HomeMy WebLinkAbout23304AGREEMENT INFORMATION
AGREEMENT NUMBER
23304
NAME/TYPE OF AGREEMENT
MAC TOWN, INC.
DESCRIPTION
TEAM FOR LIFE SERVICES AGREEMENT/AUTOMATED
EXTERNAL DEFIBRILLATOR/FILE ID: 08-1185/R-08-
0606/MATTER ID: 19-1252/#29
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/13/2020
DATE RECEIVED FROM
ISSUING DEPT.
10/14/2020
NOTE
COPY
CITY OF MIAMI DOCUMENT ROUTING FORM a �i�J (�
V 1
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "MacTown, Inc."
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO
TOTAL CONTRACT AMOUNT: S FUNDING INVOLVED? ❑ YES X NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
X PROFESSIONAL SERVICES AGREEMENT
GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
0 PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): To provide an Agreement between the City and the Participant to provide
service in deploying Public Access Defibrillation ("PAD") Programs. SVC include providing mgmnt and response svcs.
COMMISSION APPROVAL DATE: 10 /23/2008 FILE ID: 08-01185 ENACTMENT NO.: R-08-0606
Agreement Revised — 3/2010
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION' =
Date
PLEASE PRINT AND SIGN
APPROVAL. BY DEPARTMENTAL DIRECTOR
10/7/2020
PRINT: Ty McGann, AFC
(y�
SIGNATURE: --I/-a—
SUBMITTED TO RISK MANAGEMENT
10/7/20
PRINT: ANN — MARIE SHARPE
;j
SIGNATURE: `` `-1
SUBMITTED TO CITY ATTORNEY
(20-2193 - GKW)
10/7/20
PRINT: VICTORIA MENDEZ
SIGNATURE: /s George K. Wvsong, III
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ART NORI f GA
`
G� &
SIGNATURE:
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO -CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PST:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
TEAM FOR LIFE
SERVICES AGREEMENT
This Agreement is entered into this _ day of , 20, and
effective on October 1st, 2020 by and between the City of Miami, a municipal corporation
of the State of Florida, ("City") and Mac Town Inc., 151 NW 62' Street, Miami FL 33138,
a Florida Non- Profit Corporation (3 AED units) ("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:
October 1St, 2020
3. SCOPE OF SERVICES:
A. Medical Oversight
City's designated medical director is responsible for medical direction and control to
review the quality of City's PAD program ("Medical Director") and, in cooperation with the
Program Administrator, as defined below, will:
• Review and/or approve of all medical aspects of Participant's PAD Program;
• Approve type(s) of AED unit(s) for use;
Page 1
• Review and/or approve ancillary medical equipment and supplies for Participant's
PAD 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 within the jurisdiction of the City and the Village
of Key Biscayne;
• Act as medical liaison with local emergency medical services ("EMS") and
coordinate EMS response protocols;
• Participate in the annual review and evaluation of the medical components of
Participant's Program and quality assurance processes that address medical
review of AED unit use,and recordkeeping.
B. Program Administration
City's Program Administrator ("Program Administrator") will provide the Medical Director
with a report on each use of an AED unit, as part of quality management and, in
consultation with the Medical Director, will:
• Assist in development and maintenance of a written program, and establishment
of protocols;
• Assist and approve placement of each AED unit;
• 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 the day -day management of the PAD
Program ("Program Liaison") and, in consultation with the Program Administrator 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, AED 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.
Page 2
4. COMPENSATION:
The amount of compensation payable by Participant to City for services under this
agreement is four hundred dollars ($400.00) ($300.00 + $50.00 each for 2 additional
AED units) in accordance with Exhibit "A" "Team for Life Services Agreement Fee
Schedule" attached, and is payable within sixty (60) days after receipt of Participant's
invoice.
5. 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
destructionor 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 of Participant; 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 authority in connection with the Agreement.
6. 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.
7. 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.
8. 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.
Page 3
9. 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.
10. 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. Participant warrants and represents it will comply with and
observe all legal requirements in connection with its PAD program in performing and
receiving all services and obligations under this Agreement.
11. ASSIGNMENT:
This Agreement shall not be assigned 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.
12. ENTIRETY:
This Agreement constitutes the sole and entire agreement between the parties hereto.
No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are
of no force or effect.
13. RESOLUTION OF DISPUTES:
Participant understands and agrees that all disputes between Participant and City based
upon the alleged violation of the terms of this Agreement by the City shall be submitted
to the City Manager for his/her resolution prior to provider being entitled to seek judicial
relief in connection therewith. In the event the amount of compensation hereunder
exceeds $25,000, the City Manager's decision shall be approved or disapproved by the
City Commission.
Page 4
(1st of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first written above.
ATTEST: CITY OF 1AMI, FLORIDA
Todd B. Hanno
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mdez
City Attorney
(211-2193 - GKW)
PARTICPANT:
By
Art ur N: iega V.
City Man-ger
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Signature
Print Name
Title
Date
Mac Town Inc.
C1174 1-- 0
By:
WITNESS OF PARTICIPANT:
Signature
S)flfel/d 1i1, r- > vere4-4--
Print Name
1' ff i ce P%ie_r
Title
e
Date
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so
executed shall he deemed to be an original, and such counterparts shall together constitute but one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other
email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an
electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.
Page 5
(2nd of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first written above.
ATTEST: J CITY O. IAMI, F ORIDA
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
,3a ,L_. a/6/a
Victoria Mdfidez
City Attorney
(20-2193 - GKW)
PARTICPANT:
By:
Arthur N iega V.
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Signature
Cif k &-
Print Name
./3. St de -VC- 6°
Title
Date
9/-2
Mac Town Inc.
By:
WITNESS OF PARTICIPANT:
Signature
kre112 A,ii/ler-Everrf I
Print Name
f--fi ce t%n4 jer
Title
Date
94,j . 6
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other
email transmission), which signature shall he binding on the party whose name is contained therein. Any party providing an
electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.
Page 6
ATTEST:
C - odd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria M&ndez
City Attorney
(20-2193 - ;Kw)
PARTICPANT:
By:
Signature
/-14_ � r
Print Name
dc—
Title
Cti• I/ 2
Date
(3rd of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first written above.
CITY OF MJA�I�I, FLORIDA
Arthur Norie V.
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Mac Town Inc.
By:
WITNESS OF PARTICIPANT:
lgnature
I-d ki MAT- ere- -
Print Name
L'i i I Cr )viQna�E'fl
Title
Date
17h L;)/Je
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall he deemed to he an original, and such counterparts shall together constitute but one and the
same Agreement. The parties shall he entitled to sign and transmit an electronic signature of this Agreement (whether
by facsimile, PDF or other email transmission), which signature shall he binding on the party whose name is contained
therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an
original signed Agreement upon request.
Page 7
(4th of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first written above.
ATTEST:
Todd B. Hannon&
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
, aA 6 .L a/6/L,
Victoria M ndez
City Attorney
(20-2193 - GKW)
CITY OF M I, FLORIDA
A ur Nori-g- V.
City Mana•er
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Mac Town Inc.
PARTICPANT: WITNESS OF PARTICIPANT:
By:
By:
Signature
Print Name
�n 5, ). F/ C r
Title
9b-1/)"
Date
Print Name
Name yy
ff/ce
Title
Date
//242.c
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which
so executed shall he deemed to be an original, and such counterparts shall together constitute but one and the same
Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile. PDF or other email transmission), which signature shall be binding on the party whose name is contained
therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original
signed Agreement upon request.
Page 8
WHEREAS, Mac Town Inc., a Florida non-profit corporation whose principal address
is 151 NW 62nd Street, Miami FL 33138 (hereinafter, the "Corporation"), desires to enter into
a Public Access Defibrillation (PAD) Program Agreement with the City of Miami, a copy of
which is attached hereto (hereinafter, the "Agreement"); and
WHEREAS, the Board of Directors of the Corporation at a duly held corporate meeting
has considered the matter in accordance with the Articles and By -Laws of the Corporation, copies
of which Articles and By -Laws are attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the
Corporation that r/ a 4.
as the President and
as the Corporate Secretary are
hereby authorized and instructed to enter into, to execute, and to deliver the Agreement and to
undertake the duties, responsibilities and obligations as stated in such Agreement in the name of
and on behalf of this Corporation with the City of Miami upon terms and conditions contained in
the Agreement to which this Resolution is attached.
DATED this / s/- day of J61).47 (BSe12
TTE'. T:
LO' PORAT1l CRETA ignature)
Print Name: I,S - ` �i� �2 9(; /) 1 (CORPORATE SEAL)
, 2002c7
PRESIDENT (Signature)
Print Name: C/-. at
Page l-9-7
EXHIBIT "A"
TEAM FOR LIFE
SERVICES AGREEMENT
FEE SCHEDULE
A. INITIAL TWO (2) YEAR TERM:
First (1) AED
Each additional AED
B. POST INCIDENT RESPONSE SERVICES:
* SUBSEQUENT RENEWAL TERM:
First (1) AED
Each additional AED
$300.00 (three hundred dollars)
$ 50.00 (fifty dollars)
$ 55.00 (fifty five dollars) per hour
$150.00 (one hundred fifty dollars)
$ 50.00 (fifty dollars)
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