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HomeMy WebLinkAbout25783COUNTY OF FRESNO DATE: 411 12009 THlS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED B!iffmE TO THE COUNN'S PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: P-09-115-H VENDOR NUMBER: 0000031804 CONTRACT TITLE: Child Passenger Safety Restraint Instruction NAME I ADDRESS: Kimberly Wilson dba Babysafe of Fresno 2037 W. Bullard, #301 Fresno, CA 9371 1 CONTRACT PERIOD: USING AGENCIES: Dept of Public Health TERMS: Net 45 Days DEUMRY TERMS: DEUMRY TIME: BUYER: CONTRACT VALUE: LOCATION: H - Patricia J. Flaherty a k4dq $6,700.00 Annual Maximum REPRESENTATNE: Kimberly Wilson TELEPHONE: (559) 432-2223 FAX: E-MAIL: BOARDlOROUPlSTATE CONTRACT NO: REQUISITION NO'S: 5629001 101 ah [7 Cancellation Reference: [7 ~enewal [7 S holt Term Tic Date: ~12/if2013 n~djustment Evergreen Code: 952 n~dd0n ill REPORTS: None Org: 56201748 Supersedes 270042H COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: Provide child passenger restraint educational program and distribution of child passenger restraints through Child Ride Safe Program. See attached agreement. SPECIAL C0NDITK)NS FOR USE: 'AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, thii ~~t will automatically renew for one year on July 1, 2010, July 1,201 1, July 1,2012 and July 1, 2013. DlSTRlBllTlON REQUESTED/BY/DATE ADDITIONAL DlSTRlBWlON CONTRACT FILE &I BWER vm ArnrrOR DEPARTMENT FubkHealh REQlAS~lONER SaKka Man Extract Page 1 of I AGREEMENT THIS AGREEMENT is made and entered into this 2 qCLday of fi aR ch ,2009, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and KIMBERLY WILSON d.b.a. BABYSAFE OF FRESNO, a Sole Proprietorship, whose address is, 2037 West Bullard #301 Fresno, California 9371 1, hereinafter,referred to as "CONTRACTOR. WITNESSETH: WHEREAS, COUNTY, through its Department of Public Health's (DPH) Maternal, Child and Adolescent Health (MCAH) Program, is in need of an independent contractor for professional educational services relating to child passenger safety restraint systems; and WHEREAS, COUNTY, through its Child RideSafe Program, is responsible for providing community education for Fresno County residents, and a program for loan or low-cost purchase of child passenger safety restraint systems for economically disadvantaged families in Fresno County; and WHEREAS COUNTY, through its Child RideSafe Program, desires to provide instruction and education for violators of Vehicle Codes 15620,27360,27360.5, or 27362; and WHEREAS, CONTRACTOR is willing and able to provide services required by COUNTY, pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. DEFINITIONS For the purposes of this Agreement, the parties agree that the definitions set forth in this section shall govern the meaning of these terms in this Agreement. A. "Violator" refers to an individual who has been cited for violating Vehicle Codes 15620,27360,27360.5, or 27362 regarding child passenger safety andlor children left unattended in a vehicle. B. MCAH client. "Attendee" refers to any Fresno County resident who is not a violator or a COUNTY OF FRESNO Fresno. CA C. "MCAH Client" refers to individuals referred to the CONTRACTOR by COUNTY'S MCAH Program. D. "Economically Disadvantaged" refers to a violator or attendee whose income is no more than three hundred percent (300%) above the current Federal poverty level. 2. CONTRACTOR RESPONSIBILITIES A. CONTRACTOR shall perform educational classes relating to the importance of child passenger safety restraints, including but not limited to, demonstrating the correct way to secure a child passenger safety restraint system. A copy of the manufacturer's instructions will be provided for each child passenger safety restraint system distributed to MCAH clients and for each child passenger safety restraint system purchased by economically disadvantaged violators and attendees. MCAH clients may be accompanied by a family memberlcoach when attending the educational classes at no additional cost to the COUNTY. B. CONTRACTOR shall provide instruction on the correct way to secure a child in the child passenger safety restraint system. C. CONTRACTOR shall provide instruction on the importance of using a child passenger safety restraint system correctly on every ride and that failure to do so will result in the child not being properly protected (VC 27360 and 27360.5). D. CONTRACTOR shall provide instruction on the dangers of leaving young children unattended in motor vehicles (VC 15620). E. CONTRACTOR shall be responsible for obtaining the "Release of Liability and Indemnification Agreement" form identified as Exhibit A, attached hereto and by this reference incorporated herein, from each MCAH client, attendee, and violator that receives a child passenger safety restraint system from CONTRACTOR. CONTRACTOR shall review Exhibit A with said MCAH clients, attendees and violators, and sign as witness to said signature. F. CONTRACTOR shall provide one (1) child passenger safety restraint system to each MCAH client completing the educational classes conducted by CONTRACTOR, as described herein. Should a MCAH client be expecting multiple births, one (1) child passenger safety restraint system shall be provided for each child. There shall be a minimal reimbursement from the MCAH COUNTY OF FRESNO Fresno. CA clients to CONTRACTOR for the child passenger safety restraint systems. G. CONTRACTOR shall provide child passenger safety restraint systems to violators and attendees determined to be economically disadvantaged upon completion of the educational classes conducted by CONTRACTOR, as described herein. H. CONTRACTOR shall conduct a minimum of two (2) educational classes for violators and attendees at locations in rural Fresno County that are mutually agreed upon between COUNTY and CONTRACTOR with a minimum of twelve (1 2) in attendance at each educational class. I. In addition, CONTRACTOR shall perform all services and fulfill all responsibilities as identified in Exhibit B, attached hereto and by this reference incorporated herein. 3. COUNTY RESPONSIBILITES COUNTY shall provide child passenger safety restraint systems to CONTRACTOR at no cost to CONTRACTOR. 4. TERM This Agreement shall become effective July 1,2009 and shall terminate on the 30th day of June, 2010. This Agreement shall automatically be extended for four (4) additional twelve (1 2) month periods upon the same terms and conditions herein set forth, unless written notice of non- renewal is given by CONTRACTOR or COUNTY or COUNTY'S DPH Director, or designee, not later than sixty (60) days prior to the close of the current Agreement term. 5. TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated at any time by giving CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract - COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1) An illegal or improper use of funds; COUNTY OF FRESNO Fresno. CA 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand, or at COUNTY's option, such repayment shall be deducted from future payments owing to CONTRACTOR under this Agreement. C. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DPH Director, or designee, upon the giving of thirty (30) days advance written notice of an intention to terminate. 6. COMPENSATION A. COUNTY's MCAH PROGRAM COUNTY shall pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the rate of Fifteen and No1100 Dollars ($15) per COUNTY MCAH client completing an educational class provided by CONTRACTOR. CONTRACTOR shall collect an additional Fifteen and No1100 Dollars ($15) from each COUNTY MCAH client upon such client's completion of the educational class. There shall be no reimbursement from COUNTY to CONTRACTOR for COUNTY MCAH clients' family members/coaches attending an educational class provided by CONTRACTOR. COUNTY shall pay CONTRACTOR and CONTRACTOR agrees to receive a travel fee of One Hundred and No1100 Dollars ($100.00) for each educational class provided by CONTRACTOR at the two (2) rural Fresno County sites. In addition, COUNTY shall pay CONTRACTOR and CONTRACTOR agrees to receive reimbursement at the current County of Fresno mileage reimbursement rate for travel between CONTRACTOR'S address and the two (2) rural Fresno County sites where educational services shall COUNTY OF FRESNO Fresno. CA be provided by CONTRACTOR. In no event shall the maximum amount of compensation paid to CONTRACTOR by COUNTY for services performed under this Agreement be in excess of Six Thousand Seven Hundred and No1100 Dollars ($6,700.00) for each twelve (12) month period of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. Payments by COUNTY shall be made within forty-five (45) days after receipt and verification of CONTRACTOR'S invoices by COUNTY's Department of Public Health. Invoices shall be paid upon satisfactory completion of all services and deliverables, as determined by COUNTY's DPH Director, or designee. If CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for fbrther compensation. B. COUNTY's CHILD RIDESAFE PROGRAM It is understood by all parties that CONTRACTOR shall have available said child passenger safety restraint systems for violators and attendees determined to be economically disadvantaged who attend the educational classes, for a fee not to exceed Twenty-Five and No1100 Dollars ($25.00) per child passenger safety restraint system, payable to CONTRACTOR by each violator and attendee receiving said child passenger safety restraint system from CONTRACTOR. CONTRACTOR shall be responsible for complying with any applicable sales tax requirements. INVOICING For services related to the COUNTY's MCAH Program, CONTRACTOR shall send monthly invoices, in triplicate, to COUNTY addressed to the County of Fresno, Department of Public Health, P. 0. Box 11867, Fresno, California 93775, Attention: DPH Public Health Nursing Division Manager. Said invoices shall itemize the services provided by CONTRACTOR to COUNTY. 8. INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, COUNTY OF FRESNO Fresno. CA employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters which are directly or indirectly the subject of this Agreement. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 9. MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. However, minor changes as determined by COUNTY'S DPH Director, or designee, may be made with the written approval of COUNTY'S DPH Director, or designee, and CONTRACTOR. Minor changes include, but are not limited to changes that will not significantly alter the responsibilities identified in Paragraph Two (2) and Paragraph Three (3), and changes in addresses to which notices or invoices are to be sent. Any changes to the services shall not result in an increase to the maximum compensation. 10. NON-ASSIGNMENT Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 11. HOLD-HARMLESS COUNTY OF FRESNO Fresno. CA CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents and employees from any and all costs and expenses, including attorneys fees and court costs, damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under this Agreement, and from any and all costs and expenses, including attorneys fees and court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents or employees under this Agreement. CONTRACTOR accepts full responsibility for the care of the child passenger safety restraint system referenced in this Agreement while it is in his or her possession. It is understood that the COUNTY is not responsible for any alterations, changes or modifications that CONTRACTOR may make to said child passenger safety restraint system. It is also understood that COUNTY assumes no liability for any injury or damage that may arise from the furnishing, installation, maintenance or use of any child passenger safety restraint system sold or otherwise fhrnished to a recipient pursuant to this Agreement. In addition, CONTRACTOR agrees to indemnify COUNTY for Federal, State of California andlor local audit exceptions resulting from noncompliance herein on the part of the CONTRACTOR. 12. INSURANCE Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverage including completed operations, product liability, contractual liability, Explosion, Collapse, and Underground (XCU), fire legal liability or any other liability insurance deemed necessary because of the nature of the Agreement. COUNTY OF FRESNO Fresno. CA B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred Thousand Dollars ($500,000) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff (e.g. Ph. .D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability with limits of not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate. I D. Worker's Compensation A policy of Worker's Compensation Insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability 16 1 I insurance naming the County of Fresno, its officers, agents, and employees, individually and 17 1) collectively, as additional insured, but only insofar as the operations under this Agreement are 18 concerned. Such coverage for additional insured shall apply as primary insurance and any other I I 19 1 I insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be 20 11 excess only and not contributing with insurance provided under the CONTRACTOR'S policies herein. 21 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance I I 22 1 I written notice given to COUNTY. 23 11 Within thirty (30) days from the date CONTRACTOR signs this Agreement, 24 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the I I 25 foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box I I 26 11 11867, Fresno, California, 93775, Attention: Contracts Section - 6th Floor, stating that such insurance 27 I I coverages have been obtained and are in fill force; that the County of Fresno, its officers, agents and 28 employees wili not be responsible for any premiums on the policies; that such Commercial General COUNTY OF FRESNO Fresno. CA Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under the CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 13. RECORDS CONTRACTOR shall maintain all programmatic records. Such records shall be retained by CONTRACTOR for a period of three (3) years after expiration or termination of this Agreement. Records shall be the property of the CONTRACTOR. 14. REPORTS CONTRACTOR shall submit monthly reports by the tenth (loth) of each month to County of Fresno, Department of Public Health, Attention: Child RideSafe Program Coordinator, P.O. Box 11867, Fresno, California 93775. Reports shall include the following: A. Listing of names, addresses, phone numbers, ages, ethnicities, and languages of all violators/attendees that completed the educational classes during the previous month. B. Documentation of the number and type of child passenger safety restraint systems distributed during the previous month. C- Documentation of the number of educational sessions conducted during the COUNTY OF FRESNO Fresno. CA previous month. D. Documentation to the COUNTY'S Child RideSafe Program Coordinator on program progress and/or improvement ideas. 15. COMPLIANCE WITH STATE REQUIREMENTS CONTRACTOR recognizes that COUNTY operates its MCAH program under certain policies and procedures with the State of California Department of Health Services, identified as Maternal and Child Health Branch Fiscal Year 2008-09 Agency Allocation Policies and Procedures incorporated herein by reference, and that under said policies and procedures the State of California imposes certain requirements on COUNTY and its subcontractors. CONTRACTOR acknowledges review of said policies and procedures and shall adhere to the State of California requirements identified in said policies and procedures, as appropriate to CONTRACTOR. 16. PROPERTY OF COUNTY Upon termination or expiration of this Agreement, any child passenger safety restraint systems andlor educational materials/documents given by COUNTY to CONTRACTOR, as required for the services provided under this Agreement, but not distributed by CONTRACTOR under the terms of this Agreement, shall be returned to the COUNTY'S MCAH Program and Child RideSafe Program as appropriate. 17. CONFlDENTIALITY All services performed by CONTRACTOR under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 18. LICENSESICERTIFICATION CONTRACTOR shall throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United State of America, State of California, Fresno County and any other applicable government agencies. CONTRACTOR shall notify COUNTY immediately in writing of its inability to obtain or maintain such licenses, pennits, approvals, certificates, waivers and exemptions, irrespective of the pendency of any appeal related COUNTY OF FRESNO Fresno. CA. thereto. Additionally, CONTRACTOR shall comply with all other applicable laws, rules or regulations, as any may now exist or be hereafter changed. 19. NON-DISCRIMINATION During the performance of this Agreement, CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical disability, medical condition, sexual 7 1 I orientation, marital status, age or gender, pursuant to all applicable State of California and Federal 8 statutes and regulations. I I 20. AUDITS AND INSPECTIONS CONTRACTOR shall at any time during business hours, and as often as the COUNTY 11 I I may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure 14 CONTRACTOR'S compliance with the terms of this Agreement. I I If this Agreement exceeds Ten Thousand and No/ 100 Dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under contract (Government Code section 8546.7). 21. NOTICES The persons having authority to give and receive notices under this Agreement and their I I addresses include the following: COUNTY Director, County of Fresno Department of Public Health P. 0. Box 1 1867 Fresno, CA 93775 CONTRACTOR Kimberly Wilson, d.b.a. BabySafe of Fresno 2037 West Bullard #301 Fresno, CA 937 1 1 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement, or by law, shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to such party. COUNTY OF FRESNO Fresno, CA I 22. GOVERNING LAW The parties agree that, for the purposes of venue, performance under this Agreement is to be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 23. SEVERABILITY The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 24. ENTIRE AGREEMENT This Agreement, including all Exhibits, and CONTRACTOR'S response thereto, constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. I// /// //I /I/ //I //I //I /// /I/ /I/ /// I// I// COUNTY OF FRESNO Fresno. CA IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. ATTEST: CONTRACTOR. KIMBERLY WILSON, d.b.a. BABYSAFE OF FRESNO u u Print Name: Title: w-e 1( Chairman of the Board, or President, or any Vice President Date: 3) \ g (0 4 Tax I.D. No.: 77-0463387 Mailing Address: 2037 West Bullard #301 Fresno, CA 937 1 1 Phone No.: (559) 432-2223 COUNTY OF FRESNO COUNTY OF FRESNO Fresno. CA APPROVED AS TO LEGAL FORM: KEVIN BRIGGS INTERIM COUNTY COUNSEL APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR REVIEWED AND RECOMMENDED FOR APPROVAL: Department of Public Health Fund/Subclass: Organization: Account #: Requisition #: SA 5206 mult COUNTY OF FRESNO Fresno. CA Exhibit A Page 1 of 2 Release of Liability and Indemnification Agreement I hereby acknowledge receipt of a child passenger safety restraint system from Kimberly Wilson d.b.a. BabySafe of Fresno, hereinafter referred to as "BABYSAFE". I understand and agree that the County of Fresno is not a dealer of said restraint systems nor a participant for profit in the distribution of said restraints systems. Initial in the space provided after you have read and understand the statement. 1. I have been shown by BABYSAFE and understand the correct way to secure the child passenger safety restraint system in my vehicle according to the manufacturer's instructions. I have been provided a copy of the instructions for the restraint system and have read and understand the instructions. Initials (Instructor) Witness 2. I have been instructed by BABYSAFE and understand the correct way to secure a child in the restraint system according to the manufacturer's instructions. Initials (Instructor) Witness 3. All straps, buckles and other items necessary for the proper use of the child passenger safety restraint system, as described in the instructions, have been provided to me by BABYSAFE. The restraint system and all necessary items have been tested for correct operational use. Initials (Instructor) Witness 4. I understand that it is important to use the child passenger safety restraint system correctly on every carlvehicle ride. I understand that failure to do so means the child will not be properly protected. I agree to use this child passenger safety restraint system for its intended purposeluse only. Initials (Instructor) Witness Exhibit A Page 2 of 2 5. I have no information that the County of Fresno exercises any control over the manner in which BABYSAFE distributes the restraint system, or the manner in which BABYSAFE instructs the recipient as to the proper use of the restraint system. I understand that as to those details, BABYSAFE exercises exclusive control. Initials (Instructor) Witness I agree to use the restraint system only as instructed by the manufacturer. I agree that I will not bring any claim against the County of Fresno or any or all of its agencies, agents, employees, servants or representatives for any damages arising out of use of the restraint system. I agree to defend and indernnifL the County of Fresno and any or all of its agencies, agents, employees, servants or representatives, against any and all claims, actions, attorney fees and costs, in the event any claim is brought by or on behalf of any member of my family arising out of use of the restraint system. This agreement is binding upon my heirs, successors and assigns. Recipient of Restraint System (signature) Witness (Instructor signature) Kimberly Wilson, dba BabySafe of Fresno Date Date Exhibit B Page 1 of 2 SCOPE OF WORK Description of Services Instruction will include verbal and written instruction regarding child passenger safety issues, laws, and techniques, as well as instruction and demonstration of proper restraint system installation and use according to manufacturer's instructions. Classes will take place at sites mutually agreed upon by COUNTY and CONTRACTOR. CONTRACTOR will provide Spanish language interpreters for Spanish-speaking only violators/attendees. COUNTY purchases child passenger safety restraint systems and makes these available to the CONTRACTOR at no cost. If a violatorlattendee does not have a child passenger safety restraint system for their child, and meets the financial eligibility criteria established by the COUNTY, the CONTRACTOR may provide them with a low-cost child passenger safety restraint system. Distribution of child passenger safety restraint systems to eligible violators/attendees shall be limited to: one (1) child safety restraint system per family unless instructor determines otherwise. If CONTRACTOR is unable to make a determination regarding the distribution of child passenger safety restraint systems, the CONTRACTOR shall contact COUNTY's Child RideSafe Coordinator for assistance. Contractor Requirements CONTRACTOR shall: A. Schedule at least two (2) educational classes during each month of this Agreement; B. Provide education in accordance with Education Program Curriculum Guidelines outlined in Section 111; C. Pick up child passenger safety restraint systems from COUNTY's warehouse and transport said child passenger safety restraint systems to education site; D. Assume ownership and responsibility of said child passenger safety restraint systems when CONTRACTOR obtains them from the COUNTY's warehouse; E. Provide storage for unused child passenger safety restraint systems; F. Ensure each child passenger safety restraint system is properly configured for the vehicle in which it is to be installed; G. Assist or supervise recipient on how to install the child passenger safety restraint system; H. Prior to issuing a certificate of completion to violators of Vehicle Code (VC) 27360 and 27360.5, CONTRACTOR shall conduct an inspection on their Exhibit B Page 2 of 2 child passenger safety restraint systems to ensure that it meets applicable federal safety standards and is appropriate for the agelweight of said violators' children. I. Utilize a current recall list and manufacturers' instructions for all child passenger safety restraint systems available from 1996 to the present (available from National Highway Traffic Safety Administration); J. Provide all class participants with educational materials to take home; K. Maintain record of attendance at each educational class session; and L. Maintain copies of class evaluations completed by each violator/attendee/MCAH client. 111. Education Program Curriculum Guidelines: A. Ratio of instructors to violators of VC 15620, 27360,27360.5, and 27362 is a minimum of one (1) instructor to no more than fifteen (15) violators. B. Curriculum shall include the following: 1. At least two (2) hours of instruction (not including paperwork); 2. A summary of laws: VC 15620'23 1 16,273 15,27360,27360.5, and 27362; 3. Utilization of up-to-date video footage, including dummies in crashes and deploying air bags; 4. Instruction on the proper installation and use of child passenger safety restraint systems for children ages 0-15 years.