HomeMy WebLinkAboutReso 2009-1399
RESOLUTION NO. 2009- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY
ISLES BEACH AND THE MIAMI-DADE COUNTY FIRE
DEPARTMENT, TO PARTICIPATE IN THE PUBLIC ACCESS TO
DEFIBRILLATOR DEMONSTRATION (P ADD) PROGRAM,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT, AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter
into agreements for the mutual benefit of governmental units; and
WHEREAS, the Miami-Dade County Fire Department's Public Access to Defibrillator
Demonstration (P ADD) Program, including P ADD programs across the country, are helping
communities recognize the importance of having Automatic External Defibrillators (AEDs)
readily available in public places; and
WHEREAS, Florida Statute 768.13 (Good Samaritan Law) gives immunity to lay people
who help others in distress as there is support at the Federal level since the Cardiac Arrest
Survival Act (CAS A) of 2000 encourages placement of AEDs in Federal buildings and ensures
Federal liability protection for those who acquire or use an AED to help save a life; and
WHEREAS, the City of Sunny Isles Beach wishes to participate in the Miami-Dade
County Fire Department's PADD Program in order to increase the public's survivability from
sudden cardiac arrest by providing funding, awareness, training, equipment and quality
management including program management in public access defibrillation; and
WHEREAS, by participating in the County's P ADD Program, the City of Sunny Isles
Beach will receive five (5) AEDs to be placed throughout the Government Center; and
WHEREAS, the City Commission finds that entering into this Interlocal Agreement with
Miami-Dade County Fire Department is in the best interest of the City,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Interlocal Agreement with Miami-Dade County Fire
Department for participation in its Public Access to Defibrillator Demonstration (P ADD)
Program, attached hereto as Exhibit "A", be and the same, is hereby approved,
R2009-lnterlocal Agmt with County Fire Dept re PADD Defibrillators
Page 1 of2
Section 2, Authorization of Mayor. The Mayor IS hereby authorized to execute said
Interlocal Agreement
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement
Section 4,
Effective Date, This Resolution will become effective upon adoption,
ATTEST:
,
~.~A:~
Jane,A, Hines, CMC, City Clerk
Moved by: Vi {II. ffi.~l("Tt4" L.~~
Seconded by: d~~ ~ s.s., () ~ t.m. ~bh\ it^'
Vote: ~-O
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)
~(Y es)
V(Yes)
V (Yes)
L(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2009-lnterlocal Agmt with County Fire Dept re PADD Defibrillators
Page 2 of2
Serving Unincorporated
Dade County and the
Municipalities of:
Aventura
Bal Harbour
Bay Harbor Islands
Biscayne Park
EI Portal
Florida City
Golden Beach
Hialeah Gardens
Homestead
Indian Creek
Islandia
Medley
Miami Gardens
Miami lakes
Miami Shores
Miami Springs
North Bay Village
North Miami
North Miami Beach
Opa-Iocka
Palmetto Bay
Pinecrest
South Miami
Sunny Isles
Surfside
Sweetwater
Virginia Gardens
West Miami
Miami-Dade Fire Rescue Department
9300 N.W. 41st Street
Doral, Florida 33178-2414
T 786-331-5000
miamidade,gov
PROGRAM PARTICIPATION AGREEMENT FOR PUBLIC
ACCESS DEFIBRlLLA TION PROGRAM
Doral
This Program Participation Agreement is made and entered this _day of
, 200rq by and between Miami-Dade County, Florida, a political
subdivision of the State of Florida, through Miami-Dade County Fire
Rescue (hereinafter referred to as the "County") and
hereinafter referred to as the "Participant") a
participant in the County's public access defibrillation program (hereinafter
referred to as the "Program"),
WITNESSETH
WHEREAS the American Heart Association has developed the
Chain of Survival model of optimal response to an out of hospital cardiac
arrest emergency which includes four components: early access, early
cardio-pulmonary resuscitation, early defibrillation and early advanced life-
support; and
WHEREAS the County and the Participant desire to strengthen the
chain of survival through the Program, which provides for the placement of
automated external defibrillators in the facilities owned, operated or
managed by private persons including the Participant; and
WHEREAS the County and the Participant wish to set forth their
respective rights and obligations in connection with the Program;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1, Placement of AEDs, Participant represents and warrants that it is the
owner, operator or manager of the following property:
(the "Premises"). Participant, through undersigned signatory represents that
it has full authority to enter into this agreement and to permit the placement
of the defibrillator units within the Premises. Participant agrees to the
placement of automated defibrillators, as such term is defined in
Section 768,1325(b) of the Florida Statutes ("AEDs") within the Premises.
The location of each AED within the Premises shall be decided by mutual
agreement between the Participant and the County with a view to providing
ready access during normal business hours consistent with the Participant's
duties to inspect and safeguard the AED set forth herein.
Exhibit "A"
Participant further agrees, throughout the course of this agreement, to maintain each
AED in user-ready condition at a location known to its employees and the County.
Participant shall ensure that each AED is prominently identified by the universal
AED signs and placed in an easily accessible storage cabinet with appropriate
accessones.
Participant agrees to notify the County of the most recent placement of the AED
within forty-eight (48) hours of the placement of any AED and at any time upon the
request of the County. Participant shall also advise the County at least seven (7)
days in advance of the need to move an AED so that during such time an alternate
location for its placement can be mutually agreed upon.
2. Maintenance of AED. The Participant agrees to inspect and test each AED on a
weekly basis according to the County's protocols and manufacturer's
recommendations for signs of damage and operability, and to ensure that all
supplies and accessories are present and current The Participant shall maintain a
log, in a form reasonably satisfactory to the County, of the inspections
performed for each AED, The Participant agrees to notify the County within
twenty four (24) hours of any loss of or damage to any AED or any sign of AED
inoperabi1ity or malfunction, Participant agrees to reimburse the County for the
County's reasonable cost of repair or replacement of any AED located within the
Premises, All replacement accessories will be provided by the County based upon
availability of funding. However, replacement due to damage will be the
responsibility of the participant
3, Training. As a condition of receipt of the AEDs pursuant to this agreement, and at
all times during its term, the Participant shall maintain a minimum of ten (10)
trained employees in the Premises for each AED received, For purposes of this
Agreement, trained shall mean having received a certification from the American
Heart Association or any other organization that the AHA has reciprocal
certification (i.e.: Red Cross) in CPR, and a completion certificate on the use and
operation of the equipment. Both certifications shall be offered by the County to
designated employees of the Participant at no cost to the Participant In the event
that the Participant at any time loses its trained personnel so that it anticipates
falling below the required minimum, it shall notify the County within 2 business
days so the appropriate sessions can be scheduled for substitute personnel.
4, County, State and Federal inspections and audits, The Participant agrees to make
available for inspection by authorities having jurisdiction the AEDs and the
locations where the same are located, Expressly included within the authorities
having jurisdiction, without limitation, shall be the County, the State and the federal
government, including the Department of Health and Human Services Inspector
General. Further, the Participant expressly acknowledges that the Program is funded
by the Department of Health and Human Services (the "Grantor") and agrees to
cooperate with, and furnish any and all documentation required in connection with
any audit, investigation or other inquiry of the Grantor or the County as the grantee,
related to the use of Program funds.
To the extent the Grantor directs or otherwise limits the Program or the use of Program
funds, the Participant agrees in good faith to abide by those directions or limitations.
5. Use of AEDs. Participant agrees to call "911" as soon as possible upon use of any
AED and to notify the County of every incident where an AED is used,
6. Liaison, Participant shall at all times maintain a Program Liaison to interact with
the County's designee and to coordinate the Participant's rights and responsibilities
hereunder. The Participant's initia11iaison shall be
The Liaison shall only be changed in writing in the manner provided below
7. Indemnification/Liability,
I
I
1
I
,
The Participant shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, loses or damages,
including attorney's fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of the agreement by the Participant or its
employees, agents, servants, partners, principals or subcontractors or the use of the
AED's located in the premises by any person, including but not limited to any
alleging willful or minimal misconduct, gross negligence, reckless disregard or
misconduct, or a conscious, flagrant indifference to the rights or safety of any
person harmed. The Participant shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, jud~ments, and attorney's fees which may be
1~curred thereon, :it-e.- G&vl.\S ~"d.-e(YV\'".A~"\-.O'\.~b 1~c,,+t.~O-n:::-,
;tJV.,., S Jb /)e.-o\ +0 =t-~ l~^",,~*rbAS '->0 ~v,~~ Ol.b(S,-,;>.:b'jPJ;}.,-" cL...
To the extent the law may impose reciprocal indemnification obligations, it is S~ 'i..-~
expressly agreed and understood that the County's obligations shall in any event be
limited to the statutory monetary limitations set forth in Section 768.28 of the
Florida Statutes and nothing in this agreement shall be understood as a waiver of
those limitations,
8. Term.
9, This Agreement shall commence upon the date of execution by both parties and
shall terminate at the end of the grant period, unless terminated sooner in
accordance with its provision. Miscellaneous.
A. This Agreement shall be governed by the laws of the State of Florida.
Venue for any action shall be in Miami-Dade, Florida,
B, This Agreement is not intended or shall it be deemed or construed to create
rights in any third parties or other persons other than the parties hereto.
C. Except as expressly provided for herein, no modification, amendment, or
alteration in terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality
as this Agreement and executed by the parties.
D. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained
herein; an the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written,
E. This Agreement shall not be transferred or assigned, in whole or in part, by
either party without the prior written consent of the other party.
F. The parties hereto acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a
full and complete understanding of all rights and obligations herein and that
the preparation of this Agreement has been a joint effort of the parties, the
language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
G. The parties shall comply with all federal, state, and local statutes, laws,
ordinances, rules, regulations and lawful orders of any governmental entity
or public authority which may be applicable to this Agreement and in
performing activities related to this Agreement.
H. The parties shall comply with requirements of the Health Insurance
Portability and Accountability Act of 1996.
I. The parties are independent contractors under this Agreement. Neither
County nor Participant, nor their respective agents shall act as officers,
employees, or agents of the other party, This Agreement shall not constitute
or make the parties a partnership or joint venture.
1.
Failure by either party to enforce any provision of this Agreement shall not
be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall
not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
Notice shall be deemed given, under this Agreement, when sent by the
United States Mail to the respective party at the following addresses or such
K.
addresses as may be provided from time to time in accordance with the
procedures set forth herein:
Participant:
County:
MDFR
PADD Program
9300 N.W. 41 st St
Miami, Florida 33178-2414
L. Either party may terminate this Agreement upon thirty (30) days written
notice to the other party.
M. Any amendments and/or modifications to or extensions of this Agreement
must be in writing and executed by the parties.
IN WITNESS OF WHICH THE PARTIES have executed this Agreement
below:
Miami-Dade County
Witness
Witness
Witness
Witness
AS TO FORM
CIENCY
'f, CITY ATIORNEY
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S, Edelcup, Mayor
Lewis J, Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
Rick Conner, Acting City Manager
Hans 'Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: Shaun Gelvez, Administrative Assistant to Public Works Director
FROM: Priscilla Walker, Assistant to the City Manager~~
DATE: March 27, 2009
RE: Approval of Miami Dade Count Public Access to Defibrillator Demonstration
(PADD) Program
At its regular meeting of March 19,2009, the City Commission adopted Resolution No. 2009-
1399, which approved the above-referenced lnterlocal Agreement. Attached are the two (2)
original agreements and two (2) copies of the resolution to assist you in the processing this item
with Miami-Dade County.
Upon execution by all parties, please forward a fully-executed original agreement to the Clerk's
Office.
Thank you.
Attachment
Mdc Public Access Defibrillator Demonstration Program Trans Memo
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S, Edelcup, Mayor
Lewis J, Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
Rick Conner, Acting City Manager
Hans Ottinot, City Allorney
Jane A, Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA: Rick Conner, Acting City Manager
FROM: Bill Evans, Acting Public Works Director
DATE: March 19,2009
RE: Approval to Participate in Miami-Dade County Fire Department's Public Access
to Defibrillator Demonstration Program (P ADD)
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution authorizing the City
Manager to participate in Miami-Dade County Fire Department's Public Access to Defibrillator
Program (P ADD) and place five (5) Automatic External Defibrillators (AEDs) throughout the
Sunny Isles Beach Government Center.
REASONS:
The American Heart Association estimates that the survival rate after cardiac arrest would
increase by 20 percent, and 40,000 more lives could be saved each year with more consistent
application of effective bystander CPR and early use of Automated External Defibrillators
(AEDs). PADD programs across the country are helping communities recognize the importance
of having AEDs readily available in public places. The best part of this Program is that it is free
to the City.
ADDITIONAL INFORMATION:
Participation in the P ADD program will increase the public's survivability from sudden cardiac
arrest by providing: funding, awareness, training, equipment and quality management including
program management in public access defibrillation,
Florida Statute 768.13 (Good Samaritan law) gives immunity to lay people who help others in
distress. There is support at the Federal level since the Cardiac Arrest Survival Act (CASA) of
2000 encourages placement of AEDs in federal buildings and ensures federal liability protection
for those who acquire or use an AED to help save a life,
City funding is not needed,
Agenda Item No.:
Funding available:
Apprm'al:
Finance Department
City Manager
Commission Meeting Date:
3- L9 - D 9