HomeMy WebLinkAboutCONTRACT WITH SOUTH STAR FOR BASIC GEORGIA EMERGENCY MEDICAL TECHNICIAN (EMT) COURSE CONTRACT FOR COURSE
IN BASIC GEORGIA EMERGENCY MEDICAL TECHNICIAN
THIS CONTRACT FOR COURSE IN BASIC GEORGIA EMERGENCY MEDICAL
TECHNICIAN ("Contract") is made and entered into by and between Augusta, Georgia, a
political subdivision of the State of Georgia, by and through its Board of Commissioners, whose
address is 535 Telfair Street, Augusta, Ga. 30901, hereinafter referred to as "Augusta", and
SouthStar EMS, whose address is 2451 Wheeless Road, Augusta, Georgia 30906 , hereinafter
referred to as "Consultant".
WHEREAS, Augusta desires to engage a qualified and experienced Consultant
with in-depth knowledge regarding basic emergency medical technician course to
provide course instruction to Augusta Fire Department (AFD) personnel and provide
testing of the course material to enable personnel to receive their certifications as Basic
Georgia Emergency Medical Technician.
WHEREAS, Consultant responded to Augusta's RFP #17-254 A and has represented to
Augusta that it is experienced and qualified to provide the services contained therein;
and,
WHEREAS, Augusta has relied on such representation and Consultant was chosen as
the most qualified respondent based on its submittal.
NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein
and the mutual benefits derived here from and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Consultant and Augusta agree as follows:
1. Scope of Services
Consultant shall provide Georgia Emergency Medical Technician Basic course that
meet standard requirements and as set forth in RFP #1-254 A (Scope of Services),
including, but not limited to:
a) Consultant will develop course curriculum and testing material approved
by the State.
b) ,Consultant to provide all student manuals, materials, handouts, and tests
needed for course completion.
c) Consultant to provide an instructor with at least a minimum certification
of an EMT Level II Instructor to oversee the course; and to give the
required tests.
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d) Consultant to allow AFD EMT Level II Instructors to teach basic EMT
classes to maintain their EMT Level II Instructor certifications and will
allow AFD Adjunct instructors to teach in the class.
e) Classes to be held at Consultant's facility provided Consultant's facility is
located within Augusta, Georgia. Consultant can hold class at an AFD
facility with the express written permission from the Fire Chief.
Consultant will ensure that a Release of Liability form is completed by all
non-Augusta employee before allowing such student to attend a class at an
AFD facility.
f) Classes shall be no larger than 25 students per class.
g) Consultant to provide Instructors and all instruction for all practical
portions of the class. For practical portions of the class, there will be a
ratio of 1 instructor for every 5 or 6 students.
h) Hours of instruction will normally be from 8:30 to 5:00 p.m. with a one-
hour lunch break. This schedule may vary a little as long as there is a total
of 37.5 hours per week. Consultant may add 2 Saturdays per class to
reduce the number of weeks of class.
i) The course and tests will be completed within 12 weeks.
j) Cost per student will be prorated by one-half cost for any student who
does not complete at least half of the course, either by failing a test 2
times, fails to comply with rule and regulations, is terminated by AFD or
drops the course.
k) Consultant will provide AFD with all related records of AFD personnel
taking course instructions, including copies of class and test results of
AFD students.
1) Consultant will provide remediation training for AFD employees at no
charge for 1 or 2 topics. If an AFD employee is enrolled in the entire
class, the same rate per student applies.
m) AFD is responsible for its students to be placed on the National Registry
and pay the cost thereof.
n) AFD is to provide a training officer with AFD students each morning and
at the end of day. Consultant will have the training officer's contact
information for any issues that may develop during the day. In addition,
the Consultant will require and hold all AFD personnel attending the
course to adhere to Augusta Fire Department standards and protocol and
report any issues or problems immediately to the assigned training officer.
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2. Term. This Contract shall commence as of the date executed by Augusta,
Georgia ("Commencement Date") and shall have an initial term of two (2) years.
This Contract shall automatically extend for three additional (1) year terms
unless either party provides notice of termination at least ninety (90) days prior
to the end of the then current term. This Contract shall: (i) terminate absolutely
and without further obligation on the part of Augusta each and every December
31 at 11:59 pm, as required by O.C.G.A. §36-60-13, as amended, unless sooner
terminated in accordance with the termination provisions of this Contract; (ii)
automatically renew on each January 1 at 12:OOam, unless terminated in
accordance with the termination provisions of this Contract; and (iii) terminate
absolutely, with no further renewals, five (5) years from the Commencement
Date.
3. Standard of Performance. Consultant represents and warrants that it has the
necessary knowledge, experience, abilities, skills and resources to perform its
obligations under this Contract, and agrees to perform its obligations in a
professional manner, consistent with prevailing industry standards and practices.
4. Oualifications. Licenses. and Permits: Compliance with Law. Consultant
represents and warrants that it has all licenses and permits necessary to conduct
its business and perform its obligations under this Contract, and agrees to comply
with all applicable federal, state, and local statutes regulations, codes, ordinances
and policies in performing its obligations under this Contract.
5. Independent Consultant Relationship. The parties intend that Consultant's
relationship to Augusta in providing services hereunder shall be that of an
independent Consultant. Nothing in this Contract, nor any performance
hereunder, is intended or shall be construed to create a partnership, joint venture
or relationship of agency or employment between Augusta and Consultant. In
providing services hereunder, Consultant shall represent itself to third parties as
an independent Consultant to Augusta and shall not hold itself out as having any
authority to obligate Augusta. Consultant shall have no authority for any
complaints related to employment with Augusta, Georgia and has no authority to
hire, fire, discipline or otherwise effect the terms and conditions of Augusta,
Georgia employees, except as specifically set forth herein.
6. Confidentiality. Consultant agrees that its conclusions and any reports are for the
confidential use and information of Augusta and that it will not disclose its
conclusions in whole or in part to any persons whatsoever, other than to submit
its written documentation to Augusta, and will only discuss the same with it or
its authorized representatives. It is further agreed that if the Consultant,
without prior approval from Augusta, releases any information, the release of
same shall be immediate grounds for termination of this Contract without
indemnity to the Consultant. Should any such information be released by
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Augusta or by the Consultant with prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Contract.
7. Assignment. Consultant does hereby assign, grant, and deliver to Augusta, and
Augusta hereby accepts, the entire worldwide right, title, and interest of every
kind and nature whatsoever in and to the deliverables under this Contract,
including but not limited to any related intellectual property rights.
8. Records. Consultant shall maintain throughout the term of this Contract and for a
period of three (3) years thereafter, records that indicate the date, time, and
nature of the services rendered. Consultant shall make available for inspection by
Augusta all records, books of account, memoranda, and other documents
pertaining to Augusta, at any reasonable time upon request.
9. Open Records. Consultant acknowledge that all records relating to this Contract
and the services to be provided under the contract, may be a public record
subject to Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.).
Consultant shall cooperate fully in responding to such request and make all
records not exempt, available for inspection and copying as provided by law.
10.Fee; Expenses. In consideration of Consultant performing its obligations under
this Contract, Augusta will pay Consultant: The amounts as described in Exhibit
"A" Compensation/Price List attached hereto. This will be the total
compensation paid to the Contractor except for payments, if any, made under
subparagraphs b and c below. _
b) Additional Services: Augusta shall pay the Consultant for additional
services requested or authorized by Augusta, based on the fee schedule attached
as Exhibit A. A properly itemized invoice will be submitted for payment,
provided the service is performed to standards and service is completed.
c) Additions or Deletions: Augusta may add or delete service
requirements of this contract, in writing. Such changes shall be negotiated based
on a prorated price consistent with the original price contained in the
Consultant's response to RFP #17-245 A, as supplemented.
11.Invoicing. Consultant shall submit invoices to the Augusta Fire Chief identifying
this Contract and the amount payable. Payment of undisputed amounts shall be
due and payable thirty (30) days after Augusta's receipt of the invoice.
Notwithstanding anything in the Bid or Consultant's Proposal, Augusta shall
have the right to withhold or deduct payments in the event of Consultant's non-
performance.
12.Georgia Prompt Pay Act Not Applicable. The terms of this Contract supersede
any and all provisions of the Georgia Prompt Pay Act.
13.Defective Pricing. To the extent that the pricing provided by Consultant is
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erroneous and defective, the parties may by agreement, correct pricing errors to
reflect the intent of the parties.
14.Prohibition Against Contingent Fees. The Consultant warrants that no person or
selling agency has been employed or retained to solicit or secure this Contract
upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by Consultant for the purpose of
securing business and that the Consultant has not received any non- Augusta fee
related to this Contract without the prior written consent of Augusta. For
breach or violation of this warranty, August shall have the right to annul this
Contract without liability or at its discretion to deduct from the Contract Price of
consideration the full amount of such commission, percentage, brokerage or
contingent fee.
15.Termination. This Contract may be terminated prior to the completion of
Consultant's services:
a. upon ninety (90) days written notice to the other party, or
b. by either party upon a breach of this Contract (including, but not limited to,
Consultant's services being deemed unsatisfactory by Augusta). Provided
however, the defaulting party shall be given five (5) days' written notice of the
default. If the default remains uncured ten (10) days after receiving written
notice of such breach from the terminating party, the terminating party can
cancel this Contract.
c. This Contract may be terminated immediately if Consultant fails to maintain
insurance or fails to comply with the Workers' Compensation Act and applicable
rules as described in paragraph 21 herein. In the event of a termination of this
Contract pursuant to this Section, Augusta and Consultant will in good faith
negotiate an appropriate reduction in the fees payable to Consultant pursuant to
paragraph 10 above.
16.Liquidated Damages. Consultant agrees to pay as liquidated damages to Augusta
the sum of$100.00 for each consecutive calendar day for delay in services after
expiration of the Contract Term, except for authorized extensions of time by
Augusta. This Section is independent of paragraph 15 regarding default by
Consultant. The Parties agree the provisions for liquidated damages are not
penalties for breach of contract. The liquidated damages set forth herein are not
to compensate Augusta for any damages other than inconvenience and loss of use
or delay in services. The existence or recovery of such liquidated damages shall
not preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta can document as being attributable to the
documented Consultant failures. In addition to other costs that may be recouped,
Augusta may include costs of personnel and assets used to coordinate, inspect,
and re-inspect items within this Contract, as well as attorney fees, if applicable.
17. Survival. Notwithstanding anything in this Contract to the contrary, the
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provisions of Section 20 below shall survive any expiration or termination of this
Contract, and each party shall remain obligated to the other party under all
provisions of this Contract that expressly or by their nature extend beyond and
survive the expiration or termination of this Contract.
18.Temporary Suspension or Delay of Performance of Contract. To the extent that it
does not alter the scope of this Contract, Augusta may unilaterally order a
temporary stopping of the work, or delaying of the work to be performed by
Consultant under this Contract.
19. Specified Excuses for Delay or Non-Performance. Neither Augusta nor
Consultant shall be liable for any delay in the performance of this Contract, nor
for any other breach, or for any loss or damage arising from uncontrollable
forces such as: fire, theft, storm, war, or any other major force that could not
have been reasonably avoided by the exercise of due diligence.
20.Indemnification. Consultant shall indemnify, hold harmless, protect and defend
Augusta and its Commissioners, elected officials, trustees, officers, employees,
agents, and representatives (the "Indemnified Parties") for, from, and against any
and all demands, claims, suits, damages, losses, liabilities, costs and expenses,
including, but not limited to, court costs and attorneys' fees (the "Indemnified
Matters"), of any nature whatsoever (including, but not limited to, damage to or
loss of property, bodily injury or death), directly or indirectly arising out of or in
connection with the performance of Consultant's obligations under this
Contract. Consultant's indemnification obligations shall apply whether the
Indemnified Matters are due in part to the concurrent fault or negligence of the
Indemnified Parties or others, but shall not extend to such concurrent fault or
negligence. Consultant's defense obligations under this Section shall be with
attorneys approved by Augusta, which approval shall not be unreasonably
withheld.
21. Insurance. Consultant shall at all times that this Contract is in effect, cause to
be maintained in force and effect an insurance policy(s) that will ensure and
indemnify Augusta against liability or financial loss resulting from injuries
occurring to persons or property or occurring as a result of any negligent error,
act, or omission of the Consultant in performance of the work during the term of
this Contract. Consultant shall provide, at all times that this Contract is in effect,
insurance with limits of not less than:
a) Workmen's Compensation Insurance in accordance with the State of Georgia;
b) Public Liability Insurance in an amount of not less than One Million
($1.000,000) Dollars for injuries, including those resulting in death to any one
person, and in an amount of not less than One Million ($1,000,000) Dollars on
account of any one occurrence;
c) Property Damage Insurance in an amount of not less than One Million
($1,000,000) from damages on account of an occurrence, with an aggregate limit
of One Million ($1.000,000) Dollars; and d) Professional Liability Insurance in
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an amount of not less than One Million ($1,000,000) Dollars or an amount that
correlates to the aggregate fee on the project should it exceed $1,000,000.
All insurance policies required by this Contract will provide that they may not be
canceled nor the coverage materially changed without thirty (30) days prior
written notice to Augusta. Augusta will be named as an additional insured with
respect to Consultant's liabilities hereunder in insurance coverage identified in
items B & C. Such policies shall name Augusta as a co-insured, except for
worker's compensation and professional liability policies, and a copy of such
policy or a certificate of insurance shall be filed with the Augusta at the time of
the execution of this Contract.
22. Power and Authority: Due Authorization; No Conflict: Enforceability. Each
party represents and warrants to the other party that: (i) such party has the
power and authority to execute, deliver and perform its obligations under this
Contract; (ii) the execution, delivery and performance of this Contract have been
duly authorized by such party and do not and shall not conflict with any
agreement or instrument to which it is bound; (iii) this Contract constitutes the
legal valid and binding obligation of such party, enforceable against it in
accordance with its terms; (iv) no circumstances exist which will cause a
Conflict of Interests in performing the services required by this Contract, to
include the Consultant and his or her employees or agents performing under this
contract and are NOT employees or agents of Augusta, or any public agency or
official affected by this contract; (v) no employee of Augusta or any public
agency or official affected by the contract be employed by the Consultant for the
period of Contract duration.
23.Entire Agreement: Severability: Further Assurances. This Contract including any
exhibits attached hereto and RFP # 17-245 A, including any attachments thereto,
constitutes the entire Agreement between the parties, and supersedes all prior
and contemporaneous contracts, understandings and negotiations, with respect to
the subject matter hereof. In the event any provision of this Contract is
determined to be invalid or unenforceable, it is the desire and intention of the
parties that such invalidity or unenforceability not invalidate or render
unenforceable the remainder of the Contract and that such provision be reformed
and construed in such a manner that it will, to the maximum extent practicable,
be deemed valid and enforceable, and the rights and obligations of the parties
shall be construed and enforced accordingly. Each party shall execute and deliver
such further documents and take such further actions as may be required or
reasonably requested by the other party to effectuate the purposes of this
Contract.
24.No Assignment; No Amendment: No Waiver. This Contract (i) may not be
assigned or transferred, in whole or in part, by operation of law or otherwise, by
either party without the prior written consent of the other party, and (ii) may not
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be amended or modified by course of conduct or otherwise, except in a writing
duly executed by each of the parties.
25.Acknowledgement. Consultant acknowledges that this contract and any changes
to it by amendment, modification, change order or other similar document may
have required or may require the legislative authorization of the Board of
Commissioners and approval of the Mayor. Under Georgia law, Consultant is
deemed to possess knowledge concerning Augusta's ability to assume contractual
obligations and the consequences of Consultant's provision of goods or services
to Augusta under an unauthorized contract amendment, modification,
change order or other similar document, including the possibility that the
Consultant may be precluded from recovering payment for such unauthorized
goods or services. Accordingly, Consultant agrees that if it provides goods or
services to Augusta under a contract that has not received proper legislative
authorization or if the Consultant provides goods or services to Augusta in
excess of the any contractually authorized goods or services, as required by
Augusta's Charter and Code, Augusta may withhold payment for any
unauthorized goods or services provided by Consultant. Consultant assumes all
risk of nonpayment for the provision of any unauthorized goods or services to
Augusta, and it waives all claims to payment or to other remedies for the
provision of any unauthorized goods or services to Augusta, however
characterized, including, without limitation, all remedies at law or equity. Any
waiver of any provision of this Contract shall be in writing duly executed by the
waiving party. The failure or delay by either party to seek redress for any
breach or default under this Contract, or to insist upon the strict performance of
any provision of this Contract shall not constitute a waiver thereof or of any
other provision of this Contract, and such party shall have all remedies provided
herein and at law and in equity with respect to such act and any subsequent act
constituting the same.
26. Notice. Any notices required under this Contract shall be made in writing,
postage prepaid to the following addresses, and shall be deemed given upon hand
deliver, verified delivery by telecopy (followed by copy sent by United States
mail), or three (3) days after deposit in the United Stated Mail:
AUGUSTA: AUGUSTA FIRE CHIEF
AUGUSTA FIRE DEPARTMENT ADM
3117 DEANS BRIDGE ROAD
AUGUSTA, GA. 30906
COURTESY COPY TO: GENERAL COUNSEL
AUGUSTA LAW DEPARTMENT
535 Telfair Street, Building 3000
AUGUSTA, GA. 30901
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•
CONSULTANT: SOUTHSTAR EMS
2451 WHEELESS ROAD
AUGUSTA, GA. 30906
27. Right to Inspect Premises. Augusta may, at reasonable times, inspect the
part of the place of business or work site of Consultant or any subcontractor of
Consultant or subunit thereof which is pertinent to the performance of any
contract awarded or to be awarded by Augusta.
28. Subcontract. The Consultant shall not subcontract any part of the work
covered by this Contract or permit subcontracted work to be further
subcontracted without Augusta's prior written approval of the subcontractor.
29. Drug Free Workplace: Contractor will not engage in the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled
substance or marijuana during the performance of this contract. If Contractor
has more than one employee, including Contractor, Contractor shall provide for
such employee(s) a drug-free workplace program, in accordance with the Georgia
Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq.,
throughout the duration of this Contract.
30. Non-Discrimination. During the performance of this contract, the Contractor
shall comply with all federal and state non-discrimination laws, regulations and
policies in the administration of this contract. In the event of the Contractor's
non-compliance or refusal to comply with any non-discrimination law,
regulation, or policy in the administration of this contract, this contract may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be
declared ineligible for further contracts with Augusta. The Contractor shall,
however, be given a reasonable time in which to correct any non-compliance.
31. Local Small Business Program. In accordance with Chapter lOB of the
Augusta, Ga. Code, Contractor expressly agrees to collect and maintain all
records necessary for Augusta, Georgia to evaluate the effectiveness of its Local
Small Business Opportunity Program and to make such records available to
Augusta, Georgia. The requirements of the Local Small Business Opportunity
Program can be found at www.augustaga.gov. In accordance with AUGUSTA,
GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal
has been established, the contractor is required to provide local small business
utilization reports. Contractor shall report to Augusta Georgia the total dollars
paid to each local small business on each contract, and shall provide such
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payment affidavits, regarding payment to subcontractors as may be requested by
Augusta, Georgia. Such documents shall be in the format specified by the
Director of minority and small business opportunities, and shall be submitted at
such times as required by Augusta, Georgia. Failure to provide such reports
within the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not limited to,
withholding payment from the contractor and/or collecting liquidated damages.
32. E-VERIFY: All Contractors and subcontractors entering into Contracts with
Augusta, GA for the physical performance of services shall be required to
execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91 stating
affirmatively that the individual, firm, or corporation which is contracting with
Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-
Verify number and must be in compliance with the electronic verification of
work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability
provisions and deadlines established in O.C.G.A.§13-10-91 and shall continue to
use the federal authorization program throughout the contract term. All
Contractors shall further agree that, should it employ or contract with any
subcontractor(s) in connection with the physical performance of services
pursuant to its contract with Augusta, Georgia the contractor will secure from
each subcontractor(s) each subcontractor's E-Verify number as evidence of
verification of compliance with O.C.G.A. §13-10-91 on the subcontractor
affidavit provided in Rule 300-10-01-08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and
provide a copy of each such verification to Augusta, Georgia at the time the
subcontractor(s) is retained to perform such physical services.
33. Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Contract shall
be governed by, and construed and enforced in accordance with, the laws of the
State of Georgia (without regard to the conflicts or choice of law principles
thereof). The parties irrevocably consent to the jurisdiction of the State of
Georgia, and agree that the Superior Court of Richmond County, Georgia, shall
be an appropriate and convenient place of venue to resolve any dispute with
respect to this Contract. In the event either party commences any proceeding
against the other party with respect to this Contract, the parties agree that neither
party shall be entitled to recover attorneys' fees except as otherwise specifically
provided for by law.
34. Contract. The parties acknowledge and agree that both parties substantially
participated in negotiating the provisions of this Contract; and, therefore, the
parties agree that this Contract shall not be construed more favorably toward one
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party than the other party as a result of one party primarily drafting the Contract.
The section and other headings in this Contract are for convenience of reference
only and shall not be construed, expressly or by implication, so as to affect the
meaning or interpretation of any of the provisions hereof. This Section and other
headings in this Contract are for convenience of reference only and shall not
affect, expressly or by implication, the meaning or interpretation of any of the
provisions hereof.
35. Counterparts. This Contract may be executed in counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
36. Conflicting and Precedence. The Contract Documents are complementary, and what
is called for one is as binding as if called for by all. In the event there are any conflicting
provisions or requirement in the component parts of this Contract,the several Contract
Documents shall take precedence in the following order:
RFP# 17-254 A
Contract- Including Exhibits
IN WITNESS WHEREOF, Consultant and Augusta have duly executed and delivered
this Contract.
CONSU TANT: SOU STAR EMS
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COMPENSATION/PRICE SHEET
Without exception, any organization/individual responding to this RFP shall use the protocols and
procedures as defined below. Price quotations shall be provided in each of the provided spaces. Price
quotations must be provided for additional items. Any difference in cost for any part the course
instruction and testing shall be listed separately. All price quotations need to include all copies,
materials, handouts, tests, and records, course instruction, practicals and instructors. The decision to
implement any listed items rests with the Fire Department not the organization/individual providing
these services.
Price per student $ (8cbQ
Price per student manual as:
Total Price for no more than 25 students $ ot343ac
Price Per Year
1st - 2nd Year $_ �
3rd Year $___ 2 D
4" Year
5th Year $w (9 D
BID SUBMITTED BY:
NAME: n^ P16AL►s-,5
COMPANY: -9-.ea►onx1 &A,),ceS Vit?)1A. ibtrc dot E-MS
ADDRESS: 21/4-4S-1
CITY/STATE: Q uc .�sa. e of
TELEPHONE: 10D40. - 86,3 c18abm mob V 2l - LIP( t
FAX: '1®1.0- -)38 c. AIL: SIPS \CD U.0
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SIGNATURE: C,:, g
(Fee proposal must be sealed and placed in a separate sealed envelope labeled on the outside of the
package to clearly indicate that it is a response to RFP#17-254A Emergency Medical Technician Basic
Course Instructor.)
Y-*
RFP 17-254A Emergency Medical Technician Basic Course instructor
RFP Due Thursday,December 28,2017 @ 11:00 a.m.
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