HomeMy WebLinkAboutExhibitTEAM FOR LIB'
SERVICES AGREEMENT
This _Agreement is entered into this day of , 2008, and
effective on , by and between the City of Miami a municipal
corporation of the State of Florida, ("City") and ("Participant").
A. Participant has acquired an automated external defibrillator ("AED") for use
outside a health care facility for the purpose of saving lives of persons in cardiac
arrest (public access defibrillation).
B. City through its Fire -Rescue Department operates "Team for Life" to assist
participants in deploying public access defibrillation ("PAD") programs, and to
provide PAD program management and response services ("Services").
C. Participant wishes to engage the services of City and City wishes to provide
services to Participant, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and City agree as follows:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made part of this Agreement.
2. TERM: The term of this Agreement shall be two (2) years from
3. SCOPE OF SERVICES
A. Medical Oversight
City's designated medical director is responsible for medical direction and control to
review quality of the City's PAD program and, in cooperation with the program
administrator, will:
• Review and/or approve of all medical aspects of the program;
• Approve type(s) of AED unit(s) for use;
• Review and/or approve ancillary medical equipment and supplies for the program;
• Approve type(s) and frequency of AED training provided to personnel in conjunction
with guidelines established by the American Heart Association or equivalent;
• Perform a "Quality Management" review each time an AED unit is used and post
incident response services for units in service within the jurisdiction of the City of
Miami and the Village of Key Biscayne
• Act as medical liaison with local emergency medical services (EMS) providers
coordinate EMS response protocols;
• Participate in of the annual review of the medical components of the program and
quality assurance processes that address medical review of AED use, recordkeeping,
and methods for program evaluation
B. Program Administration
City's program administrator is responsible for administrative oversight of Participant's
PAD program and, in consultation with the medical director, will:
• Assist in development and maintenance of a written program, and establishment of
protocols;
• Assess and approve placement of each AED unit; (Can we move this responsibility to
the Program Administrator
• Provide timely written notification to EMS about the acquisition of AED units, the
type acquired, and its location;
• Conduct post incident response services on location;
• Upon request provide program updates, status reports, and response to questions
C. Program Liaison
Participant's program liaison is responsible for day -day -management of his or her PAD
program and, in consultation with the medical director, will ensure:
• AED units are properly maintained and tested in accordance with manufacturer's
guidelines;
• Personnel are trained in accordance with American Heart Association guidelines;
• Adequate AED-related supplies and recommended ancillary medical equipment are
kept on -hand;
• Required personnel training, unit maintenance and testing records are completed;
• Notification to PAD administrator of any use of AED unit,
• Participation in post incident debriefing and response and record submission
• Participation in annual program reviews and quality assurance processes
• Will submit a quarterly report to the program administrator using form provided
outlining the current status of the unit
• Will assure timely notification of the program administrator of any use or change in
status of the device
COMPENSATION:
The amount of compensation payable by Participant to City for services under this agreement
is payable within sixty (60) days after receipt of Participant's invoice.
INDEMNIFICATION
Participant agrees to indemnify, defend and hold harmless the City and its officials,
employees and agents ("City") and each of them from and against all claims, damages and
expenses by reason of any injury to or death of any person or damage to or destruction or loss
of any property arising out of, resulting from, or in connection with (i) the performance or
non-performance of the Services contemplated by this Agreement, which is or is alleged to be
directly or indirectly caused, in whole or in part, by any act, omission, default or negligence
of City or (ii) the failure of Participant to comply with any of the requirements specified
_ .within the Agreement, or the failure of Participant to conform to statutes, ordinances, or
other regulations or requirements of any governmental au -dimity in connection wirh- the - - -
Agreement.
NONDISCRIMINATION:
Participant does not and will not engage in discriminatory practices and warrants there shall
be no discrimination in connection with Participant's performance under this Agreement on
account of race, color, sex, religion, age, disability, sexual orientation, marital status or
national origin. Provider further covenants that no otherwise qualified individual shall,
solely by reason of his/her race, color, sex, religion, age, disability, sexual orientation, marital
status or national origin, be excluded from participation in, be denied services, or be subject
to discrimination under any provision of this Agreement.
DEFAULT:
If Participant fails to comply with any essential term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Participant shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law,
may immediately, without notice to Participant, immediately terminate this Agreement.
TERMINATION:
Either party may terminate this Agreement upon ten (10) days written notice prior to the
effective termination date. Participant understands and agrees that termination of this
Agreement shall not release Participant from any obligation accruing prior to the effective
date of termination. The City shall be entitled to receive compensation for all services
rendered prior to the effective date of the termination.
PUBLIC RECORDS:
Participant understands that the public shall have access, at all reasonable times, to all non-
exempt 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 non-
exempt public documents subject to disclosure under applicable law. Participant's failure or
refusal to comply with the provisions of this section and/or Florida Public Records Law shall
result in the immediate cancellation of this Agreement by the City.
COMPLIANCE WITH ALL LAWS:
Participant understands that agreements between governmental agencies are subject to
certain laws and regulations, including laws pertaining to public records, conflict of interest,
record keeping, etc. City and Participant agree to comply with and observe all applicable
federal, state and local laws, rules, regulations, codes and ordinances, as may be amended
from time to time.
ASSIGNMENT:
This Agreement shall not be transferred by Participant, in whole or in part, without the prior
written consent of the City, which may be withheld or conditioned, in the City's sole
discretion.
COUNTERPARTS:
This Agreement may be executed in three (3) originals, each of which shall constitute an
original but all of which, when taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective officials thereunto duly authorized, effective as of the day and year below
written.
DATED this
AI1EST:
day of , 2008.
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
By: Participant
CITY OF MIAMI, a municipal
-corporation -
By:
Pedro G. Hernandez, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Julie O. Bru, City Attorne LeeAnn Brehm, Director, Risk Management
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first above written in herein, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
WITNESS: (If Corporation, Attach [NAME OF PARTICIPANT:]
Seal and Attest by Secretaiy)
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