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HomeMy WebLinkAboutTestmasters Inc dba Systems Computer Training; 2007-11-20;AGREEMENT FOR COMPUTER TRAINING SERVICES TESTMASTERs, INC, dba SYSTEMS COMPUTER TRAINING THIS AGREEMENT is made and entered into as of the c day of 0 y? r\ . 2007, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Testmasters, Inc. dba Systems Computer Training, a California Corporation, ("Contractor"). RECITALS City requires the professional services of a computer training vendor that is experienced in providing instructor-led training on ASP. Net using Visual Basic 2005. 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 6 months from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be seven thousand five hundred sixty six dollars ($7,566.00). 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 City Attorney Approved Version #1 1 .28.06 authorized to transact the business of insurance in the State of California which has a current 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 corporation^ By: iAD, a municipal of California jfsign here) (print nameftitle)ATTEST: (e-mail address) LOR City Clerk tt^.C&^fi^&L JNE M. WOOD ^ T^^Y rk ^—^ .Nv\»«""/////J*sassXC" riT-' .IRK*, ••.•y^ v> (print name/title) f OdX>iA (e-mail address)X,*,X' 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: RONAI L, City Attorney Deputy City Attorney City Attorney Approved Version #11.28.06 EXHIBIT "A" SCOPE OF SERVICES During the week of December 3-7 2007, Systems Computer Training will provide an instructor to conduct training on ASP.Net using Visual Basic 2005 at the City's facility located at 1635 Faraday Ave for a class of 6 students. Training will be conducted from 8:00 a.m. - 5:00 p.m. Monday - Thursday and 8:00 a.m - 12:00 p.m. on Friday. The City will provide a computer for each student and the City will be responsible for ensuring that each computer is setup and configured per the specifications provided by Systems Computer Training. Each machine will minimally contain 1G of memory, 20G of hard drive space and have a 2GHZ processor. Systems Computer Training will provide full courseware for each student. Topics covered will include: Language Fundamentals o Program structure and statements o Data types, identifiers, and operators o Comments, XML comments o Branching and iteration o Working with strings o Arrays, structures, and enumerations o Classes and namespaces, objects o Inheritance, overloading, overriding o Interfaces o Exceptions o Generics, partial types, anonymous methods, and iterators o Refactoring code by using refactoring features o Using My classes to access system and application resources Introduction to ASP.NET o A Review of Classic ASP o ASP.NET Web Applications o Rendering HTML with Server Controls o Data Binding in ASP.NET 2.0 What's New in ASP.NET 2.0 o New Features in ASP.NET 2.0 o Designer Features o Deployment and Configuration Tools o Increasing Productivity Working with Controls City Attorney Approved Version #11.28.06 o Introduction to Web Controls o Simple Input Controls o Hyperlink and Button Controls o List Controls o Controlling Focus Using Rich Server Controls o Introduction to Rich Controls o The Calendar Control o The AdRotator Control o The XML Control Accessing Data *Note: the City is looking to develop ASP.Net applications that will server as front ends for relational databases that reside in MS SQL 2000/2005 so it is important that this section thoroughly cover how to access data (read/write) from a MS SQL server. o Overview of ADO.NET o Connecting to Data o Executing Commands o Working with Data o Choosing an ADO.NET Provider Configuration o Configuration Overview o Using the Web Site Administration Tool o Programming Configuration Files o Encrypting Configuration Section Data Binding o Introducing Data Source Controls o Reading and Write Data Using the SqIDataSource Control o Displaying and Editing Middle-Tier Data using the ObjectDataSource Control o Displaying XML Data Using the XmlDataSource Control Validating User Input o Overview of ASP.NET Validation Controls o Using the Simple Validators o Using the Complex Validators o Summarizing Results with the ValidationSummary Control o Separating Validation into Validation Groups Themes and Master Pages o Creating a Consistent Web Site o ASP.NET 2.0 Themes o Master Pages Site Navigation o Providers and Data Sources City Attorney Approved Version #11.28.06 o Creating an XML Site Map File o Site Navigation Controls o Using the Site Navigation API o URL Mapping o Security Trimming Displaying Data with the GridView Control o Introducing the GridView Control o Filter Data in the GridView Control o Allow Users to Select from a DropDownList in the Grid o Add a Hyperlink to the Grid o Deleting a Row and Handling Errors Managing State o Preserving State in Web Applications o Page-Level State o Using Cookies to Preserve State o ASP.NET Session State o Storing Objects in Session State o Configuring Session State o Setting Up an Out-of-Process State Server o Storing Session State in SQL Server o Using Cookieless Session IDs o Application State Managing Users with ASP.NET'S Membership Features o Using Windows Based Authentication o Introduction to Membership and Roles o Using Membership Controls o Writing Code to Interact with Membership and Roles Debugging ASP.NET Applications o Using the Visual Studio Debugging Features o Handling Errors and Redirecting Users o Debugging Client-Side Script o Debugging SQL Server Code Tracing o Using Page-Level Tracing o Using Application-Level Tracing o Using Web Events o Viewing Information With the Web Development Helper Creating New Controls o Two Kinds of User-Defined Controls o Creating a User Control o A More Complex User Control o Creating a Custom Control o Investigating the StateDropDownList Control City Attorney Approved Version #11.28.06 Improving Performance with Output Caching o The Importance of Caching Declarative Page o Output Caching o Caching Page Fragments o Post-Cache Substitution o Caching Configuration Advanced Caching o A Review of Basic ASP.IMET Caching o Using Code to Implement Caching o Caching Data Rather Than Output o Using Database Dependencies for Cache Expiration o DataSource Control Caching Using the Data List and Repeater Controls o Overview of List-Bound Controls o Creating a Repeater Control o Creating a DataList Control Creating and Consuming Web Services o The Motivation for XML Web Services o Creating an XML Web Service with Visual Studio o Designing XML Web Services o Creating Web Service Consumers o Discovering Web Services Using UDDI City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on \No\A ft Date personally appeared before me, Name and Ti ficer (e.g., "Jane D&s. Notary P ublic") Name(s) of Signer(s) 1SERtNA KM LOGAN Commiwion* 1757222 Notary MW»c - California f San DMgo County D personally known to me (or proved to me on the basis of satisfactory evidence) to be the persor^sj)whose name^pis/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(^, and that by his/her/their signature^) on the instrument the person(§)> or the entity upon behalf of which the person(feT)acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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