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Resolution No. 10103RESOLUTION NO. 10,103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE VERNON FIRE DEPARTMENT TO CONDUCT A FEE -BASED CPR AND FIRST AID TRAINING PROGRAM FOR VERNON RESIDENTS AND BUSINESSES AND APPROVAL OF RELATED WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT WHEREAS, the City of Vernon's Community Emergency Response Team (CERT) program has proved successful and expanded the community's interest in emergency preparedness programs; and WHEREAS, Vernon residents and businesses can alleviate the pressures placed on the Vernon Fire Department and the Vernon Police Department during an emergency by learning about emergency preparedness; and WHEREAS, a fee based Cardiopulmonary Resuscitation (CPR) and First Aid training course would enhance the capability of the local business community to respond to emergencies; and WHEREAS, the Fire Department currently has four trained instructors capable of teaching CPR and First Aid courses; and WHEREAS, by memo dated August 18, 2009, the Fire Chief has recommended that the City Council authorize the establishment of a fee -based CPR and First Aid Training Program under the auspices of the Vernon Fire Department; and WHEREAS, the City Council finds that a CPR and First Aid Training Program would enhance the public welfare and safety; and WHEREAS, the fees paid by Vernon residents and businesses would offset the cost of providing the CPR and First Aid training course; and WHEREAS, the City Council of the City of Vernon noticed a public hearing for November 9, 2009, continued the public hearing to November 23, 2009, and held the public hearing on November 23, 2009, to set the fee for courses offered through the City's CPR and First Aid Training Program; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the proposed fee for courses offered through the City's CPR and First Aid Training Program; and WHEREAS, the City Council of the City of Vernon desires to authorize the Fire Department to establish and conduct fee -based courses through a CPR and First Aid Training Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby authorizes the Vernon Fire Department to establish and conduct fee - based courses in CPR and First Aid Training for Vernon residents and businesses, entitled "Vernon CPR and First Aid Training Program." SECTION 3: The City Council of the City of Vernon hereby sets the fee for courses offered through the Vernon CPR and First Aid Training Program at $65.00 per person per course. The Fire Chief reserves the right to waive said fees. SECTION 4: The City Council of the City of Vernon hereby approves the Waiver, Release, and Hold Harmless Agreement for use in connection with the Vernon CPR and First Aid Training Program in - 2 - substantially the same form as the agreement attached hereto as Exhibit A and incorporated herein by reference. SECTION 5: The City Council of the City of Vernon hereby authorizes the Fire Chief to schedule Vernon CPR and First Aid Training Program courses and to take whatever other actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in this resolution. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 23rd day of November, 2009. AT EST: AI VELA GIR ity Clerk Name: Hilario Gonzales Title: Mayor /- y-er- - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,103, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, November 23, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2009, at Vernon, California. (SEAL) MANUELA GIRON, eity Clerk - 4 - EXHIBIT A CITY OF VERNON WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT IN CONNECTION WITH PARTICIPATION IN THE VERNON FIRE DEPARTMENT'S CPR AND FIRST AID TRAINING COURSES THIS IS AN IMPORTANT LEGAL DOCUMENT. PLEASE READ IT CAREFULLY. DO NOT SIGN IT UNLESS YOU ARE WILLING TO RELEASE AND WAIVE IMPORTANT LEGAL RIGHTS. I, , hereby acknowledge that I have voluntarily requested to participate in the CPR Training course, the First Aid Training course, or both (collectively, the "Course") sponsored by the City of Vernon (the "City") and conducted by the Vernon Fire Department (the "VFD"). I certify that I am in good health and have no physical or other impediment that would endanger me while participating in the Course. I understand that my participation in the Course will involve physical activity, including, but not limited to, contact with other Course participants and/or shared equipment as well as travel to and from the Course. I understand and acknowledge that my participation in the Course involves risks and dangers among which could include being struck by a person, emergency equipment, a vehicle, or other object. I UNDERSTAND AND APPRECIATE THAT MY PARTICIPATION IN THE COURSE COULD RESULT IN PROPERTY DAMAGE, OR IN MY INJURY, ILLNESS, SERIOUS DISABILITY, OR DEATH, OR A COMBINATION OF THE FOREGOING RISKS AND DANGERS. THESE RISKS AND DANGERS MAY ARISE FROM BOTH FORESEEABLE AND UNFORESEEABLE CAUSES, INCLUDING WITHOUT LIMITATION, MY OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE COURSE, THE CONDITION IN WHICH THE COURSE TAKES PLACE OR THE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR VOLUNTEERS. I AM VOLUNTARILY PARTICIPATING IN THE COURSE WITH THE KNOWLEDGE AND APPRECIATION OF THE RISKS AND DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME THE RISK OF PROPERTY DAMAGE, INJURY, ILLNESS, SERIOUS DISABILITY, OR DEATH FROM MY PARTICIPATION IN THE COURSE. (INITIAL) AS LAWFUL CONSIDERATION for participating in the Course, I agree that I, on behalf of myself, my heirs, executors, administrators, assigns, distributees, guardians, legal representatives, next of kin, and spouse hereby voluntarily release, discharge, waive, and relinquish any and all actions or causes of action against the City, and any of its elected officials, officers, agents, employees, or volunteers, for personal injury, property damage, or wrongful death arising, directly or indirectly, as a result of my participation in the Course or otherwise as a result of my presence in a VFD unit, in a VFD station, or on City property, whether or not the same arises from the negligence or willful conduct of the City, or its elected officials, officers, agents, employees, or volunteers. (INITIAL) 12720-0005\1170396v4.doc Further, I hereby agree to indemnify, defend, and hold harmless the City and its elected officials, officers, agents, employees, and volunteers from any and all loss, damage, liability, claim, action, or expense whatsoever, including without limitation, attorneys fees and other costs of defense, WHICH IN ANY WAY ARISE OUT OF, RESULT FROM, OR ARE CONNECTED WITH, MY PARTICIPATION IN THE COURSE OR ARE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY NEGLIGENT RESCUE OPERATIONS, FIRST AID OR CPR UNDERTAKEN BY ME, even though such liability may arise, in part, out of the negligence of the City, its elected officials, officers, agents, employees, or volunteers. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I GIVE UP MY RIGHT, AMONG OTHER THINGS, TO SUE THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS IF I AM HURT OR INJURED EVEN IF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR VOLUNTEERS ARE NEGLIGENT. _ (INITIAL) I ACCEPT THESE RISKS SO THAT I MAY PARTICIPATE IN THE COURSE. (INITIAL) Executed at Vernon, California on , 20_. This waiver, release, and hold harmless agreement will remain in effect in perpetuity. NAME OF RELEASOR (PRINT): SIGNATURE OF RELEASOR: ADDRESS OF RELEASOR: CITY: STATE: DECLARATION OF WITNESS I certify that acknowledged in my presence that he/she had read and fully understood the meaning and consequences of the foregoing waiver, release, and hold harmless agreement, and signed it in my presence. Executed at Vernon, California, on 120 Signature of Witness: 2 12720-0005\1 170396v4.doe CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 24, 2009 TO: Mark Whitworth, Fire Chief FROM Nelly Giron, City Clerk RE: Resolution No. 10,103 — A Resolution of the City Council of the City of Vernon Authorizing the Vernon Fire Department to Conduct a Fee -Based CPR and First Aid Training Program for Vernon Residents and Businesses and Approval of Related Waiver, Release, and Hold Harmless Agreement Transmitted herewith is a copy of Resolution No. 10,103 referenced above, which was approved by City Council on November 23, 2009. Thank you. NG:dj c: Resolution No. 10,103 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing that you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE AND TIME: Monday, November 2, 2009, at 9:00 a.m., or as soon thereafter as the matter may be heard PURPOSE: To establish fees for CPR classes, First Aid Training classes, or a combination of both, that the Fire Department may provide to the general public and to businesses in the City of Vernon. The fees will pay for the cost of instructors and materials under a CPR and First Aid Training Program. Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the establishment of fees for CPR and First Aid Training classes, or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Information may be obtained by contacting the .office of the City Clerk at the above address. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice. Dated: October 19, 2009- Manuela G'ron, City Clerk This space is for the County Clerk's Filing Stamp Tiztoferxt r-oup ublirattoxtz, (';J0xtr. The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: OCTOBER 22, all in the year 2009. I certify .(or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS AN60, S, California, this 22n day of OCTOBER, I, 009. CITY OF VERNON Proof of Publication of Notice of Public Hearing: Monday, November 2. 2009 ... to Establish Fees for CPR classes. First Aid Training. Classes... Signature This space is for the County Clerk's Filing Stamp The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. i am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: OCTOBER 29, all in the year 2009. certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 29jhday of OCTOBER, 2009. ,f!� Rnoiu;, Signature 0 CITY OF VERNON Proof of Publication of Notice of Public Hearing: Monday, November 9. 2009 — to Establish Fees for CPR Classes, First Aid Trainina �N N V 18 Z009 CITY CLERK'S OFFICE �` / / o3 0(2 ',-k. (tyZe 01.23/6� APPROVED NOV23 n9 CffCOUNCIL STAFF REPORT Fire Department DATE: August 18, 2009 TO: Honorable Mayor and City Council \,,\qA FROM: Fire Chief Mark Whitworth RE: American Heart Association CPR/First Aid Training The Fire Department is requesting a City Resolution that provides a fee based CPR & First Aid training program to businesses in the city. Since the start of the CERT program, the Fire Department has received many requests to provide a CPR/First Aid program to the businesses in the city. A CPR/First Aid program will help the businesses and the City of Vernon during disasters and emergency preparedness. Currently the Fire Department has three trained CPR/First Aid Instructors through American Heart Association and one Instructor trained through American Red Cross. Fee based training will pay for the cost of Instructors and materials. Classes will be held at Fire Station #1 and will be scheduled through the Fire Department. Therefore, I recommend that the City Council adopts a Resolution allowing the Fire Department to provide a CPR/First Aid program to city businesses. VE i NOV 2009 CITY CLERK'S OGFICE Memo To: Donal O'Callaghan, City Administrator From: Mark C. Whitworth, Fire Chief Date: August 18, 2009 Re: American Heart Association CPR/First Aid Training Staffing Report Respectfully request that attached Staff Report requesting for a Resolution allowing the Fire Department to provide a CPR/First Aid program to City business to be adopted by the City Council be put on the agenda for approval. Thank you for your assistance and if you have any questions, please do not hesitate to contact me. MCW:lam :ocaItaghan CPWFIW aid Training memo 0 Page 1 NOV 1 9 2009 DIRECTIVES FOR TEACHING CPR, AED AND FIRST AID TO CITY OF VERNON RESIDENTS AND BUSINESS EMPLOYEES I. PURPOSE A. To provide all of the business employees and residents in the City of Vernon and surrounding areas the opportunity to be trained and certified through the American Heart Association (AHA) in CPR/AED, or First Aid. II. RESPONSIBILITY A. it is the responsibility of each certified AHA Vernon Fire Department Instructor to teach each student CPR/AED, and/or First Aid to pass a manipulative test at the end of the class. If the student is not able to pass at the time of the class, then the student must retake the exam. The instructors will teach all classes on their off duty days. B. It is the instructor's responsibility to provide student books, manikins, videos, learning facility and anything else necessary for the students to obtain proper training and their certifications. III. PROCEDURE A. Objectives: 1. To teach the people who work and live in the City of Vernon basic life support techniques such as: CPR, AED and/or First Aid. Having these basic life support skills will help them to enhance other people's chance of surviving a medical emergency. 2. To provide basic life support to the people in the communities that they live In, in their own neighborhoods and in their own homes, if they so chose. 3. To improve the public's image of the Vernon Fire Department by interacting with them and getting to know the community better. While teaching, it will also give the community a better awareness of what we do as a Fire Department. B. Requirements: 1. All training will be hosted at Fire Station 1, 3375 Fruitland Ave., in the training class room. 2. All Instructing will be performed by Vernon Fire Department personnel who are certified by the AHA. 3. All Instructing will be completed between the hours of 0800 and 1700 hours. 4. The class size will be 6 students per Instructor with a maximum of 12 students and two Instructors. There will not be more than 6 students per instructor and no more than 12 students per class. 5. The class needs to be scheduled five weeks ahead of time to allow enough time to order student materials and schedule into the Vernon Fire Departments training schedule. 6. The payment needs to be to the Vernon Fire Department three weeks prior to class start date. C. Enrollment: 1. Businesses interested in having their employees go through and become CPR, AED and/or First Aid Certified can sign up at Fire Administration located behind fire station #1 at 3375 Fruitland Ave. An Instructor will contact the students to schedule the date and time. 2. The AHA instructors can teach two separate classes, CPR/AED or First Aid. The cost per class is $65 per student for each class being instructed. This cost will cover the instructor's wages, teaching materials, books, instruction aids and classroom supplies. 3. Payments must be made to, "City of Vernon". This payment can be made at the Fire Administration Office located at 3375 Fruitland Ave., behind Fire Station 1. DIRECTIVES FOR TEACHING CPR, AED AND FIRST AID TO CITY OF VERNON RESIDENTS AND BUSINESS EMPLOYEES I. PURPOSE A. To provide all of the business employees and residents in the City of Vernon and surrounding areas the opportunity to be trained and certified through the American Heart Association (AHA) In CPR/AED, or First Aid. 11. RESPONSIBILITY A. It is the responsibility of each certified AHA Vernon Fire Department Instructor to teach each student CPR/AED, and/or First Aid to pass a manipulative test at the end of the class. If the student is not able to pass at the time of the class, then the student must retake the exam. The instructors will teach all classes on their off duty days. B. It is the instructor's responsibility to provide student books, manikins, videos, learning facility and anything else necessary for the students to obtain proper training and their certifications. III. PROCEDURE A. Objectives: 1. To teach the people who work and live in the City of Vernon basic life support techniques such as: CPR, AED and/or First Aid. Having these basic life support skills will help them to enhance other people's chance of surviving a medical emergency. Z. To provide basic life support to the people in the communities that they live In, in their own neighborhoods and in their own homes, if they so chose. 3. To improve the public's image of the Vernon Fire Department by interacting with them and getting to know the community better. While teaching, it will also give the community a better awareness of what we do as a Fire Department. B. Requirements: 1. All training will be hosted at Fire Station 1, 3375 Fruitland Ave., in the> training class room. 2. All Instructing will be performed by Vernon Fire -Department personnel who are certified by the AHA. 3. All instructing will be completed between the hours of 080a and 1700 hours. 4. The class size will be.6 students per Instructor with a maximum of 12 students and two Instructors. There will not be more than 6 students per instructor anti no more than 12 students per class. 5. The class needs to be scheduled five weeks ahead of time to allow enough. time to 'order student materials and schedule into the'Vern©n Fire Departments training schedule. 6. The payment needs to be to the Vernon Fire Departrrient three weeks prior to class start date. C. Enrollment 1. Businesses interested in having their employees go through and become' CPR, AED and/or First Aid Certified, can sign up at Fire; Administration located behind fire station #1 at 3375 Fruitland Ave.. An Instructor will contact the students to schedule the date and time. 2. The AHA instructors can teach two separate classes, CPR/AER or First Aid, The cock per class is $65.per student for each class being instructed. This cost will cover the instructor's wages, teaching materials, books, instruction aids and classroom supplies. .� FIAU rleeA i r v t 3. payments -must be made to, "City of Vernon" This payment can be made at the Fire Administration Office looted at 3375 Fruitland Ave., behind Fire Station 1.