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HomeMy WebLinkAboutAgreementAGREEMENT FOR AMERICAN HEART ASSOCIATION BASIC LIFE SUPPORT TRAINING SITE This is to confirm the understanding between the University of Miami Center for Research in Medical Education (CRME), an American Heart Association (AHA) Training Center (TC), and the City of Miami Fire -Rescue (Training Site), acting as a satellite -training site for American Heart Association courses in Basic Life Support (BLS), As the TC, the CRME is responsible for ensuring complete and full compliance with the AHA requirements for instructors, training sites and courses. We will conduct an initial visit, and will make periodic follow-up visits to satellite training sites to verify that standards for equipment, materials and supplies, files and facility are maintained. The satellite -training site is responsible for obtaining supplies and materials, including textbooks, for courses it conducts, The CRME will submit data and/or reports to the AHA as required. Satellite training sites must provide the CRME with proof of liability insurance coverage of at least $1,000,000, samples of forms and statements of policies as requested, and advance schedules of courses. The Satellite training sites will follow the latest revision of the American Heart Association Program Administration Manual for all AHA guidelines. Instructors at satellite training sites must either designate the CRME as the primary TC or provide the CRME with a letter from an AHA-approved TC agreeing to be the primary TC. The CRME will maintain a file for each instructor, and satellite training sites must provide copies of information required by AHA for those files, including a master list of all training site instructors, complete with expiration dates. All instructors are obligated to fulfill the roles and responsibilities outlined by AHA in the pertinent instructor manuals. The CRME will keep instructors updated with the latest information on AHA courses, science guidelines, policies and procedures. As part of the renewal of instructor status, the CRME must be provided with a copy of the monitoring form and card, if issued by another TC. With the completion of each course, satellite -training sites must maintain a file complete with all documents required by the AHA for at least three years. The CRME will provide the training site with AHA course completion cards, within a reasonable period, following receipt of a properly completed roster and course outline with instructor assignments. Data for satellite training site courses will be entered and maintained in the TC computerized database. The CRME will strive for a turnaround of no more than one week. Page t of 6 To defray the costs incurred by the CRME in its oversight responsibilities, the Training Site will, upon invoice, pay fees to the CRME as follows: 1. Annual TC affiliation fee $ 300.00 2. Published unit cost of AHA card $ 1.00 3. Per student taught processing fee $ 1.50 The above fees are subject to change, pending evaluation and advance notification in writing. The CRME billing for course completion cards will be generated on a monthly basis. You have been informed and understand that the CRME is operating under a written agreement with the AHA authorizing it to act as a TC for Basic Life Support, through May 31, 2005. The agreement between the CRME and your training site is, subordinate to CRME's agreement with the AHA, The CRME will promptly notify satellite training centers should its status as a TC change. I. Term and Termination: 1. The term of this Agreement shall commence immediately after it is signed by the City Manager of the City of Miami. 2. In consideration of the mutual promises set forth herein, it is agreed by and between the TC and the Training Site that: a. The termination date of the initial Agreement is May 31, 2005. b. The Agreement is hereby amended so that upon the termination date and upon the end of each renewal period thereafter it shall automatically renew for a twelve (12) calendar month period. Each party is free to decline to renew or extend the term of this Agreement. c. All other terms and conditions of the Agreement shall remain in full force and effect. 3. This agreement may be terminated by either party if the other party breaches any term or condition of the Agreement and fails to cure the breach within ten (10) business days after receipt of written notice describing the breach. The Training Site acknowledges and agrees that breach includes, but is not limited to, failure by the Training Site to comply with program and/or curriculum guidelines, and that neither the TC, the AHA nor its affiliates nor their officers, employees volunteers or agents shall have any liability for any resulting termination under this Agreement. 4. This Agreement may also be terminated by either party, without cause, only upon sixty (60) days prior written notice. Page 2 of 6 II. General Terms: 1. Assignment, This Agreement may not be assigned by the Training Site without the prior written consent of the TC. 2. Applicable Law: This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. 3. The TC shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles 1 and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards, Additionally, TC shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 4. Should the satellite training site choose to discontinue or terminate this agreement, it agrees to satisfy within 30 days all outstanding charges due and payable to the CRME. City of Miami Fire -Rescue (Training Site) agrees to the terms and conditions outlined above. regarding its operation as a satellite training center for the American Heart Association courses in Basic Life Support under the auspices of the University of Miami Center for Research in Medical Education as its Training Center. III. Public Records: CRME understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. CRME's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. IV. Compliance with Federal, State and Local Laws: CRME understands that agreements between private entities and local governments are, subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. TC and CRME agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. Page 3 of 6 V. Default. If CRME fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then CRME shall be in default. Upon the occurrence of a default hereunder the Training Site, in addition to all remedies available to it by law, may immediately, upon written notice to CRME, terminate this Agreement whereupon all payments, advances, or other compensation paid by the Training Site to CRME while CRME was in default shall be immediately returned to the Training Site. CRME understands and agrees that termination of this Agreement under this section shall not release Training Site from any obligation accruing prior to the. effective date of termination. Should CRME be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, CRME shall be liable to the Training Site for all expenses incurred by the Training Site in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the Training Site in the re -procurement of the Services, including consequential and incidental damages. VI. Notices. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Materials related to BLS training may be submitted by other means acceptable to the parties, TO CITY OF MIAMI: TO CRME: William W. Bryson Angel A. Brotons Fire Chief AHA Training Center Coordinator City of Miami University of Miami Fire Department Center for Research in Medical Education 1151 NW 7'' Street, 3rd Floor P.O. Box 016960 (D-41) Miami, FL 33136 Miami, FL 33101 VII. Severability: Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform which such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. Page 4 of 6 • VIII. Independent Contractor. CRME has been procured and is being engaged to provide services to the Training Site as an independent contractor, and not as an agent or employee of the Training Site, Accordingly, CRME shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the Training Site, nor any rights generally afforded classified or unclassified employees. CRME further understands that Florida Workers' Compensation benefits available to employees of the Training Site are not available to CRME, and agrees to provide workers' compensation insurance for any employee or agent of CRME rendering services to the Training Site under this Agreement. IX. Entire Agreement. This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. X. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. XL Miscellaneous: 1 The CRME will allow Training Site inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By performing these inspections the Training Site, it agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations and ordinances. The CRME shall have no recourse against the Training Site, its agents, or representatives from the occurrence, non-occurrence or result of such inspection(s). Upon issuance of a notice to proceed the Consultant shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Signed, sealed and delivered In the presence of: Angel A. Brotons Training Center Coordinator Center for Research in Medical Education THE UNIVERSITY OF MIAMI CENTER FOR RESEARCH IN MEDICAL EDUCATION, FLORIDA By .t'O tom[ A. Hershbein Assistant Director of Administration Emergency Medical Skills Training Date: itizloy Page 5 of 6 ATTEST: riscilla A. Tiompsgn, City Clerk APPROVED.: ilTiam W. Bryson Fire Chief Print Name: n Joyce Training Site Coordinator APPROVED AS TO FORM AND CORRECTNESS: Maria J. Ch Interim City Attorney i\V CITY OF MIA Co ...ration of By: cfc e State nicip al fF iola, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: • Dania F. Carrillo Administr.ator- Risk Management Page 6 of 6