HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-186Temp. Reso. TR10209
August 27, 2003
Revision #2 — 8/4/03
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003---I `.`�.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
RENEWAL AMENDMENT BETWEEN THE CITY OF
TAMARAC AND THE AMERICAN HEART ASSOCIATION
ALLOWING TAMARAC TO BE A COMMUNITY TRAINING
CENTER FOR THE AMERICAN HEART ASSOCIATION;
RENEWING THE PRIOR AGREEMENT FOR A PERIOD OF
TWO (2) YEARS, BEGINNING ON SEPTEMBER 1, 2003
THROUGH AUGUST 31, 2005; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to reduce
the consequences caused by heart disease; and
WHEREAS, education in heart disease prevention and the techniques in
heart attack care can reduce the effects of heart attacks; and
WHEREAS, the American Heart Association (AHA) is recognized as the
national leader in providing heart disease education and standards of care; and
WHEREAS, Tamarac Fire Rescue has provided AHA Cardio-Pulmonary
Resuscitation courses for the past seventeen years to the citizens and
employees of Tamarac; and
WHEREAS, Tamarac Fire Rescue has met all of the requirements for
becoming a AHA Community Training Center; and
WHEREAS, Resolution No. R-98-369, which approved the initial
Agreement between the American Heart Association and the City of Tamarac
Temp. Reso. TR10209
August 27, 2003
Revision #2 — 8/4/03
Fire Rescue Department (attached hereto as Attachment "A"), was approved on
December 23, 1998 and expired on August 31, 1999 (said Agreement attached
hereto as Attachment "B"); and
WHEREAS, Resolution No. R-99-340 (attached hereto as Attachment
"C"), which authorized a Renewal Agreement for a period of two (2) years,
expired on August 31, 2001; and
WHEREAS, Resolution No. R-2001-207 (attached hereto as Attachment
"D"), which authorized a Renewal Agreement for a period of two (2) years,
expires on August 31, 2003; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
continue participating as a AHA Community Training Center; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
execute the renewal amendment between the American Heart Association
Community Training Center and the City of Tamarac Fire Rescue Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Manager or his designee is hereby authorized to
execute the Renewal Amendment between the American Heart Association and
the City of Tamarac allowing Tamarac Fire Rescue to continue to be a
Temp. Reso. TR10209
August 27, 2003
Revision #2 — 8/4/03
Community Training Center through August 31, 2005 (attached hereto as
Attachment "E").
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27th day of August, 2003.
•r
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-T
DIST 3: COMM. SULTANOF _
DIST 4: VIM ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form
MITCHELL S.-I,
CITY ATTOR
TR 10209
Attachment A Temp. Reso. # 8379
September 1, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION N0. R-98 _ ( `j
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
THE AMERICAN HEART ASSOCIATION ALLOWING
TAMARAC TO BECOME A COMMUNITY TRAINING
CENTER FOR THE AMERICAN HEART ASSOCIATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to reduce
the consequences caused by heart disease; and
WHEREAS, education in heart disease prevention and the techniques in
heart attack care can reduce the effects of heart attacks; and
WHEREAS. the American Heart Association (AHA) is recognized as the
national leader in providing heart disease education and standards of care-
re; and
WHEREAS; Tamarac Fire Rescue has provided AHA Cardio-Pulmonary
Resuscitation courses for the past fifteen years to the citizens and employees of
Tamarac; and
WHEREAS, Tamarac Fire Rescue has met all of the requirements for
becoming a AHA Community Training Center; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
participate as a AHA Community Training Center; and
Temp. Reso. # 8379
September 1, 1998
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
participate as an American Heart Association Community Training Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City of Tamarac will participate as an American heart
Association Training Center.
SECTION 3: The City Manager or his designee is hereby authorized to
execute the Agreement between the American Heart Association and the City of
Tamarac allowing Tamarac Fire Rescue to become a Community Training
Center (attached hereto as Exhibit A).
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application; it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. # 8379
September 1, 1998
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption. J
y'1 M
PASSED, ADOPTED AND APPROVED this day of . ' L4+1998.
ATTEST:
CAROL GOLD CMC/AAE,
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as to form.
MITC'HELL S: KRAI fT,
CITY ATTORNEY
RECORD OF COMMISSION OTE
MAYOR . SCHREIBER
DIST 1:
CO'M- 1. McKAYE ./�!�(•�
DIST 2:
V/1%4 NJIIOr' HKIN
DIST 3:
COfv;ti1. SULTANOF
DIST 4:
COMM. ROBERTS
TR 10209
Attachment B
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, The
City of Tamarac Fire Department, with its principal place of business at 7501 NW 88`, Ave.,
Tamarac, Florida, 33321(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 [list only the approved courses].
A. Basic Life Support
Provider Course(s)
Heartsaver (Adult)
Healthcare Provider
HEARTSAVER PLUS
Instructor Course(s)
B. Pediatric Basic Life Support
Provider 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.
CTC/AHA Agreement
Page 2
1.7. Program Guidelines: "Program Guidelines" shall mean the then current Guidelines
for Cardiopulmonary Resuscitation and Emergency Cardiac Care, and the CTC
Administrative Manual dated May 23, 1997, as they may be amended and/or
supplemented by the AHA from time to time. The Program Guidelines are
incorporated herein by reference as if fully set forth at length. CTC acknowledges
receipt of a set of Program Guidelines.
2. Responsibilities of Community Training Center:
2.1. Courses: CTC shall conduct courses and shall authorize Instructors and/or Training
Sites to conduct courses only within the Geographic Territory. CTC shall ensure
that all Courses taught by CTC, Training Sites, and/or Instructors conform to the
requirements of the Program Guidelines and the curriculum set out in the applicable
AHA Instructor's Manuals. CTC acknowledges and agrees that this Agreement is
non-exclusive and that the AHA may enter into Community Training Center
Agreements with other parties within the Geographic Territory.
2.2. The CTC will support Chain of Survival initiatives in cooperation with the AHA in
their region and/or community, within available resources as outlined in Program
Guidelines.
2.3. The CTC will support local public advocacy Chain of Survival activities, e.g., public
access defibrillation.
2.4. Rosters and Course Completion Cards:
2.4.1. CTC shall safeguard Course Cards from unauthorized distribution. It shall
limit the distribution of Course Cards only to persons who are students of
CTC, Training Site and/or Instructors and who have met the requirements
for receipt of Course Cards in accordance with Program Guidelines. Only
the approved CTC Coordinator may receive Course Cards from distributors
and the CTC will be solely responsible for the control and security of card
issuance. This responsibility may not be assigned or transferred to any other
organization or individual, including Training Sites or Instructors. CTC shall
insure that only the appropriate type of Course Card, as set out in the
Program Guidelines, is issued to each student.
2.4.2. CTC shall maintain rosters and records for all Courses conducted by CTC
and/or Training Site for at least 3 years after the date the Course was
conducted.
2.4.3. CTC shall submit statistical data and/or reports to the AHA as required
under the Program Guidelines.
2.5. AHA Materials:
2.5,1. CTC may purchase AHA Materials from third party distributors subject to the
distributor's policies regarding payment terms, prices, shipping, and
handling.
CTC/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 fors 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 employees of
the AHA. Without limiting the foregoing, CTC acknowledges and agrees that the AHA shall
CTC/AHA Agreement
Page 4
have no responsibility for any activities of CTC or Training Sites, including, but not limited
to, their conduct of courses, their employment, supervision and training of Instructors and
other employees or agents, their scheduling of Courses, their obligation to provide Courses
to third parties, their obligations to pay for AHA Materials or other supplies or services
provided by third parties or any other obligations incurred in the course of business.
7. Conflict of Interest: CTC acknowledges that the AHA's conflict of interest policy prohibits
AHA volunteers from acting and being involved in any decision -making process on behalf
of the AHA when the volunteer has any interest (whether financial, personal, or
professional) in the activity. This policy may result in the disqualification of CTC employees
from acting as AHA volunteers in the ECC program. CTC will not knowingly permit its
employees or agents to take any actions that violate the AHA's conflict of interest policy.
8. Proprietary Rights:
8.1. CTC acknowledges and agrees that copyright in AHA Materials is owned by the
AHA. AHA Materials may not be copied, in whole or in part, and/or adapted without
the prior express written consent of the AHA.
8.2. The name "American Heart Association," the heart -and -torch logo, and the slogan
"Fighting Heart Disease and Stroke" and the ECC logo (hereinafter collectively
"AHA Servicemarks") are servicemarks of the American Heart Association, Inc.
CTC acknowledges and agrees that it may not use them or display them in any
fashion whatsoever, except as may be expressly set out in the Program Guidelines,
and subject to the AHA's prior review and written approval.
8.3. Course rosters and monitoring forms are the property of the AHA and shall be
delivered to the AHA upon request or upon termination or expiration of this
Agreement, whichever comes first.
8A. CTC's use of the AHA Servicemarks , and AHA Materials shall accrue exclusively to
the AHA's benefit, and all ownership, copyrights, servicemarks, trademarks, and other
rights, titles, and interests in them shall -be in the AHA's name and shall belong to the
AHA. CTC shall not contest the validity of the AHA's copyrights, servicemarks, or
trademarks or other AHA proprietary right, title or interest, including, without limitation,
after the expiration or termination of this Agreement.
9. Indemnification:
9.1. CTC represents that it is a govemmental entity that, by law, is not permitted to
indemnify the AHA, However, CTC agrees that it shall be responsible for any claims,
damages, liabilities, suits, and expenses it may incur which arise out of or in
connections with (a) Courses offered or provided by CTC, Training Sites, Instructors,
their employees or agents, (b) acts or omissions of CTC, Training Sites and/or
Instructors, and (c) any breach by CTC and/or Training Sites 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.
CTC/AHA Agreement
Page 5
9.3. For the duration of this Agreement CTC shall obtain and maintain at its expense gener
liability insurance from a carder rated A, VII or better, with limits equal to or greater tha
$300,000 if the only Courses conducted under this Agreement are Basic Life Support
Courses listed under Section 1.2. of this Agreement and $1,000,000 if any Course oth(
than Basic Life Support Courses is listed in Section 1.2 of this Agreement. This policy
shall specify that it may not be modified or canceled by the insurer, except after thirty
(30) days prior written notice by the insurer to the AHA. CTC must provide the AHA wi
a certificate of insurance evidencing this coverage upon execution of the Agreement al
upon any renewals hereof.
10. Term and Termination
10.1. The tergi of this Agreement shall be for a one-year period, beginning on
`1- q -) and ending on -? - It may only be extended by
mutual written agreement of the parties. Each party is free to decline to renew or
extend the tens 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 CTC
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 supersed
all prior written or oral agreements or communications between the parties. In the eve
any conflict between the terms of this Agreement and the terms of the Program Guidel
the terms of this Agreement shall prevail.
11.3. CTC warrants and represents that upon execution hereof, this Agreement shall be the
legal, valid and binding obligation of CTC, enforceable against CTC in accordance witt
terms. The individual signing this Agreement warrants and represents that he/she is d
authorized to sign this Agreement on behalf of CTC.
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 writina by the party making the waiver.
CTC/AHA Agreement
Page 6
11.5. Modification: No supplement, modification, or amendment of any term, provision, or
condition of this Agreement shall be binding or enforceable on either party hereto
unless in writing signed by both parties.
11.6. Parties Named: Nothing in this Agreement, whether express or implied, is intended to
confer upon any person, other than the parties identified herein and the AHA (and their
respective heirs, representatives, successors, and permitted assigns), any rights or
remedies under, or by reason of, this Agreement. Nothing in this Agreement is
intended to relieve or discharge any liability of any party hereto or any third party. No
provision in this Agreement shall give any entity any right of subrogation against any
party hereto.
11.7. Notices: All notices shall be sent postage prepaid to the intended party at the address
set forth above (unless notification of a change of address is given in writing) and two
(2) business days following the date of mailing shall be deemed the date notice is
given.
11.8. Severability: Should any part, term, or provision of this Agreement be declared to be
invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof
shall remain in full force and effect, and shall in no way be invalidated, impaired, or
affected thereby.
11.9. Subject Headings: The subject headings of the sections, paragraphs, and
subparagraphs of this Agreement are included herein solely for the purposes of
convenience and reference, and shall not be deemed to explain, modify, limit,
amp;ify, or aid in the meaning, construction, or interpretation of any of the
,provisions of this Agreement.
11.10. Survival: The following paragraphs, including their subparagraphs, shall survive
termination of this agreement: 4.2, 8, 9, 11.2, 11.6, 11.7, 11.8, and 11.10.
/ART: roal
American Heart Association, Inc.
B y :dr
---�-�-,_-
Date: At
��eVijjd: 1 1123/98
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ey:
i
IEGAI. OEEr
City of Tamarac Fire Department
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Tit e: ti ti� l-C
Date: G
1tC 1u4u7
Attachment c Temp. Reso. # 8852
December 7, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 3 qO
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
RENEWAL AMENDMENT BETWEEN THE CITY OF
TAMARAC AND THE AMERICAN HEART ASSOCIATION
RENEWING THE PRIOR AGREEMENT FOR A PERIOD OF
TWO (2) YEARS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to reduce
the consequences caused by heart disease; and
WHEREAS, education in heart disease prevention and the techniques in
heart attack care can reduce the effects of heart attacks; and
WHEREAS, the American Heart Association (AHA) is recognized as the
national leader in providing heart disease education and standards of care; and
WHEREAS, Tamarac Fire Rescue has provided AHA Cardio-Pulmonary
Resuscitation courses for the past seventeen years to the citizens and
employees of Tamarac; and
WHEREAS, Tamarac Fire Rescue has met all of the requirements for
becoming a AHA Community Training Center; and
WHEREAS, Resolution No. R-98-369, which approved the initial
Agreement between the American Heart Association and the City of Tamarac
Temp. Reso. # 8852
December 7, 1999
Fire Rescue Department (attached hereto as Exhibit "A"), was approved on
December 23, 1998 and expired on August 31, 1999; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
continue participating as a AHA Community Training Center; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
renew the Agreement entered into between the American Heart Association
Community Training Center and the City of Tamarac Fire Rescue Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City of Tamarac will continue to participate as an
American heart Association Training Center until August 31, 2001,
SECTION 3: The City Manager or his designee is hereby authorized to
execute the Renewal Amendment between the American Heart Association and
the City of Tamarac allowing Tamarac Fire Rescue to continue to be a
Community Training Center (attached hereto as Exhibit "B")
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
Temp. Reso. # 8852
December 7, 1999
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this as day of rec,1999.
ATTEST:
CAROL GOLD C /AAE,
CITY CLERK
I HEREBY CERTIFY that I have
An -Droved this RESOLUTION as to fo
CITY ATTORNEY
E SCHREIBER, MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM_ PrnR1=are
E
EXHIBIT B
RENEWAL AMENDMENT
The American Heart Association, Inc., having its principal offices at 7272
Greenville Avenue, Dallas, Texas, 75231, (hereinafter "AHA") and CITY OF
TAMARAC FIRE DEPARTMENT, whose business address is 7501 NW 881"
Ave., Tamarac, Florida, 33321 (hereinafter "CTC") desire to extend the term of
their prior agreement for an additional two years under the same terms and
conditions.
NOWTHEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between AHA and the CTC that:
1. The prior agreement executed between the parties with an effective date of
September 1, 1998 and an expiration date of August 31, 1999 where the OTC
provided, and managed the provision by others of, ECC training under the
guidelines and curriculum of the AHA is hereby incorporated herein by
reference.
2. The term of the Old Agreement as set out in Paragraph 10.1 is hereby
extended to continue until August 31, 2001.
All other terms and conditions of the Old Agreement shall remain in full force and
effect.
AGREED:
AMERICAN HEART ASSOCIATION, INC. City of Tamarac Fire Dept.
Dati
6/4/99
RENEWAL AMENDMENT
The American Heart Association, Inc., having its principal offices at 7272
Greenville Avenue, Dallas, Texas, 75231, (hereinafter "AHA") and CITY OF
TAMARAC FIRE DEPARTMENT, whose business address is 7501 NW 881h
Ave., Tamarac, Florida, 33321 (hereinafter "CTC") desire to extend the term
and their prior agreement for an additional two years under the same terms and
conditions.
NOWTHEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between AHA and the CTC that:
1. The prior agreement executed between the parties with an effective date
of September 1 1998 and an expiration date of August 31,-1999 where
the CTC provided, and managed the provision by others of, ECC training
under the guidelines and curriculum of the AHA is hereby incorporated
herein by reference.
2. The term of the Old Agreement as set out in Paragraph 10.1 is hereby
extended to continue until August 31, 2001.
All other terms and conditions of the Old Agreement shall remain in full force and
effect.
AGREED:
AMERICAN HEART ASSOCIATION, INC
By:
Dated:
APFIR VED AS TO FOR
LE A SU ICIENCY:
MI H LL S. kRAT,
CITY OF TAMARAC, FLORIDA
By:�01E SCHREIBER, MAYOR
Dated:
JEF . MILLER
CITY MANAGER
Dated: / f
D ATTES .
CAROL GOLD, C C/AAE
CITY CLERK
TY ATTORNEY (SEAL)
TR 10209
Attachment D Temp. Reso. # 9469
July 23, 2001
Revision #1 — 8/8/01
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-207
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
RENEWAL AMENDMENT BETWEEN THE CITY OF
TAMARAC AND THE AMERICAN HEART ASSOCIATION
ALLOWING TAMARAC TO BE A COMMUNITY TRAINING
CENTER FOR THE AMERICAN HEART ASSOCIATION;
RENEWING THE PRIOR AGREEMENT FOR A PERIOD OF
TWO (2) YEARS, BEGINNING ON SEPTEMBER 1, 2001
THROUGH AUGUST 31, 2003, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to reduce
the consequences caused by heart disease; and
WHEREAS, education in heart disease prevention and the techniques in
heart attack care can reduce the effects of heart attacks; and
WHEREAS, the American Heart Association (AHA) is recognized as the
national leader in providing heart disease education and standards of care; and
WHEREAS, Tamarac Fire Rescue has provided AHA Cardio-Pulmonary
Resuscitation courses for the past seventeen years to the citizens and
employees of Tamarac; and
WHEREAS, Tamarac Fire Rescue has met all of the requirements for
becoming a AHA Community Training Center; and
WHEREAS, Resolution No. R-98-369, which approved the initial
Agreement between the American Heart Association and the City of Tamarac
Temp. Reso. # 9469
July 23, 2001
Revision #1 — 8/8/01
Fire Rescue Department (attached hereto as Attachment "A"), was approved on
December 23, 1998 and expired on August 31, 1999 (said Agreement attached
hereto as Attachment "B"); and
WHEREAS, Resolution No. R-99-340 (attached hereto as Attachment
"D"), which authorized a Renewal Agreement for a period of two (2) years,
expires on August 31, 2001; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
continue participating as a AHA Community Training Center; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
execute the renewal amendment between the American Heart Association
Community Training Center and the City of Tamarac Fire Rescue Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Manager or his designee is hereby authorized to
execute the Renewal Amendment between the American Heart Association and
the City of Tamarac allowing Tamarac Fire Rescue to continue to be a
Community Training Center through August 31, 2003 (attached hereto as
Attachment "C).
1-1
1
Temp. Reso. # 9469
July 23, 2001
Revision #1 w 8/8/01
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 22nd day of August, 2001.
ATTEST:
MAR*N-S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
70 UTI as to form.
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ITCHLL �. KVAFT
CITY ATT EY
%ri,E-SCHR EIBE , MAYO
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RECORD OF COMMISSION VOTE:
MAYOR SCHREISER _^AXL-
DIST 1: COMM. PORTNER A e/
DIST 2: COMM. MISHKIN_6y!?
DIST 3: VIM SULTANOF A !?�
DIST 4: COMM. ROBERTS-Aye
RENEWAL AMENDMENT
The American Heart Association, Inc., having its principal offices at 7272
Greenville Avenue, Dallas, Texas, 75231, (hereinafter "AHA") and City of
Tamarac Fire Department, whose business address is 7501 NW 88t" Avenue,
Tamarac, Florida 33321, (hereinafter "CTC") desire to extend the term of their
prior agreement for an additional two years under the same terms and
conditions.
NOWTHEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between AHA and the CTC that:
1. The prior agreement executed between the parties with an effective date of
September 1, 2001 and an expiration date of August 31, 2003 where the
CTC provided, and managed the provision by others of, ECC training under
the guidelines and curriculum of the AHA is hereby incorporated herein by
reference.
2. The term of the Old Agreement as set out in Paragraph 10.1 is hereby
extended to continue until August 31 2005.
All other terms and conditions of the Old Agreement shall remain in full force and
effect.
AGREED:
American Heart Association, Inc.
By.
Title: ECC Regional Manager -South FL
Date: July 16 2003
City of Tamarac Fire Department
See attached signature
page for City execution
6/4/99
• (r y Df Tr;rr�arcac ° PLrrchasinq and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, and American Heart Association, signing by and
through its ECC Regional Manager, duly authorized to execute same.
ATTEST:
Marion Swenson; CIVIC
City Clerk
Date
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
2,/c_
Date
Approv6d as to form and legal. sufficiency:
Mitchell S. Kraft, City Attorney
Date
FLORIDA MUNICIPAL INSURANCE TRUST
GENERAL /PROFESSIONAL LIABILITY COVERAGE AGREEMENT
DECLARATIONS
' DESIGNATED MEMBER Agreement No.: FMIT #0584
City of 'Tamarac
,. Government Description
Municipality
III. COVERAGE PERIOD
From October 1, 2002 to October 1, 2003
the Designated Member.
IV. General/Professional Liability
Payroll:
1. General Liability
a. Broad Form Property Damage
b. Extra Contractual Legal Expense
C. Fire Legal Liability
d. Medical Attendants'/Medical
Directors' Malpractice Liability
2. Errors and Omissions Liability
a. Supplemental Employment
Practices Liability
b. Employee Benefits Program
Administration Liability
12:01 A.M, Standard Time at the address of
Premium
Basis f7Pri„rtihla/irvna I imit n,ot Larva,:. �...
$25,000DSL
$2,000,000
$164,449
14,246,767
$25,000 DSL
$2,000,000
Included
N/A
$25,000
Included
$25,000DSL
$250,000
Included
$25,000DSL
$2,000,000
Included
$25,000DSL
$2,000,000
Included
$25,000 DSL
$2,000,000
Included
$25,000DSL
$2,000,000
Included
I
i
V. This Agreement includes these endorsements and schedules: See Schedule A
VI. ESTIMATED ANNUAL PREMIUM
Normal
Premium
Florida Municipal Insurance Trust (FMIT) $164,449
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE
FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT.
FMIT GL DEC 1002 Original Page 1 of 2
a2/04/2002
FMIT GENERAUPROFESSIONAL LIABILITY COVERAGES
October 1, 2002 - October 1, 2003 Scheduled Coverage Forms List
FMIT #0584
Schedule A
Form # Description
COMMON
FMIT IND (10-02) Indemnity Agreement
FMIT GC (10-02) Coverage Agreement
FMIT DSL (10-02) Deductible Stoploss Endorsement Provisions
GENERAL LIABILITY
FMIT BFPD (10-02) Broad Form Property Damage
FMIT ECLE (10-02) Extra Contractual Legal Expense
FMIT FLL (10-02) Fire Legal Liability
FMIT MA (10-02) Medical Attendant's/Medical Directors' Malpractice Liability
FMIT EO (10-02) Errors and Omissions Liability Endorsement
FMIT SE GL (10-02) Specific Excess Endorsement - General Liability
FMIT GL DEC 1002 Page 2 of 2
No Text