HomeMy WebLinkAboutDocumentation_Regular_Tab 03_1/9/2020Agenda Item #3.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jan 09 2020
Staff Contact: James Trube, Fire Chief Department: Fire
ITMEM
Approve Total Caring Health Education & Staffing, Inc. Agreement to Enable the Village of Tequesta
Fire Department to be an American Heart Association Training Site
This is an Agreement that allows Total Caring, Inc. to remain as the Certified Training Center under
which we become a training site to teach American Heart Association classes. This is a renewal
agreement which we originally entered into in July, 2016. There is no cost to becoming a Training
Site and this Agreement has no budgetary impact.
BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: EXPENDITURE AMOUNT: N/A
Additional Budgetary Information: Funding Source(s):
Please execute Agreement on behalf of the Village of Tequesta Fire -Rescue.
ATTACHMENT
Total Caring, ...
E
Page 63 of 686
Agenda Item #3.
TotalCaring
Health Education & Staffing, Inc.
Training Site Agreement
This is an agreement between TotalCaring Health Education & Staffing, Inc. with its
principal place of business at 2021 Crown Drive, St. Augustine, FL 32092 and The Village of
Tequesta Fire Department with its principal place of business at 357 Tequesta Drive, Tequesta,
FL 33469.
WHEREAS, the American Heart Association is a nonprofit organization dedicated to fighting heart
disease and stroke and sets guidelines for emergency cardiovascular care ("ECC") and ECC training;
WHEREAS, Certified Training Center (TotalCaring, Inc.) provides and manages ECC training
under the guidelines and curriculum of the AHA; and Training Site (Tequesta Fire Department)
would like to provide ECC training under same guidelines and curriculum of 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, instructors manuals, tests, keys,
evaluation forms, newsletters, course completion cards, and course participation
cards.
1.2 Courses: "Course" or "Courses" shall mean the approved ECC courses listed
below in which course cards will be distributed.
A. Basic Life Support
Provider Course(s)
Instructor Course(s)
B. Advanced Cardiac Life Support
Provider Course(s)
Instructor Course(s)
C. Pediatric Advanced Cardiac Life Support
Provider Course(s)
Instructor Course(s)
1.3 Course Cards: "Course Cards" shall mean those cards bearing the AHA
Servicemarks and ECC logo which TS 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.
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Agenda Item #3.
1.5 Training Site: "Training Site" 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
TS to teach courses.
1.7 Program Guidelines: "Program Guidelines" shall mean the then current
Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care, and
most recent version of the CTC Program Administration Manual, as they may be
amended and/or supplemented by the ARA from time to time. The Program
Guidelines are incorporated herein by reference as if fully set forth at length.
2. . RESPONSIBILITIES OF TRAINING SITE:
2.1 Courses: TS shall conduct courses only within geographic territory. TS shall
ensure that all courses taught by TS and/or Instructors conform to requirements of
AHA.
2.2 The TS will support the 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 Rosters & Course Completion Cards:
2.3.1 TS shall safeguard Course Cards from unauthorized distribution. It shall
limit the distribution of course cards only to persons who are students of
the TS and/or Instructors who have met the requirements for receipt of
course cards in accordance with Program Guidelines. Only the approved
TS Coordinator may receive course cards from the CTC and will be solely
responsible for 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. TS shall insure fhat only the
appropriate type of course card, as set out in the Program Guidelines, is
issued to each student. The fee for basic life support (BLS) Provider cards
for TS, payable to CTC is $5.50 per card, and the fee for advanced life
support (ACLS), pediatric advanced life support (PALS) Provider cards
and ALL instructor cards (BLS, ACLS, PALS) for TS, payable to CTC is
$7.25 per card (fees do not generate income to the American Heart
Association).
2.3.2 TS shall maintain rosters and records for all courses conducted by TS for at
least 3 years after the date the course was conducted.
2.3.3 TS shall submit statistical data and/or reports to the CTC as required
under the Program. Guidelines.
3. Reviews:
The CTC may monitor and/or review the TS 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. This shall be in addition to the
monitoring of Instructors as part of their review.
4. Costs and Fees:
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Agenda Item #3.
All costs of providing courses- and fees charged to students shall be the
responsibility of the TS. The AHA or CTC shall not have any responsibility for
any costs incurred, or fees charged by TS. The AHA is paid no fees by the CTC or
TS or instructors, and the AHA has no financial interest in the business of the CTC
or TS.
S. Relationship of 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
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.
6. Term and, Termination:
The term of this agreement shall be for a one year period, beginning on
December 1, 2019 and ending on December 31, 2020. 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.
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 business
days after receipt of written notice describing the breach. TS acknowledges and
agrees that breach includes, but is not limited to, failure by TS to comply with
program and/or curriculum guidelines , and that neither the CTC nor its affiliates
or officers, employees volunteers or agents shall have any liability for any resulting
termination under this agreement.
This agreement may also be terminated by either party, without cause, upon thirty
(30) days' prior written notice.
AGREED:
TotalCaring Health Education & Staffing, Inc.
BY:
Title:
Date: /a" l -� 9
Last revised: 12/ 19
Tequesta Fire Department Rep.
BY:
Title:
Date:
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Agenda Item #3.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
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Agenda Item #3.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/`WCAG/."
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