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Item C02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person/Phone #: Darice Hayes / 6004 AGENDA ITEM WORDING: Approval of an Agreement with the University of Miami Miller School of Medicine (UM), Gordon Center for Research in Medical Education (GCRME), designating Monroe County Fire Rescue (MCFR) as a satellite training site to offer American Heart Association (AHA) Basic Life Support (BLS), and Advanced Cardiac Life Support (ACLS) courses. ITEM BACKGROUND: In June of 2007, Monroe County entered into an agreement with UM, GCRME designating MCFR as a satellite training site to offer BLS and ACLS courses. UM has increased the fees charged for the services they provide in May of 2009. In view of the foregoing, a new Agreement had to be drawn up to incorporate these modestly increased fees. MCFR desires to continue acting as a satellite training site and therefore wishes to enter into this new agreement with UM, GCRME effective August 19, 2009 (MCBOCC meeting date). PREVIOUS RELEVANT BOCC ACTION: At the February 15,2006 Board of County Commissioner's (BaCC) meeting the Board granted approval of an Agreement with the UM, and the BaCC for MCFR to act as a satellite training site of the UM for AHA approved courses in Advanced Cardiac Life Support (ACLS) and Basic Life Support (BLS) for the period beginning March 01,2006 through February 28, 2007. At the August 15,2007 Board of County Commissioner's (BaCC) meeting the Board granted approval of an Agreement with the UM, and the BaCC for MCFR to continue to act as a satellite training site. This Agreement commenced on June 1, 2007 and would renew automatically for successive one year terms. CONTRACT/AGREEMENT CHANGES: The Agreement, which has incorporated the fee increase, shall commence on August 19,2009 and renew automatically for successive one (1) year terms or until earlier terminated by either party as set forth in Section III (C) of the Agreement. STAFF RECOMMENDATIONS: The Agreement maintains affiliation requirements for in-county instructors, and it allows them to teach in-county courses both in a timely and cost efficient manner. In view ofthe strict budget constraints facing the County presently, Fire Rescue staff recommends that this Agreement be approved. TOTAL COST: $900.00 INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/ A COST TO COUNTY: $900.00 SOURCE OF FUNDS: Ad Valorem Taxes 141-13001-530540 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty tJj)7 OM:r;urchasing ______ Risk ManagemexYl J-- - DOCUMENTATION: Included YES DISPOSITION: Not Required ______ AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: University of Miami Miller School of Medicine Contract #_ Effective Date: Expiration Date: August 19,2009 Ongoing Contract Manager: Darice Hayes (Name) 6004 (Ext.) Fire Rescue 1 Sto #14 (Department/Stop #) for BOCC meetin on " 8/19/09 A enda Deadline: 8/4109 CONTRACT COSTS Total Dollar Value of Contract: $ 900.00 Budgeted? Yes[g] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ $ 900.00 (FYlO) 13001-530540-_-_-_ - - - - ----- - - - - ----- - - - - ----- Estimated Ongoing Costs: $_/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Mana~ement t} o(\-x\ O.M.B,/Purchdsing Changes ;:~~ :::~~::~~wcr YesDNoD ~~~ ?!d<1/cJl YesD NoD ~,:L,..~ ~ ~ Comme~ts: f/7t!-Y:CJ5.e 4':/;Jn0~ ~ ~fY' (j '!5/JO 4..,}rr<j/)O Cf- (.~bLt!~ ~ t"'4A d... (j&e ~ Jf~ ~ .pr:; /(iji.P'~bJy.P./). Date Out Division Director County Attorney OMB Form Revised 2/27/01 MCP #2 . AGREEMENT FOR SATELLITE TRAINING CENTERS OF THE UNIVERSITY OF MIAMI MILLER SCHOOL OF MEDICINE, GORDON CENTER FOR RESEARCH IN MEDICAL EDUCATION, DIVISION OF PREHOSPIT AL AND EMERGENCY HEAL THCARE This Agreement is entered into this day of ,2009, by and between the University of Miami Miller School of Medicine, Gordon Center for Research in Medical Education, Division of Pre hospital and Emergency Healthcare, a not-for-profit organization, organized and existing under the laws of the State of Florida (hereinafter referred to as "GCRME") and the Monroe County Board of County Commissioners for Monroe County Fire Rescue (hereinafter referred to as "SATELLITE"). WHEREAS, the GCRME is authorized by the American Heart Association (AHA) as a training center; WHEREAS, the SATELLITE desires to act as a satellite training site of the GCRME for AHA courses in Basic Life Support (BLS) and Advanced Cardiac Life Support (ACLS), WHEREAS, the GCRME is authorized to designate and monitor a facility as a satellite training center; NOW, THEREFORE, in consideration of the foregoing and in further consideration of the mutual benefits and promises contained herein, the parties hereby agree as follows: 1. The GeRME shall: A. Monitor compliance with AHA training requirements for courses and curriculum conducted by SATELLITE as a Satellite Training Site. GCRME shall have authority to terminate SATELLITE'S designation as a satellite training center ifGCRME determines, in its sole discretion, that SATELLITE is not in compliance with AHA training requirements. B, Verify that standards for equipment, materials, supplies, files and the satellite training site are maintained by making an initial and then annual follow-up visit to the satellite-training site, which will be scheduled in advance at a mutually convenient time. C. Submit all required data and/or reports for satellite training sites to the AHA and maintain a file of each instructor teaching BLS and ACLS courses on behalf of SATELLITE. D, Agree to be designated as the primary Training Center. E, Provide the SATELLITE with AHA course completion cards one week following receipt of a properly completed roster and course outline, including instructor assignments for each course taught by the SATELLITE. 1 MONROE Satellite for BLS & ACLS . F. Enter and maintain data for the SATELLITE courses in the GCRME's Training Center computerized database. G. Bill the SATELLITE for fees and costs as described in this Agreement. The fees and costs may be changed by GCRME at any time, GCRME shall provide thirty (30) days notice to SATELLITE of any changes to the fees and costs within its control. H. Request payment yearly for the affiliation fee. Request payment upon completion of each course taught by SATELLITE for AHA card costs and per student processing fees through submission of a properly completed invoice. L Update instructors' information entered in the database who have designated GCRME as their primary training center regarding AHA course changes, science guidelines, policies and procedures in accordance with AHA guidelines. II. The SATELLITE shall: A. Designate a BLS and ACLS Instructor as the Training Center Coordinator(s) for the SATELLITE as a Satellite Training Site, B. Provide staff to serve as BLS and ACLS instructors for SATELLITE courses and require that all instructors for SATELLITE designate GCRME as their primary training center or. provide to the GCRME, prior to conducting any BLS or ACLS training session, documentation of their affiliation with an AHA approved primary training center. C. Provide the GCRME with a master list of all SATELLITE instructors and expirations dates of said instructors' BLS and ACLS Instructor Certification(s). D, Agree to require that all instructors fulfill the roles and responsibilities of an instructor as outlined by AHA in the BLS and ACLS Instructor Manuals. E, Maintain the following documents for each course provided for three (3) years: course outline, attendance records with contact hours granted, all rosters with the written examination scores, education program/class evaluation tally forms, skills evaluation for each student. F. Submit the following documentation to the GCRME upon completion of each course provided by the satellite training site: course outline, attendance records with contact hours granted, roster with written examination scores, education program/class evaluation tally forms. G, Purchase necessary AHA textbooks for the BLS and ACLS courses and obtain all supplies/ materials/equipment needed for the courses, H. Clean and maintain equipment used for the courses according to AHA standards. 2 MONROE Satellite for BLS & ACLS I. The SATELLITE is a state agency subject to limited liability under Section 768.28, F.S., and maintains adequate insurance to respond to any liability in excess thereof. To the extent authorized by Section 768,28 F.S., SATELLITE shall indemnifY, defend and hold harmless GCRME, and GCRME's agents, trustees, executors, personal representatives, general partners, limited partners, and attorney-in-fact, of and .from any and all fines, claims, demands, liability, cost or expense (including but not limited to attorney's fees) and causes of action, of every nature whatsoever brought by any person or entity, arising or growing out of, directly or indirectly, the following (i) the occupation or use of the Premises, the Building, or the Property and every part thereof, by SATELLITE, (ii) any breach or violation of this Agreement by SATELLITE, or (iii) the conduct of SATLLITE'S business. For all purposes of the indemnification granted herein, the claims, demands, acts or omissions of SATELLITE'S contractors, employee, agents, servants, guests, clients and invitees shall be deemed to be those of the SATELLITE. In any such event, the comparative negligence on the part of the GCRME or its representatives shall not in any way limit or effect SATELLITE'S obligation under this indemnification, J. IndemnifY, defend and hold harmless the GCRME, from any and all losses, claims, expenses, liabilities and causes of action arising out of the negligence of the SATELLITE in connection with the operation of this Agreement. K. Remit payment to the GCRME within thirty (3Q) days of receipt of invoice as follows: Annual Training Center affiliation fee .........................................$400.00 Per student processing fee.." .................................... .............,.."",." ...4.00 Unit cost of each AHA card.......... Published price in effect on class date The unit cost of each AHA card is in the control of and published by the American Heart Association and its designated distributors. SATELLITE understands and agrees that the GCRME will charge the unit price in effect on the date of the class for which it is requested. The GCRME must provide a minimum of thirty (30) days notice in writing to SA TELLITE of any change in the per student processing fee, The GCRME is to provide written notice to SATELLITE at least thirty (30) days prior to the renewal of this agreement of any change in the annual training center affiliation fee, III. The GCRME and SATELLITE mutually acknowledge and agree: A. This Agreement shall commence on for successive one (1) year terms, ,2009 and renew automatically B. SATELLITE will be considered in default of this agreement in the event invoices go unpaid for more than 90 days past the date issued, and the GCRME 3 MONROE Satellite for BLS & ACLS may suspend at that time any or all services to the SATELLITE as described in this agreement until all outstanding charges are satisfied, C. This Agreement may be terminated without cause by either party with no less than thirty (30) days written notice to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of receipt. Said notice shall be delivered to the contact person for the appropriate party in accordance with Section III, Paragraph E of this Agreement. Should this Agreement be terminated by either party, SATELLITE agrees to satisfy all outstanding charges due at the time of termination within thirty (30) days. D. The GCRME will notify the SATELLITE immediately should its status as a Training Center for the American Heart Association change. E. Every notice in this Agreement shall be in writing and directed to the respective contact persons and addresses set forth below: To the Gordon Center for Research in Medical Education (GCRME) Humberto M. Speziani 1507 Levante Avenue Rm 327 Coral Gables, FL 33146 And Angel Brotons 1120 N.W. 14th Street Miami, FL 33136 Mailing: P,Q. Box 016960 (D-41) Miami, FL 33101 For MOlioe County Fire Rescue Gary Boswell MOlioe County Fire Rescue 49063 S1. Ocean Marathon, FL 33050 F. Both parties agree that this Agreement contains the entire agreement of the parties and that there are no conditions or limitations to this undertaking except those stated herein. G. This Agreement may only be amended by written consent of both parties, No alteration, change or modification shall be binding or effective unless executed in writing and signed by both parties hereto, 4 MONROE Satellite for BLS & ACLS H. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising from this Agreement shall be Miami-Dade County, Florida. 1. The failure by any party to enforce at any time any of the provisions of this Agreement, or any rights with respect hereto, or to exercise any election herein provided, shall in no way be considered to be a wavier of such provision, rights or elections, or in any way affect the validity of this Agreement. 1. Nothing in this Agreement shall be construed to permit the assignment by either party of any rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of both parties. K. If any provision of this Agreement is held invalid for any reason, the other provisions of this Agreement shall remain in effect, insofar as is consistent with the law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized, FOR THE UNIVERSITY OF MIAMI By:Humberto M, Speziani Vice President for Business Services University of Miami FOR BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: George Neugent, Mayor [SEAL] Date: ATTEST: DANNY L. KOHLAGE, CLERK By: Deputy Clerk 5 MONROE COUNTY ATTORNEY PROVED AS TO ~MM:' /J ' , /J~ NATJLEENE IN, CASSEL ASSISTANT COUNTY ATTORNEY Date .7j .;17 / OJ