Item C15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19-20. 2001
Division: Public Safety
Bulk Item: Yes X
No
Department: EMS
AGENDA ITEM WORDING: Approval of contract with American Heart Association for Monroe
County to provide and manage the training for emergency cardiovascular care under the guidelines and
curriculum of the American Heart Association, for a two year period beginning September 01, 2001
and ending August 31,2003.
ITEM BACKGROUND: This agreement will allow all healthcare providers and community citizens
to have access to the courses and curriculum offered by the American Heart Association. The terms of
this agreement provides that it may only be extended by mutual written agreement of the parties. Each
party is free to decline to renew or extend the term of the agreement.
PREVIOUS REVELANT BOCC ACTION: At the September 08,1999 meeting, County
Commission Board granted approval and authorized execution of the contract between Monroe County
and the American Heart Association for a two year period, from September 01, 1999 and ending
August 31, 2001.
CONTRACT/AGREEMENT CHANGES: Term of Agreement is from September 01,2001 and
ending August 31, 2003.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: NIA
BUDGETED: Yes
No
COST TO COUNTY: NI A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~y es
Risk Management Yes
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X To Follow
Not Required
DISPOSITION:
AGENDA ITEM #
/-LI5
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: American Heart Association Effective Date: September 01. 2001
Expiration Date: August 31. 2003
Contract Purpose/Description: For Monroe County to orovide and manage the training for
emergency cardiovascular care under the guidelines and curriculum of the American Hearth
Association.
Contract Manager: James R. "Reggie" Paros
(Name)
6004
(Ext.)
EMS 1 Stoo #14
(Department)
for BOCC meeting on 12/19-12/20/2001
Agenda Deadline: December 05.2001
CONTRACT COSTS
Total Dollar Value of Contract: $0 Current Year Portion: $Q
Budgeted?YesD NoD A~countCodes: _-_-_-_
Grant: $
County Match: $
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
O.M.B./Purchasing
Date Out
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Division Director
Risk Management
County Attorney
Comments:
OMB Fonn Revised 9/11/95 MCP #2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: American Heart Association Effective Date: September 01.2001
Expiration Date: August 31. 2003
Contract Purpose/Description: For Monroe County to provide and manage the training for
emergency cardiovascular care under the guidelines and curriculum of the American Hearth
Association.
Contract Manager: James R. "Reggie" Paros
(Name)
6004
(Ext. )
EMS 1 Stop #14
(Department)
for BOCC meeting on 12/19-12/20/2001
Agenda Deadline: December 05.2001
Total Dollar Value of Contract: $Q
Budgeted? YesD No D Account Codes:
Grant: $
County Match: $
CONTRACT COSTS
Current Year Portion: $Q
- - -
----
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Division Director YesD NoD
RiskManagement "(2(,[01 YeSONog((, L.\~ R~~N'
O.M.B./Purchasing \\\<.."'101 YeSONo~m
County Attorney ! J{2-'1/ 0 ( YesD Noc:v' .-#-
Date Out
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Comments:
OMB Form Revised 9/11/95 MCP #2
Community Training Center
Agreement
This is an agreement between the American Heart Association, Inc., with its principal place of
business at 7272 Greenville Avenue, Dallas, Texas, 75231-4596 (hereinafter the "AHA") and
Monroe County BOCC, with its principal place of business at 490 63rd Street, Suite 170,
Marathon, Florida 33050, (hereinafter "Community Training Center" or "CTC").
WHEREAS, the AHA is a nonprofit organization dedicated to fighting heart disease and stroke
and sets guidelines for emergency cardiovascular care ("ECC") and ECC training;
WHEREAS, CTC would like to provide, and manage the provision by others of, ECC training
under the guidelines and curriculum of the AHA;
NOW THEREFORE, in consideration of the mutual promises set out herein, the parties hereby
agree as follows:
1. Definitions:
1.1. AHA Materials: "AHA Materials" shall mean all ECC materials published by the
AHA, including, but not limited to, textbooks, instructor's manuals, tests, keys,
evaluation forms, newsletters, course completion cards, and course participation
cards.
1.2. Courses: "Course" or "Courses" shall mean the approved ECC courses listed
below in which Course Cards will be distributed.
A. Basic Life Support
Provider Course(s)
Instructor Course(s)
B. Advanced Cardiac Life Support
Provider Course(s)
Instructor Course(s)
1.3. Course Cards: "Course Cards" shall mean those cards bearing the AHA
Servicemarks and ECC logo which CTC may distribute to students pursuant to
Program Guidelines to indicate that the student participated in or successfully
completed a Course.
1.4. Geographic Territory: The "Geographic Territory" shall mean the State of Florida.
1.5. Training Sites: "Training Sites" shall mean persons or organizations engaged or
authorized by CTC to teach Courses and for whom CTC will process course
rosters.
1.6. Instructors: "Instructors" shall mean persons engaged or authorized by CTC or
Training Sites to teach Courses.
ere! AHA Agreement
Page 3
2.5.2. CTC may sell AHA ECC textbooks and Instructor's Manuals to students,
Instructors, and other third parties. However, it may not sell or distribute
to any third party, other than Training Sites and/or Instructors, AHA
Course evaluation forms and/or answer keys. AHA Course evaluation
forms and/or answer keys may be used only for provision of Courses
under this Agreement. CTC shall prohibit Training Sites or Instructors
from copying, re-selling or distributing AHA Course evaluation forms and
answer keys.
2.6. Course Coordinators: CTC shall designate an employee of CTC (hereinafter
"CTC Coordinator") to serve as the primary contact between CTC and the AHA
regarding all administration of ECC training, including, but not limited to,
customer service, Course scheduling, card issuance, and records maintenance
and retention. CTC shall ensure that new CTC Coordinators attend an
orientation with AHA during the contract period.
3. Reviews: The AHA may monitor and/or review CTCs' and Training Sites' performance
and compliance with Program Guidelines and AHA curriculum at least once each year
through a review of Course records, site reviews, and course audits. CTC shall provide
the AHA with access, as needed, to Training Site facilities and records. This shall be in
addition to the monitoring of Instructors as a part of their review.
4. Dispute Resolution:
4.1. Subject to paragraph 4.2 below, CTC agrees that any disputes regarding Course
curriculum, its compliance with Program Guidelines, or other matters regarding
its delivery of AHA ECC training shall be resolved according to the Dispute
Resolution Policy set out in the Program Guidelines.
4.2. Notwithstanding the terms of paragraph 4.1, each party to this Agreement shall
at all times be entirely free to exercise its rights of termination under Section 10
without regard to whether a dispute exists at the time of such termination which,
in the absence of such termination, would be resolved pursuant to Section 4.1 ,
and, if such a dispute should then exist, without any requirement that such
dispute be resolved pursuant to Section 4.1 .
5. Costs and Fees: All costs of providing Courses and fees charged to students shall be
the responsibility of the CTC. The AHA shall not have any responsibility for any costs
incurred, or fees charged, by CTC or Training Sites. The AHA is paid no fees by CTC
or any Training Sites or Instructors, and the AHA has no financial interest in the
business of CTC, Training Sites or Instructors.
6. Relationship of the Parties: The parties acknowledge and agree that the relationship
created by this Agreement is that of independent contractors, each is an independent
business entity and, as such, neither party may represent itself as an employee, agent,
or representative of the other; nor may it incur any obligations on behalf of the other
party; nor are the parties joint ventures or partners; nor does the relationship created
under this agreement constitute a franchise. CTC is solely responsible for carrying out
its responsibilities under this agreement. CTC is solely responsible for Training Sites'
performance under this Agreement and for its contractual relationship with Training
Sites. Employees of CTC and/or Training Sites are not, and shall not be considered
CTct AHA Agreement
Page 5
Instructors, their employees or agents, (b) acts or omissions of the CTC, Training
Sites and/or Instructors, and (c) any breach by the CTC and/or Training Sites of the
terms of this Agreement.
9.2. In no event shall the AHA and/or its affiliates nor their officers, employees,
volunteers or agents be liable to CTC or Training Site for any direct, indirect,
special, consequential, or incidental damages.
10. Term and Termination
10.1. The term of this Agreement shall be for a two-year period, beginning on
September 1. 2001 and ending on AUQust 31. 2003. It may only be extended
by mutual written agreement of the parties. Each party is free to decline to
renew or extend the term of this Agreement.
10.2. Upon termination or expiration, with or without cause, all unused Course Cards,
rosters, and monitoring forms shall be delivered to the AHA.
10.3. This agreement may be terminated by either party if the other party breaches
any term or condition of the Agreement and fails to cure the breach within ten
(10) business days after receipt of written notice describing the breach. CTC
acknowledges and agrees that breach includes, but is not limited to, failure by
CTG or Training Sites to comply with program and/or curriculum guidelines, and
that neither the AHA nor its affiliates nor their officers, employees volunteers or
agents shall have any liability for any resulting termination under this Agreement.
10.4. This Agreement may also be terminated by either party, without cause, upon
sixty (60) days' prior written notice.
11. General Terms:
11.1. Assignment This Agreement may not be assigned by CTC without the prior
written consent of the AHA.
11.2. Entire Agreement This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed, and
supersedes all prior written or oral agreements or communications between the parties.
In the event of any conflict between the terms of this Agreement and the terms of the
Program Guidelines, the terms of this Agreement shall prevail.
11.3. CTG warrants and represents that upon execution hereof, this Agreement shall be the
legal, valid and binding obligation of GTC, enforceable against CTC in accordance with
its terms. The individual signing this Agreement warrants and represents that he/she is
duly authorized to sign this Agreement on behalf of GTC.
11.4. Waiver. No waiver of any term, provision, or condition of this Agreement, whether
by conduct or otherwise, shall be deemed to be, or shall constitute, a waiver of any
other provision hereof; nor shall such waiver constitute a continuing waiver. No
waiver shall be binding unless executed in writing by the party making the waiver.
ere! AHA Agreement
Page 7
AGREED:
American Heart Association, Inc.
Monroe County BOCC
By: ~ Y..LY ~
Title: Te~~r
Date:October 31.2001
By:
Title:
Date:
Last revised: 5/01
APPROVED AS TO FORM .,
A~ SUFFIc;r~~ -
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c./ SUZANN1A~ H(JT1'ON
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