HomeMy WebLinkAboutAgreement_General_12/8/2022_Total Caring Health Education & StaffingTotalCaring
Health Education & Staffing, Inc.
Training Site Agreement
This is an agreement between TotalCaring Health Education & Staff"uig, Inc. with its
principal place of business at 96120 Heath Point Lane, Fernandina Beach, FL 32034 and The
Village of Tequesta Fire Rescue 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 (Village of Tequesta Fire
Rescue) 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:
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 (BLS)
Provider Course(s)
Instructor Course(s)
B. Advanced Cardiac L fe Support (ACLS)
Provider Course(s)
Instructor Course(s)
C. Pediatric Advanced Life Support (PALS)
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.
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 AHA 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 that 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 $6.50 per card, Heartsaver, First Aid Provider
card fee is $19.75 per card, and the fee for advanced cardiac life support
(ACLS), pediatric advanced life support (PALS) Provider Cards and ALL
instructor cards (BLS, ACLS, PALS) for TS, payable to CTC is $ 8.00 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:
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.
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 ONE YEAR (usually a one year period —
however covers the entire period between the end of the previous agreement),
beginning on January 1, 2023 and ending on January 1, 2024 (renewable
annually). 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.
Agreements are renewable annually.
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 E cation & Staffing, Inc. Tequesta Representative/ Fire Chief
BY: �� BY:
Title: i TitleA � c
Date: O� oZ Date. 1 \ 111, 12 a
Lastrevised: 1/22, 10/22
Dr. Deborah Fisher Terry, DNP, APRN, ANP-BC, AGACNP-BC
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
Imcwilliams@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.
"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 ("WK"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
E-Verify Affidavit
Bid/Proposal Number.
Project Description: n C / I rCL- /L_( 15
In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of:
1. All persons employed by the Contractor to perform employment duties within Florida during
the term of the contract-, and
2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work
pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the Village of Tequesta.
Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and
provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a
printed copy of the completed E-Verify Company Profile page, obtained from hops.//www.e-
veri ov.
Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that
the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that tern is defined in Section 448.095(lxk), F.S. Contractor further agrees to maintain a
copy of any such affidavit from a subcontractor/subconsuitant for, at a minimum, the duration of the
subcontract and any extension thereof.
By affixing your signature below, you hereby affirm that you will comply with all E-Verify
requirements. r,;;k Carl � y
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