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Control #19102 08/19/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 25, 2009 TO: Fire Chief James Callahan Fire-Rescue Department A TTN: Darice Hayes Pamela G. HanC~c. FROM: At the August 19, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Agreement between Monroe County and the University of Miami Miller School of Medicine (UM), Gordon Center for Research in Medical Education (GeRME), Division of Prehospital and Emergency Healthcare 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. Enclosed are six (6) duplicate originals of the above-mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" as well as the "Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. CC: County Attorney wlo document Finance wlo document File /~ n.-~..""...".... c., 6.'-,.....y '''t,l~-.''~''" n.t~-"._ ^--l~ !'f...,....'(ij.,..... , 1"...'...>;.;('....\'.; ,,\ '''.\.:.:. ~ ...~.I"I.. f.,. Uln'" '. " t<I.....V.;.:...,'~ ",.)i...:... '".,,,,,,,,U~:""1J#tf ''-~~~ ' J.t.....of~;.rV . ..... 4, "'\ ."1 l IL.- 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 19 th day of Augus t , 2009, by and between the University of Miami Miller School of Medicine, Gordon Center for Research in Medical Education, Division of Prehospital 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). WHEREA.S, 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: I. T'he GCRME shall: A. Monitor compliance with AHA training requirements for courses and curriculum conducted by SATELLITE as a Satellite Training Site. GeRME shall have authority to terminate SATELLITE'S designation as a satellite training center if GCRME 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 SA TELLITE. 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. MONROE Satellite for BLS & ACLS F. Enter and maintain data for the SATELLITE courses in the GCRME' sTraining 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. I. 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 ofSATLLITE'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 (30) 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 SATELLITE 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 Aug. 19 , 2009 and renew automatically for successive one (1) year terms. 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.O. Box 016960 (D-41) Miami, FL 33101 For Monroe County Fire Rescue Gary Boswell Monroe County Fire Rescue 490 63 St. 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. I. 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. J. 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. d FOR THEY~ERSITY OF MIAMI 1// ..."' Bfft'~rto M. Speziani - Vice President for Business Services University of Miami c ~ ." . " ~~ c:::::;) r "..... ~ fTl ::::- CJ z ., I C) 0" :::0 -0 :::0 ::I: fTl ("") ::- -:: 0 Cj .z::- :::0 rq U1 0 FOR BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:Ar:f-J!:. lfJ~,e.<r- Date: George Neugent, Mayor r..tJG 1 9 2009 [SEAL] ATTEST: DANNY L. KOHLAGE, CLERK V~~ Deputy ererk 5 ~Lv~ 7/;27/07