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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-207Temp. 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 LJ 1 it Temp. Reso. # 9469 July 23, 2001 Revision #1 -- 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: MARION-S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form.. ITCHELL c. K CITY ATT R? EY /'J - E SCHREIBER, MAYO RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ael DIST 1: COMM. PORTNER A M DIST 2: COMM. MISHKIN A-y& DIST 3: V/M SULTANOF A er DIST 4: COMM. ROBERTS A A I UACHMENT A Temp. Reso. # 8379 September 1, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 3(9 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; 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. 1 1 11 Temp. Reso. # 8379 September 1, 1998 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this d-3&W1 day of998. ATTEST::: CAROL GOLD dW4CIAAE, CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION as to form. ,♦1 CITY ATT NEYa� i' r► RECORD OF COMMISSION OTE MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS ATTAC HM ENT B L� • 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 S$t' 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: 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 Servieemarks 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: 2A.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. I 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. 8.4. 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 governmental 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 genera liability insurance from a carrier rated A, VI or better, with limits equal to or greater than $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 other 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 witt a certificate of insurance evidencing this coverage upon execution of the Agreement an( upon any renewals hereof. 10. Term and Termination 10.1. The teru, of this Agreement shall be for a one-year period, beginning on and ending on j . 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 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 (80) 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 supersede: all prior written or oral agreements or communications between the parties. In the event any conflict between the terms of this Agreement and the terms of the Program Guideline 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 with it terms. The individual signing this Agreement warrants and represents that he/she is dull 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 writing 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, amplify, 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. AGREED: American Heart Association, Inc. By: Title:-17Z�..._ Date: ,.�,.,.. ��/yti /gr T. : 11 /23/98 Date, t .,11 By: f \LEGAL DEar .! City of Tamarac Fire Department W � f L • National Center 7272 Greenville Avenue Dallas, Texas 75231-4596 Tel 214 373 6300 WWW. &Menc&nhealrr.org Date November 24, 1998 TO: Bonnie Regal FROM: Beth Cooper American Heart 00 Association.to NOV 3 0 1998 F'tgJt Jae nJ>SMAO aired Shnhe RE: City of Tamarac Fire Department CTC Agreement Enclosed are two duplicate original copies of the City of Tamarac Fire Department CTC Agreement. The Agreement should be executed in duplicate by the two parties. After both copies are signed by the City of Tamarac Fire Department, have them keep one signed copy and send the second signed original copy to you. Make yourself a copy and then send the second original to me. I will make a copy for my records and then deliver the second original to the Legal Department to be -kept on file. The City of Tamarac also requested that the contract be signed by the AHA's president and attested by its corporate secretary. Our attorney stated that I have been given the authority to execute these contracts on the behalf of the AHA. If there should be further discussion on this point, refer them to me. Thank you for you patience in this process. If you have questions, please call me. Chalrtna0 or the Boar Edwmd F. Hines Jr.. Es President Valentin Foster, 161.0..1 Chairman -Elect L Walter Sinclair. Esq- President•Ekvi Lynn A. Smaha, M.D_ I Immediate Past Chairman of the Boas Marilyn Huns Immediate Pace Prcdd Martha N. Hill, R.N., Pt Sacnwry-Tresaurer Richard P. Southworth Directors R, Wayne Alexander, M C. William Balke, M.D. Colette Barrett, R.N.. M. Claire M. Bassett John W-(lack) Bates Craig T. Beam, CRE Frank Borovsky William J. Bryant, Psq- Robert S. Catbonars. Ph. Louis L. Creglor, M.D. Charles A. Dennis, M.D. Michael Sues. Ph.D. David P. Faxon, M.D. Jacqueline W. Fincher, h Joy S. Frank. Ph.D. Stephen R. Goldberg Scott M. Grundy. M.D., I Lillian A. Lamoe Donald W. LAVan, M.D. Richard 1. Levin, M.D. later L. Matson, B.S.N., Nancy Houston Miller, R Carole E Newman Albert F, Olivier, M.D. Donald R. Otis J.E. Chivex Paisley Larne Peterson. R.N. James L, Richie, M.D. Rosa Marie Robertson, M Baatrix L. Rodriguez. M-1 Lawrence B. Sadwin Charles Schenck Henry M. Sondheimer, M Janet O. South William E Strauss, M.D. Jessie G. Wright, M.S., R. Chler Executive Officer M. Cass Wheeler Executive Vice President Corporate Operations er Walter D. Bristol Jr., CPA Executive Vice Presidem Consumer Health Marlu Jo A. Diehl Executive Vice President Corporate Secretary and David Wm. Livingston. Fa Executive Vice President Field Operations and De Gordon L. McCullough Executive Vice President Communications and Ad Brigid McHugh Sanner Executive Vice President Science and Medicine Rodman D Starke. M.D. SOYOWT OffUlti ing rrsearrh ar11.1holdirig answers. Please ramamhar tha drnawran ua.w d....wrs.i,... i......,, —ai ATTACHMENT C 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 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, 1999 and an expiration date of August 31, 2001 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 2003. All other terms and conditions of the Old Agreement shall remain in full force and effect. AGREED: American Heart Association, Inc. By: Title: Territory Director Date: july 11, 2001 as to F II S. Kraft, City City of Tamarac, Florida Ole Schreiber, Mayor Date: & of Jeff y KAler, City Manager Date: and L al Sufficiency: Attest: - r y Marion Swenso - CIVIC City Clerk (Seal) siai99 ATTACHMENT D Temp. Reso. # 8852 December 7, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 3 qc 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 1 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 i portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its 1 1 passage and adoption. 4cp PASSED, ADOPTED AND APPROVED this aA — day of ,1999. PE SCHR-EMR, MAYOR ATTEST: CAROL GOLD C�/AAE,' CITY CLERK I HEREBY CERTIFY that I have OtMovesl this RESOLUTION as to fo CITY ATTORNEY 0 RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: - V/M MISHKIN DIST 3: „ COMM, SULTANOF DIST 4: -~~-'_ r COMM. RnaaprQ • 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 $8ch 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: 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: AMCRICAN HEART ASSOCIATION, INC. IN Date /APFIR VED AS TO FOR LEGA SU ICIENCY: i r MITtHtLL S. kRA T, J1 ATTORNEY CITY OF TAMARAC, FLORIDA By: .J E SCHREIBER, MAYOR Dated:AA&'f /"-C mow. IyQJ`' gy: ��. JEF . MILLER CITY MANAGER Dated: ATTES . CAROL GOLD, C C/AAE CITY CLERK (SEAL)