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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