HomeMy WebLinkAboutAgreement A-18-495 with Kimberly Wilson dba BabySafe of Fresno.pdf Agreement No. 18-495
1 AGREEMENT
2
3 THIS AGREEMENT is made and entered into this 21st day of August 2018, by and between
4 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY", and KIMBERLY WILSON d.b.a BABYSAFE OF FRESNO, a Sole Proprietorship, whose
6 address is 2037 West Bullard Avenue#301, Fresno, CA, 93711, hereinafter referred to as
7 "CONTRACTOR".
8 WITNESSETH:
9 WHEREAS, COUNTY, through its Department of Public Health, Maternal Child and Adolescent
10 Health (MCAH) Program, is in need of an independent contractor for professional educational services
11 relating to child passenger safety restraint systems; and
12 WHEREAS, COUNTY, through its Child RideSafe Program, is responsible for providing community
13 education for Fresno County residents, and a program for loan or low-cost purchase of child passenger
14 safety restraint systems for economically disadvantaged families in Fresno County; and
15 WHEREAS, COUNTY, through its Child RideSafe Program, desires to provide instruction and
16 education for violators of Vehicle Code sections 15620, 27360, 27360.5, or 27362; and
17 WHEREAS, COUNTY, through its Child RideSafe Program, desires to train more car seat
18 technicians; and
19 WHEREAS, CONTRACTOR, has training and certification to provide such services; and
20 WHEREAS, CONTRACTOR, is qualified and is willing to provide such services, pursuant to the
21 terms and conditions of this Agreement.
22 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
23 contained, the parties hereto agree as follows:
24 1. OBLIGATIONS OF THE CONTRACTOR
25 A. CONTRACTOR shall perform educational classes relating to the importance of
26 child passenger safety restraints, including but not limited to, demonstrating the correct way to secure a
27 child passenger safety restraint system. A copy of the manufacturer's instructions will be provided for
28 each child passenger safety restraint system purchased by economically disadvantaged violators and
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1 attendees. MCAH clients may be accompanied by a family member/coach when attending the
2 educational classes at no additional cost to the COUNTY.
3 B. CONTRACTOR shall provide instruction on the correct way to secure a child in
4 the passenger safety restraint system.
5 C. CONTRACTOR shall provide instruction on the importance of using a child
6 passenger safety restraint system correctly on every ride and that failure to do so will result in the child
7 not being properly protected. (Veh. Code, §§ 27360, 27360.5).
8 D. CONTRACTOR shall provide instruction on the dangers of leaving young children
9 unattended in motor vehicles.
10 E. CONTRACTOR shall be responsible for obtaining the "Release of Liability and
11 Indemnification Agreement" form identified as Exhibit A, attached hereto and by this reference
12 incorporated herein, from each MCAH client, attendee and violator that receives a child passenger
13 safety restraint system from CONTRACTOR. CONTRACTOR shall review Exhibit A with each MCAH
14 client, attendee and violator, and sign as witness to his or her signature.
15 F. CONTRACTOR shall provide one (1) child passenger safety restraint system to
16 each MCAH client completing the educational classes conducted by CONTRACTOR, as described
17 herein. Should a MCAH client be expecting multiple births, one (1) child passenger safety restraint
18 system shall be provided for each child. There shall be a minimal reimbursement from the MCAH clients
19 to CONTRACTOR for the child passenger safety restraint systems.
20 G. CONTRACTOR shall provide child passenger safety restraint systems to violators
21 and attendees determined to be economically disadvantaged upon completion of the educational
22 classes conducted by CONTRACTOR, as described herein.
23 H. CONTRACTOR shall conduct a minimum of two (2) educational classes for
24 violators and attendees at locations in rural Fresno County that are mutually agreed upon between
25 COUNTY and CONTRACTOR with a minimum of six (6) registered for each educational class.
26 I. CONTRACTOR shall perform all services and fulfill all responsibilities as identified
27 in Exhibit B, attached hereto and by this reference incorporated herein.
28
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1 J. CONTRACTOR shall utilize Heavy Duty Seat Simulator and be responsible for
2 storage of the item as explained in Exhibit B. Heavy Duty Seat Simulator will remain property of
3 COUNTY.
4 K. CONTRACTOR shall perform Technician Certification Training classes, up to two
5 (2) per year, to certify technicians with knowledge of the importance of child passenger safety restraints
6 and skills to demonstrate the correct way to secure a child passenger safety restraint system.
7 2. OBLIGATIONS OF THE COUNTY
8 A. COUNTY shall provide child passenger safety restraint systems to
9 CONTRACTOR at no cost to CONTRACTOR.
10 3. TERM
11 The term of this Agreement shall be for a period of three (3)years, commencing on the 1 st day of
12 July, 2018 through and including the 30th day of June, 2021. This Agreement may be extended for two (2)
13 additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty
14 (30) days prior to the first day of the next twelve (12) month extension period. The DPH Director or his or
15 her designee is authorized to execute such written approval on behalf of COUNTY based on
16 CONTRACTOR'S satisfactory performance.
17 4. TERMINATION
18 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
19 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
20 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
21 terminated, at any time by giving the CONTRACTOR thirty(30) days advance written notice.
22 B. Breach of Contract- The COUNTY may immediately suspend or terminate this
23 Agreement in whole or in part, where in the determination of the COUNTY there is:
24 1) An illegal or improper use of funds;
25 2) A failure to comply with any term of this Agreement;
26 3) A substantially incorrect or incomplete report submitted to the COUNTY;
27 4) Improperly performed service.
28 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
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1 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
2 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
3 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
4 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
5 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
6 any such funds upon demand.
7 C. Without Cause - Under circumstances other than those set forth above, this
8 Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
9 intention to terminate to CONTRACTOR.
10 5. COMPENSATION/INVOICING
11 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at
12 the rate of One Hundred Fifty and No/100 Dollars ($150.00) per educational class provided by
13 CONTRACTOR. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
14 compensation at the rate of Thirty and No/100 Dollars ($30.00) per COUNTY MCAH client enrolled in DPH
15 Black Infant Health (BIH) program or Fifteen and No/100 Dollars ($15.00) per COUNTY MCAH client not
16 enrolled in BIH who completes an educational class provided by CONTRACTOR. CONTRACTOR shall
17 collect an additional Fifteen and No/100 Dollars ($15.00)from each COUNTY MCAH client not enrolled in
18 BIH upon such client's completion of the educational class. There shall be no reimbursement from
19 COUNTY to CONTRACTOR for COUNTY MCAH client's family members/coaches who attend an
20 educational class provided by CONTRACTOR.
21 COUNTY shall pay CONTRACTOR and CONTRACTOR agrees to receive a travel fee of One
22 Hundred and No/100 Dollars ($100.00)for each educational class provided by CONTRACTOR at the two
23 (2) rural Fresno County sites stipulated in Exhibit B. In addition, COUNTY shall pay CONTRACTOR and
24 CONTRACTOR agrees to receive reimbursement at the current County of Fresno mileage reimbursement
25 rate for travel between CONTRACTOR'S address and the two (2) rural Fresno County sites where
26 educational services shall be provided by CONTRACTOR.
27 CONTRACTOR shall have child passenger safety restraint systems available for violators and
28 attendees determined to be economically disadvantaged who attend the educational classes, for a fee not
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1 to exceed Twenty-Five and No/100 Dollars ($25.00) per child passenger safety restraint system, payable to
2 CONTRACTOR by each violator and attendee who receives said child passenger safety restraint system
3 from CONTRACTOR. CONTRACTOR shall be responsible for complying with any applicable California
4 sales tax requirements in collecting such fees in exchange for the child passenger safety restraint system.
5 CONTRACTOR agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
6 compensation up to Six Thousand and No/100 Dollars ($6,000.00) per Technician Certification Training
7 that CONTRACTOR conducts, up to two (2) per year. CONTRACTOR agrees that such maximum amount
8 covers the costs for the Instructor/s, Co-Instructor/s, materials, equipment and rental of the training
9 locations
10 For services related to the COUNTY'S MCAH Program, CONTRACTOR shall submit monthly
11 invoices in triplicate to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA,
12 93775, Attention: Public Health Nursing Division Manager. Invoices shall itemize the services provided by
13 CONTRACTOR to COUNTY.
14 For services related to the COUNTY'S CHILD RideSafe Program, CONTRACTOR shall submit
15 monthly invoices in duplicate to the County of Fresno, Department of Public Health, P.O. Box 11867,
16 Fresno, CA, 93775, Attention: Child Health and Disability Prevention Deputy Director. Invoices shall itemize
17 the services provided by CONTRACTOR to COUNTY.
18 In no event shall services performed under this Agreement be in excess of Twenty-Two Thousand
19 One Hundred and No/100 Dollars ($22,100.00)for each twelve (12) month period of this Agreement; not to
20 exceed One Hundred Ten Thousand Five Hundred and No/100 Dollars ($110,500.00) during the term of
21 this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services
22 under this Agreement shall be borne by CONTRACTOR. Payment by COUNTY shall be in arrears, for
23 services provided during the preceding month, after a minimum of forty-five (45) days after receipt and
24 verification of CONTRACTOR'S invoices by COUNTY'S Department of Public Health. If CONTRACTOR
25 should fail to comply with any provision of this Agreement, COUNTY shall be relieved of its obligation for
26 further compensation.
27 6. INDEPENDENT CONTRACTOR
28 In performance of the work, duties and obligations assumed by CONTRACTOR under this
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1 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
2 CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
3 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
4 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
5 to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and
6 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
7 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
8 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
9 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
10 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
11 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
12 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
13 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
14 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
15 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
16 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
17 7. MODIFICATION
18 Any matters of this Agreement may be modified from time to time by the written consent of all the
19 parties without, in any way, affecting the remainder.
20 8. NON-ASSIGNMENT
21 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under
22 this Agreement without the prior written consent of the other party.
23 9. HOLD HARMLESS
24 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
25 COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities,
26 claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to
27 perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all
28 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
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1 corporation who may be injured or damaged by the performance, or failure to perform, of
2 CONTRACTOR, its officers, agents, or employees under this Agreement.
3 10. INSURANCE
4 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
5 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
6 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
7 Joint Powers Agreement (JPA)throughout the term of the Agreement:
8 A. Commercial General Liability
9 Commercial General Liability Insurance with limits of not less than Two Million Dollars
10 ($2,000,000.00) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000.00). This
11 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
12 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
13 liability or any other liability insurance deemed necessary because of the nature of this contract.
14 B. Automobile Liability
15 Comprehensive Automobile Liability Insurance with limits of not less than One Million
16 Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
17 any auto vehicles used in connection with this Agreement.
18 C. Professional Liability
19 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
20 M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
21 Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
22 D. Worker's Compensation
23 A policy of Worker's Compensation insurance as may be required by the California Labor
24 Code.
25 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
26 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
27 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
28 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
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1 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
2 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
3 a minimum of thirty (30) days advance written notice given to COUNTY.
4 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
5 employees any amounts paid by the policy of worker's compensation insurance required by this
6 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
7 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
8 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
9 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
10 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
11 foregoing policies, as required herein, to the County of Fresno, (Name and Address of the official who will
12 administer this contract), stating that such insurance coverage have been obtained and are in full force; that
13 the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
14 policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents
15 and employees, individually and collectively, as additional insured, but only insofar as the operations under
16 this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance
17 and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,
18 shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein;
19 and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
20 written notice given to COUNTY.
21 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
22 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
23 Agreement upon the occurrence of such event.
24 All policies shall be issued by admitted insurers licensed to do business in the State of California,
25 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
26 FSC VI or better.
27 11. AUDITS AND INSPECTIONS
28 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may
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1 deem necessary, make available to the COUNTY for examination all of its records and data with respect to
2 the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit
3 the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S
4 compliance with the terms of this Agreement.
5 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
6 the examination and audit of the Auditor General for a period of three (3) years after final payment under
7 contract (Government Code Section 8546.7).
8 12. NOTICES
9 The persons and their addresses having authority to give and receive notices under this Agreement
10 include the following:
11 COUNTY CONTRACTOR
COUNTY OF FRESNO Kimberly Wilson, d.b.a.
12 Director, Department of Public Health BabySafe of Fresno
PO Box 11867 2037 West Bullard Ave#301
13 Fresno, CA 93775 Fresno, CA 93711
14 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
15 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
16 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
17 personal service is effective upon service to the recipient. A notice delivered by first-class United States
18 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
19 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
20 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
21 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
22 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
23 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
24 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
25 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
26 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
27 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
28 beginning with section 810).
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1 13. GOVERNING LAW
2 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
3 California.
4 The rights and obligations of the parties and all interpretation and performance of this Agreement
5 shall be governed in all respects by the laws of the State of California.
6 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
7 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
8 or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
9 to operate as a corporation.
10 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions
11 that they are a party to while CONTRACTOR is providing goods or performing services under this
12 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
13 and in which one or more of its directors has a material financial interest. Members of the Board of
14 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
15 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by
16 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
17 immediately thereafter.
18 15. ENTIRE AGREEMENT
19 This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with
20 respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals,
21 commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless
22 expressly included in this Agreement.
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1 IN WITNESS WHEREOFjhe parties hereto have executed this Agreement as of the day and year
2 first hereinabove written,
3
4 CONTRACTOR COUNTY OF FRESNO
5
7 (A thoriz d Signature) Sal uin
8 Ch of a Board of Supervisors
_ } of the County of Fresno
9 Print Name &--Iltle
Date
11
Mailing Address: ATTEST:
12 2037 West Bullard#301 Bernice E. Seidel
Fresno, CA 93711 Clerk of the Board of Supervisors
13 Phone#: (559)432-2223 County of Fresno, State of California
14 Contact: Kimberly Wilson
15
16 By:
bC45uty
17 FOR ACCOUNTING USE ONLY:
18 ORG No.:
19 56201700 ($2,700.00)
56,201706 ($1,000.00)
20 56201748 ($1,000..00)
56201617 ($17,400.00)
21 Account No.: 7295
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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. 1 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 car/vehicle 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 purpose/use 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.
1 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 indemnify 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) Date
Witness (Instructor signature) Date
Kimberly Wilson, dba
BabySafe of Fresno
Exhibit B
1 of 2
SCOPE OF WORK
I. Description of Services
Instruction will include verbal and written instruction regarding child passenger safety
issues, laws and techniques, as well as instructions 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 violator/attendee 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 passenger 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.
II. 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 III;
C. Assume ownership and responsibility of child passenger safety restraint systems
when CONTRACTOR obtains them from the COUNTY;
D. Transport said child passenger safety restraint systems to education site;
E. Provide storage for unused child passenger safety restraint systems;
F. Ensure each child passenger safety restraint system is properly configured for the
child and the vehicle in which it is to be installed;
G. Prior to issuing a certificate of completion to violators of Vehicle Code (VC) 27360
and 27360.5, CONTRACTOR shall conduct an inspection on their child passenger
safety restraint systems to ensure that it meets applicable federal safety standards
and is appropriate for the age and weight of said violator's children;
H. Utilize a current recall list and manufacturers' instructions for all child passenger
safety restraint systems available from 1996 to the present (available from the
National Highway Traffic Safety Administration);
I. Provide all class participants with educational materials to take home;
J. Maintain record of attendance at each educational class session;
Exhibit B
2 of 2
K. Maintain copies of class evaluations completed by each violator/attendee/MCAH
client;
L. Conduct two (2) of the educational classes annually at rural county sites, including
Selma, Reedley, Auberry, Mendota, Sanger or Biola;
M. Conduct up to two (2) technician certification trainings per year; and
N. Utilize the Heavy Duty Seat Simulator for child passenger safety training purposes.
Heavy Duty Seat Simulator will remain property of COUNTY. CONTRACTOR will be
expected to:
1. Store and maintain the equipment in good repair;
2. Accept responsibility for safe transport of equipment to and from training events;
3. Immediately report lost or damaged equipment; and
4. Return equipment if equipment is no longer required for training events, contract
is terminated or upon request of COUNTY.
III. 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, 23116, 27315, 27360, 27360.5 and 27362;
3. Utilization of up-to-date video footage, including dummies in crashes and
deploying air bags; and
4. Instruction on the proper installation and use of child passenger safety restraint
systems for children ages 0-15 years.
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County'),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit A
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date: