HomeMy WebLinkAboutResolution 2014-070 Purchase of MPD Patrol Car AEDsMARANA RESOLUTION NO. 2014-070
RELATING TO THE POLICE DEPARTMENT APPROVING AND AUTHORIZING THE
SAFETY AND EMERGENCY MANAGEMENT COORDINATOR TO EXECUTE AN AED
DONATION & ACCEPTANCE AGREEMENT WITH THE GOOTTER FOUNDATION FOR
THE PURCIJASE OF PATROL CAR AUTOMATED EXTERNAL DEFIBRILLATORS ( AED ) .
WHEREAS the Town of Marana is committed to the health and safet of all emplo visi-
tors, and citizens; and
WHEREAS an Automated External Defibrillator ( AED ) pro allows for la rescuers ( i.e.,
non-health care professionals to operate an AED to treat the victim of a sudden cardiac arrest; and
WHEREAS the Marana Police Department applied for and received g rant fundin from the
Gootter Foundation for the purchase of AED units to be placed in patrol vehicles- 9 and
WHEREAS the Ma and Council of the Town of Marana feel it is in the best interests of
the public to enter into an a with the Gootter Foundation re the g rant award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA AS FOLLOWS:
SECTION 1. The a between the Town of Marana and the Gootter Foundation, at-
tached to and incorporated b this reference in this resolution as Exhibit A, is hereb approved and
the Town's Safet and Emer Mana Coordinator is hereb authorized to execute it for
and on behalf of the Town of Marana.
SECTION Z. The Town's Mana and staff are hereb directed and authorized to undertake
all other and further tasks re or beneficial to carr out the terms, obli and objectives of
the a
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this
5th da of Au 2014.
o
MA INA
ATTEST: �� I
Ma Ed'Honeav
cel V Bronson, Town Clerk
Marana Resolution 2014-070
02/ 26/ 2006 19:46 5204085146 J BARKLEY PAGE 02/07
AED DONATION & ACCEPTANCE AGREEM ENT
This AGREEMENT (the " A Mreem ent ), is entered into, cffeotive the date stated bel ow, by and among:
Parties:
STEVEN M. oOOTTFR C]l..l'NDATtDN an Arizona non-profit corporation C' Googer Egg d f o and.
�6k Co, O
t
[Organization Name]
The Gootter Foundation a grees to donate money for the purchase of an automated external defibrillator
(the "'Donati n" ), and You agree to accept the Donation, under the following terms:
I. GQqttcr % . The Oootter Foundation will send payment for the purchase px*GG of
an AED to Jumpstart Medical Equipment and Training LLC, an Arizona. Ihnited liability company, located. in
Tucson, Arizona ("Lur with direction to Jumpstart to directly del i the AED to You.
2, yo_ a is . Jumpstart will deliver the AEI, to You upon Your completion of the following tasks:
a. Attend Training* You wil participate in Jum.pstart's training program, which may
include training on the use of the AED, training on chest-compression only CPR, and consultation about the best
location to store Your AED. You will thereafter ensure that You always have staff whom trained to use an AED.
b. Register A ID. A,t the training preferred to in section. 2(a. ), You will register the AED with
the Arizona ,Department of Health Service.9 Bureau of Emergency Medical Services & Trauma System "Save
Hearts in Arizona Registty & Education " program ("SHARE"), by filling out and submitting the on -line
registration form on the SHARE website.
3. Malnte a ce chedule. You agree to maintain the manufacW rer "s recommended schedule of
cane and ma.iotenance for the AED.
/2�� YGUR IN ITIAL S
4. Jumpst t database You agree that Jumpstart may maratain Your contact information in its
database and that Jumpstart may use Your i d.entity and contact information to provide You offer. s of additional
training, maintenance, and upkeep for the AED.
5. a imt 'a Jf You are accepting the Donation on behalf of an organization, Your re pTewnt and
warr that the execution, de 1 ivery, and performance of this Agreement by You is within Your power and
authority and has been duly authorized by all necessary action by the organizafion on whose behalf You execute
this Agr eement. Tf. You are executing this Agreement on behalf of an organization, then ax)y reference to You
shall also refer to such organization and its pa rtners, members, sh are holders, directors, officers, employees,
agonts, and contractors.
6. INI]E Y i YOU AGREE TO NDEMNIFY, DEFEND, AND HOLD THE
GOOTTER FOUNDATION HARMLESS FOR, FROM, AND .AGAINST ANY AND ALL C LAIMS,
DEMANDS, LIABILITIES, COSTS, EXPENSES.
DAMAGES, LOSSES, CAUSES of A CTION, AND SUITS
OF ANY N ATURE WHATSOEVER ARISING FROM OR RELATING TO THE CARE STORAGE,
M11INTEN
A,NCE PERFORMANCE OR USE OF THE AED ("CLATW' YOU HEREBY" WAI.VE ANY
AND ALL CLAIMS YOU MAY .I, AVE AT ANY TIME AGAINST TIDE oOOTTER FOUN�DA'T'ZCJN A�TD ITS
DIRECTORS, OFFICERS, COMMITTEE MEMBERS, EMPLOYEES, AoENTS, RE.pRESENTA'I`IVESs OR
CONTRACTORS.
YOUR INITIALS
YOU A.CKNOWLEDGI� AND AGREE THAT IT IS YOUR SOLE
RES. IBI.LITY TO PROPERLY CARE FOR, STORE, MAINTAIN IN G OOD OOD W ORKINO ORDER, �JSE.,
. p ONS .
Exhibit "A"
02/26/2006 19.46 5204095146 J BARKLEY PACE 03/07
AND TEST THE AED ACCORDING T4 TH F GUIDELINES OF TIM AED MANUFA.CTUR6,R, AND THAT
THE GOO FOUNDATION HA NOT, WILL NOT, AND NEED NOT PROWDE OVE
TRAINING, OR OTHER,. HELP FOR THIS RESPONSIBILITY.
M C-- - YOUR INTTIALS
8. , , , _ NTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU A kE.RECEI V IN G AND
HEREBY ACCEPT THE AED "AS IS'' AND "WITH ALL FAULR SR THE GOOTTER FOUNDATION
HEREBY DIS C.L A.T MS ANY AND ALL kBPRESENTATIONS, WA.RRANTEES i AND GUARANTEES OF
ANY KfND O R NATURE, EXPRESS OR Ir.MPIJED, AS TO THE C OND I TION, VALUE, OR QUALITY OF
THE AED AND SPECIPICA.LLY DISCLAI ANY REPR.ESENTATI OR WARRANTY OF
ME,jRCHANTABILITY, MARK ETABILJTY., USAG E, OR FITNESS OF ANY PARTICULAR PURPOSE WITH
RESPECT TO THE AFD ■ THE PROVISION OF THIS PARAGRAPH S14ALL SURVIVE THE EXECUTION
OF THIS AGREEMENT.
lv'*t C-- YOUR INMAL S
9. Aft orney' .. 6 Any party who commences or defends an acti on against the other party to
enforce any of the terms of this Agreement or because of a breach by either patty of any of its tem s, and is
succes in such prosecution or defense, whether in litigati arbitration, or otherwise, shall recover from the
losing or defaulting party reasonab attorney's fees, costs, and expen incurred. in cotmecti ors with the
prosecution or defense of such action,
1. QU yerging-L�,. A ny and all matters in di pute between the p arities to this Agreennen.t, whetber
arisin from or xlatin to the A ement itself, arising from alleged extra contrao facts prior to, during or
subsequent to the Agreement, Including, without limitation, fraud, misreprosentation, negl.igetwe or any other
alleged tort or violation of the contract, small be governed by, construed, and enforced in accordance with the laws
of the State of Arizona, regardless of the legal theory upon which such matter is asserted.
11. fu risd icfiffl a Ven - Any action, arbitration, audit, hearing, invesfigation, litigation, or suit
( whether civil, crim inal, admini strative, ,judicial or investigative, whether formal or infannal, whether public or
private) commenced, brouglit, conducted, or heard by or before, or otherwise involving, mi governmental bo
or arbitrator arising out of or relating to this Agreement shall be brought in the court of the State of Arizona,
County of Pima.
12. B d ' f f This Agreement is binding upon the heirs, personal representatives,
administrators, agents, successors and assigns of the respective parties.
13. en der a. d u�rnber. Wbenever used in this Agreement, the sin.g�ular shall include the plural and
the p lural sba.11 include the singular, the male shall include the female gen.d.er and a tru�gt, partnership, firm.,
company or corporation, al as the c ont e xt and mcan ing of th Agreement mqui re.
1.4. R i 0 The descn'ptive headings of the several sections of this Agreement are inserted for
convenience ova ly an d do not constitute a part of th i s Agreement. ,
154 E ntire m�e n t A r" t+. This Agreement contains a o th agreements of the parties
with respect to the matters contained herein and no prior agreement or undersw)ding pertaining to any such
fs
m actor shal be effective for any purpose. No provision of this Agreement may be amended or added except by an
agreement in writing signed by the pies and/or their respective successors.
160 Co ter a Fax/ ect 'c Nignatures. This Agreement may be executed in two or more
each of which shall be deemed an original, but all of which togcther shall constitute one and the
coun
same instrument. Facsi -m a or electronic signatures shall be as effective as original signatures.
02/26/2006 19.46 5204085146 .J BARKLEY PAGE 04/07
17. Seyembi . In the event that any one or more of the provisions or parts of a provi contained
in this A,g=ment shall for any reason be held to be invalid, illegal, or unenforceable in any respect in any
jurisdiction, such Wnva.lidity, i l i e gal ity, or un enforceahi l ity shall not a,%ct any other provision or part of a
prevision of this agreement or any other jurisdiction, but this Agreement shall be reformed and construed in any
such jurisdiction as if s uch invalid or ll.legal or unenforecable provision or part of a provision had never been
contained herein avd $ UCh pravzston or part shall he reformed so that it would be valid., legal, and enforceable to
the max imum ext ent pen - ni tted in such .l urisdiction. 4-k
Wherel:ore the parties exectfte this Agreement effective this day of 20
STEVEN M. GOOTTER. FOUNDATION:
r r j
7 P
Andrew Messing,
President
YOU:
[Organization Name]
[Signature]
A)tlr)v)tt ark -1 (10
[Print Name]
aT "00U
xou.ade,ess: 1 U.9,
til.�J ; U CLn "Ob
vex
kklCkf*r'LVNa"" _, 1 96C57fS,3
Your Telephone Number:
5 Zo - 382
-19 `7z
Your Email. Address: ry) �l.r A�Q�. I�IC�✓iQ(l0� . �(Tl�