HomeMy WebLinkAbout23688AGREEMENT INFORMATION
AGREEMENT NUMBER
23688
NAME/TYPE OF AGREEMENT
EASTER SEALS SOUTH FLORIDA INC.
DESCRIPTION
TEAM FOR LIFE SERVICES AGREEMENT/AUTOMATED
EXTERNAL DEFIBRILLATOR/FILE ID: 08-01185/R-08-
0606/MATTER ID: 20-2594/#23
EFFECTIVE DATE
ATTESTED BY
NICOLE EWAN
ATTESTED DATE
12/8/2020
DATE RECEIVED FROM ISSUING
DEPT.
11/22/2021
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Easter Seals South Florida, Inc.
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
X PROFESSIONAL SERVICES AGREEMENT
GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY)
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
11/30/2020
PRINT: Ty McGann, AFC
y��
SIGNATURE: --?�y(�—
SUBMITTED TO RISK MANAGEMENT
11/30/20
PRINT: ANN — MARIE SH[E
i
SIGNATURE: I
SUBMITTED TO CITY ATTORNEY
(20-2594 - GKW)
PRINT: VICTORIA MENDjEZ
SIGNATURE: /s George K. Wysong, III
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ART NORIEGA
SIGNATURE:
1) ONE ORIGINAL TO CITY CLERK;
2) ONE COPY TO CITY ATTORNEY'S C FFICE,
3) REMAINING ORIGINALS) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
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 September 1, 2020, by and between the City of Miami„ a municipal
corporation of the State of Florida, ("City") and Easter Seals South Florida Inc. 1475
NW 140 Avenue, Miami FL. 33125 ("Participant").
A. Participant has acquired an automated external defibrillator ('4AED") for use
outsides 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 torn:
SePtember 1, 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 PADprogram ("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;
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• Review andfor approve ancillary medical equipment and supplies for Participants
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 Cityand 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 Prograrn 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 responseservices on location;
• Upon request provide program updates, status reports, and response to questiont.
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 'tinder this
agreement is One hundred fiftv dollart ($150.00) 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 hamiless 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 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 histher 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 PartiCipent fails to corn* with 'any etsential terrn 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. Partidpant 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 temlination.
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.
Participants 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
res. - ive and duly authorized officers the day and year first written above.
ST.
CITY OF MIAMI ,FLORIDA
]] odd. Hannonier Arthur Noriega
-y..��'h City Jerk City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Vori�lyde L
City Attorney
(20-2594 - GKW)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Easter Seals South Florida Inc.
PARTICPANT:
4
By: =kk rY\ CDA By:
ignature
Print Name
b6l ail
Title
WITNESS OF PARTICIPANT:
Signature
-f17Y)
Print Name
A ! iL e- OK - ff\ r.
Title
Date Date
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 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
res 've and ed officers the day and year first written above.
ES
tii Tod.: Hannon
City • erk
APPROVED AS TO FORM AND
CORRECTNESS:
3a L. 71 o/4/9
Victoria ndez
City Attorney
(20-2594 - GKW)
CITY OF , FLORI
Arthur Norieg
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
PARTICPANT:
By:
Print Name
Title
Date
Easter Seals South Florida Inc.
C i
By:
WITNESS OF PARTICIPANT:
Signature
4,'/LE 1412Yffill
Print Name
baPC ji.f_ 144'ii, .DC.'A
Title
Date
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 he 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 6
j3Td of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
res. -ctive and duly authorized officers the day and year first written above.
AT EST.
annon
APPROVED AS TO FORM AND
CORRECTNESS:
L. 7 6/6/a
Victoria Mdez
City Attorney
(20-2594 - GKW)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
Easter Seals South Florida Inc.
PARTICPANT:
By: By:
Signature Signature
WITNESS OF PARTICIPANT:
1-04k�1=\I C4W r it /�t (i t* � E i r(1 TA' 7
Print Name not Name
'c'sr C -71)
Title
Title
Date Date
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 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 7
(41t of 4 original copies to be signed)
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
res • ective and :.. • • +'. ed officers the day and year first written above.
EST.
Todd : Hann
City ' Ierk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Meirdd�
City Attorney
(20-2594 - GKW)
CITY OF MIAMI, FIDA
Arthur Kloriega V.
I �y` City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Department of Risk Management
PARTICPANT:
Easter Seals South Florida Inc.
By:
gnature
Print Name
frtle
Date
WITNESS OF PARTICIPANT:
AJ/ce1,6 44eit
Print Name
4;k-6c ri-5mi SdC.r
Title
Date
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 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
•
hose principal address is (hereinafter, the
tt.
A
7
Corporation that
t„ the .fresident
as. the Corporate, $coretary are hereby
DATED this day of
Frint Naiad: (coRroggg
Page 9
NON-PROFIT CORPORATE RESOLUTION,
WHEREAS,Easter Seats South Floridalne., a Floriclainni-prefit corporation ivhosa
printipat addresS is 1475 NW.14111Aventiq,MianiIFL33125 •(hereitutfter, the'CorpOration");
desires td enter into a Public Access Defibrillation (PAD) Program.Atreentent with the City'of
Miami, a copy of which is attaChedheireto (hereinafter,ihe -‘Agreetiietir); and
WBEREAS;ffie Board of Directors of the Corporation at a duly bActcpxppTattlilepting
has considered,the matter in accordance with the Ankles and By-LaWs of the Corporation, copies,
ofwhich Articles and By-Lawageattached hereto;
NOW, TBEREFORE, BE IT RESOLVED BY THE BOARD OFDMECTORS ofthe
Corporation 1at L9reert Chant
Lourdes Rivas
ita the Pretident 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 terins and cOnditiont contained in
the Agreement to which this, Resolution is attached:
DATED this 12th day of November 20.20
(4.0.dik ,C_Or,k4b
PRESIDENT (Signature)
ATTEST: Print Name; Loreen Chant
01.
CORPORATE SECRETARY (Signature)
Print Name: Lourdes Rivas
(CORPORATE- SEAL)
EXHIBIT "A"
TEAM FORLIFE
SERVICESAGREEMENT
:FEE SCHEDULE
A. INITIAL TWO (2) YEARsTERM:
First (1) AED
Each additional AED
B. POST INCIDENT RESPONSE SERVICES:
* SUBSEQUENT RENEWAL TERM:
First (1) AED
Each additional AED
$300.00;(three hundred CI011arS)
”0.00, (fifty dolIars).
55.00(fifty-five:dollarS) per hour
:$150.00 (one -hundred fifty dollars)
50:00 (ftfty'd011att)
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