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02/21/2001 Agreement;Dannp 1. 1kolbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY BRANCH OFFICE MARATHON, FLORIDA 33050 500 WHITEHEAD STREET 88820 OVERSEAS HIGHWAY TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070 FAX (305) 289-1745 TEL. (305) 292-3550 TEL. (305) 852-7145 FAX (305) 295-3660 FAX (305) 852-7146 MEMORANDUM DATE: March 8, 2001 TO: Reggie Paros, Director Public Safety Division ATTN: Stacey Devane, Executive Assistant Public Safety Division FROM: Pamela G. Hanco tf Deputy Clerk At the February 21, 2001, Board of County Commissioners meeting the Board granted approval and authorized execution of an Agreement between Monroe County and Ocean Reef Volunteer Fire Department, Inc. concerning the issuance and utilization of automated external defibrillator. Enclosed please find a duplicate original of the above for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File / FILED FOR RECORD AGREEMENT or HAR -8 PH I' 00 BETWEEN OAN;n L. I(OLHAl.oE BOARD OF COUNTY COMMISSIONERS, MONROILcmmn, FLORIDA AND MONROE COUNTY. t:"~. OCEAN REEF VOLUNTEER FIRE DEPARTMENT, INC. 1) The Board of County Commissioners, Monroe County, Florida, hereinafter referred to as COUNTY, and Ocean Reef Volunteer Fire Department, Inc., hereinafter referred to as DEPARTMENT, mutually agree as follows: 2) The COUNTY has acquired Automatic External Defibrillators (AED) through a grant provided by the Florida Department of Health, Bureau of Emergency Medical Services. 3) It is to the benefit of the residents and visitors of the COUNTY that the DEPARTMENT participates in a program of providing First Responder care in the event of a cardiac emergency. This includes the use of AED to enhance the probability of survival from cardiac arrest. 4) The COUNTY shall assign and distribute an AED to the DEPARTMENT for use in its capacity as First Responder to cardiac emergencies. 5) Maintenance and quality assurance of the AED will be the responsibility of the DEPARTMENT. The DEPARTMENT shall perfonn property inventory and control functions for the AED, provide for the periodic inspection and testing of the AED, and provide preventative and general maintenance and repair of the AED in accordance with industry standards, as a minimum. The DEPARTMENT shall be responsible for all costs of functions and services associated with the AED. 6) AED assigned to and used by DEPARTMENT remains the property of the COUNTY. AED shall be available for inspection by the COUNTY during nonnal business hours. AED shall not be transferred or loaned to any other agency or individual, and notification shall be made to the COUNTY if the unit is taken out of service. 7) DEPARTMENT employees and volunteers participating as First Responders shall at all times remain under the professional and administrative controls of DEPARTMENT. DEPARTMENT employees and volunteers while engaged in First Responder's training or perfonning those services do so within the course and scope of their duties as employees and volunteers of DEPARTMENT. 8) Every employee and volunteer participating in the training and use of AED in a prehospital emergency situation shall comply with appropriately established medical treatment protocols. 9) The Medical Director of the DEPARTMENT's Emergency Medical Service is responsible for establishing medical treatment protocols and reviewing and approving DEPARTMENT employees 1 and volunteers training procedures for use of the AED. The training may be an add-on component with biennial certification in Cardio-Pulmonary Resuscitation (CPR) to the BLS-C or professional rescuer level under the American Heart Association (AHA) protocols. 10) The Medical Director shall provide for each DEPARTMENT employee and volunteer who will be a participant in the AED program a training fonnat as follows: a) Provide training consistent with established BLS-C and established guidelines from the manufacturer for issued AED. b) Coordinate with DEPARTMENT supelVising staff members, as detennined by the DEPARTMENT Fire Chief or his designees, assignments that may be assumed by the DEPARTMENT employees and volunteers during their training. c) Provide materials and maintain personnel records and reports necessary for the pelfonnance and documentation of DEPARTMENT employees and volunteers' training. d) Coordinate enforcement of such training requirements and pelfonnance of DEPARTMENT employees and volunteers with the DEPARTMENT Fire Chief or his designees. e) Provide a methodology for data collection for Quality Assurance purposes. 11) The DEPARTMENT covenants and agrees to indemnify and hold hannless the COUNTY, its officers, agents and employees, from any and all claims for bOdily injury Oncluding death), personal injury, and property damage (including property owned by the COUNTY and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the DEPARTMENT, occasioned by the negligence, errors, or other wrongful act or omission of the DEPARTMENT or its employees. 12) The DEPARTMENT shall obtain, at its expense, and maintain General Liability, Vehicle Liability, Medical Professional Liability and Workers' Compensation insurance as specified below throughout the tenn of this AGREEMENT. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain rating of A - VI, as assigned by the A.M. Best Company. 13) The DEPARTMENT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: a Certificate of Insurance or a certified copy of the actual insurance policy. The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this AGREEMENT. The acceptance and/or approval of the DEPARTMENT's insurance shall not be construed as relieving the DEPARTMENT from liability or obligation assumed under this AGREEMENT or imposed by law. 2 14) General Liability - a minimum limit of $1,000,000 Combined Single Limit (CSL) and include, as a minimum: a) Premises Operations b) Products and Completed Operations c) Blanket Contractual Liability d) Personal Injury Liability e) Expanded Definition of Property Damage An Occurrence fOITTl policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this AGREEMENT. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the COUNTY. 15) Medical Professional Liability - a minimum limit of $1,000,000 per occurrence/$3,OOO,OOO Aggregate. If coverage is provided on a claim made basis, an extended claims reporting period of four (4) years will be required. 16) This AGREEMENT will commence on the date of full execution and will continue indefinitely or until telTTlinated by either party. The COUNTY and DEPARTMENT will review this AGREEMENT annually incorporating changes required by statutes, Executive Orders, or regulations. Such changes will be evidenced by a modification to this AGREEMENT or by a superseding AGREEMENT. If the parties fail to agree on any such changes, the AGREEMENT will be telTTlinated. 17) TelTTlination may be effected by either the COUNTY or DEPARTMENT, upon thirty (30) days written notice when deposited in the United States Postal Services mail, and directed to the party to whom notice is being given, at the addresses set forth below: FOR THE COUNTY: FOR THE DEPARTMENT: James L. Roberts, County Administrator President of Ocean Reef Volunteer Monroe County Fire Department, Inc. 5100 College Road Key West, FL 33040 Mail Room Box 510 N. Key Largo, Florida 33037 3 In Witness whereof the parties have caused this memorandum of understanding to be executed by their respective authorized representatives on this the ;2 I st day of -::J~ 2001. BOARD OF COUNTY COMMISSIONERS t= MONROE COUNTY, FL~.M'A d- ~?),e f~~ Deputy Clerk Mayor/Chainnan Monroe County, Florida (SEAL) By: . OCEAN REEF VOLUNTEER FIRE DEPT., INC. Y-L6LJ David C. Ritz Public Safety Director ATTEST: Secretary AAPPRO~ED AS TO FORM y, 4