instructor or Instructor's assistant(s). On request, Instructor will provide the City with proof of timely payment. Instructor agrees to indemnify, defend, and hold the City (including its officers, employees, agents, volunteers, and elected officials) harmless from all claims, demands, losses, damages, costs, expenses, obligations and liabilities, including attorney fees, caused by Instructor's failure to comply with this paragraph. Nothing in this Agreement precludes Instructor or Instructor's assistant(s) from performing similar services for other entities. 10. Assignment or Delegation. Instructor may not assign any of Instructor's rights or delegate any of Instructor's duties under this Agreement to another party without the prior written approval of the City's Parks & Recreation Director or designee. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreement. This Agreement may not be modified except in writing signed by both of the parties. 12. Notices. Notices between the Instructor and the City may be made by either personal delivery, email or by first-class mail. Mailed notices must be sent to the addresses listed in the introductory paragraph, unless changed in writing in accordance with this paragraph. Personally delivered notices will be considered communicated on the day they are actually received. Emailed or mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. 5 (GAG Approved Version 10/21/2013) 13. Copyrights. Instructor agrees that all copyrights that arise from the services will be vested in City and Instructor relinquishes all claims to the copyrights in favor of City. CITY: By: Chni Uaz^a^ Date Parks & Recreation Director Accepted and agreed: INSTRUCTOR: Bv: ftltg^ Aic^^vW il'^//^ (Type Instructor Name) Date Instructor (The above signature(s) must be notarized.) Note: If Instructor is a corporation, this Agreement must be signed by: (1) the corporation's chairman, president or vice-president; and (2) the corporation's secretary, assistant secretary, chief financial officer, or assistant treasurer. Othenwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal authorizing the officer(s) signing this Agreement to bind the corporation. APPROVED AS TO FORM: CELIA i)fC^b<bVVtK, ujiy^torney City Attorney (GAG Approved Version 10/21/2013) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countv of <iA ti0^^^ On ^J^^J^ U>^^ before me, t>iy^ ^AC? /sbr^^^W^vr^^ Date personally appeared Here Insert Nam's and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person;(sJ whose namefs) isMre subscribed to the within instrument and acknowledged to me that hf/she/Jhey executed the same in hi^her/tbeir authorized capacity(i^), and that by h^S/her/Jheir signature(^n the instrument the person(^, or the entity upon behalf of which the person(af acted, executed the instrument. OFFICIAL SEAL DAftEN VASS NOTARY PUBLIC-CALIFORNIA COMM. NO. 2087484 8AN DIEQO COUNTY MY COMM. EXP. NOV. 21,2018 1 j I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hancLand official seal Signature' gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this infomiation can deter alteration ofthe document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Carlsbad Parks & Recreation Department Scope of Service Instructor Name: Felicia Henry Address: 3170 Madison St Apt 5 Phone: 949-540-4043 E-Mail: firstrewsponsecprl@gmail.com DOJ: 12/23/14 TBTest: 12/19/14 Assistant(s) Name: DOJ: TBTest: Class/Camp Title: Friends and Family Child/Infant CPR Description: The Family & Friends CPR Course teaches the lifesaving skills of Hands-Only CPR, child CPR with breaths, child AED use, infant CPR and relief of choking in, child or infant. Skills are taught in a dynamic group environment by using the AHA's research- proven practice-while-watching technique, which provides students with the most hands- on CPR practice time possible. Students will receive a booklet and Certificate of completion from the American Heart Association. Fees: $35 Min: 3 Max: Any Class/Camp Title: Heartsaver CPR AED Description: This classroom course teaches basic CPR skills such as performing a head tilt- chin lift and giving compressions and breaths. Also the use of an AED. The course provides training for anyone who wants to learn basic CPR and obtain a Heartsaver course completion card, this is a two year certification with the American Heart Association. Fees: $32 + Material Fee $15 Min: 3 Max: 18 Class/Camp Title: Heartsaver First Aid Description: Heartsaver First Aid is a classroom, video-based, instructor-led course that teach students critical skills to respond to and manage an emergency in the first few minutes or until emergency medical services (EMS) arrives. Students will receive a 2 year certification with the American Heart Association. Fees: $48 + Material Fee $15 (Excluded if signed up for Heartsaver CPR AED course) Min: 3 Max: 18 Exhibit A-Scdpe of Service 03/11 City of Carlsbad Parks & Recreation Department Scope of Service Friends and Family Child/Infant CPR Course Agenda Introduction 8:30-8:40 Child CPR AED (35 minutes) 10:25-11:00 Infant CPR (1 hour 10 minutes) 11:00-12:10 Heartsaver CPR AED Course Agenda Introduction 8:30-8:40 Adult CPR AED (1 Hour 30 minutes) 8:40-10:10 Break 10:10- 10:25 Child CPR AED (35 minutes) 10:25-11:00 Infant CPR (1 hour 10 minutes) 11:00-12:10 Heartsaver First Aid Course Agenda Introduction 8:30-8:35 First Aid Basics (50 minutes) 8:35-9:25 Medical Emergencies (55 minutes) 9:25-10:20 Injury Emergencies (55 minutes) 10:20-11:15 Exhibit A-Scope of Service 03/11 City of Carlsbad Parks & Recreation Department Course Outline Heartsaver Courses The AHA's Heartsaver First Aid, CPR, AED and Bloodbome Pathogens (BBP) courses for workplace training are offered, in classroom settings, in English. Our First Aid and BBP courses are designed to meet OSHA requirements. Heartsaver Classroom Courses Heartsaver CPR AED This classroom course teaches basic CPR skills such as performing a head tilt- chin lift and giving compressions and breaths. Course Content Adult CPR and AED use Key changes reflecting the new science from the 2010 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Optional modules in child CPR and AED use and infant CPR, including child and infant choking Optional written test Heartsaver First Aid This classroom course teaches basic first aid and is designed to meet OSHA regulations. First aid basics including: • scene safety • finding the problem • calling for help (and more) Medical emergencies including: • actions for choking • breathing problems • shock (and more) Injury emergencies including: • actions for bleeding • broken bones • burns (and more) Environmental emergencies including: • actions for bites and stings • temperature-related and poison emergencies Heartsaver First Aid CPR AED Exhibit B-Course Outline City of Carlsbad Parks & Recreation Department Course Outline This classroom course is basic first aid, CPR, and AED skills and is designed to meet OSHA requirements Key changes reflecting the new science from the 2010 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Adult CPR and AED use Environmental emergencies First aid basics Injury emergencies Key changes reflecting the new science from the 2010 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Medical emergencies Optional modules in child CPR and AED use and infant CPR Optional written test Heartsaver Pediatric First Aid CPR AED This course is designed to meet the regulatory and credentialed training requirements for child care workers in all 50 states. This course teaches basic firat aid, CPR and AED skills for children. Pediatric first aid basics Illnesses and injuries (topics include but are not limited to) Bleeding and bandaging Allergic reactions How to use an epinephrine pen Asthma Drowning Bites and stings Burns CPR AED and choking CPR and AED for children How to help a choking child CPR for infants How to help a choking infant CPR and AED for adults (optional) How to help a choking adult (optional) Exhibit B-Course Outline