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HomeMy WebLinkAboutAMERICAN HEART ASSOCIATIONINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: APR 2 6 2023 BACKGROUND: Memorandum of Understanding Between The American Heart Association, Inc. And Santa Ana Public Library N-2023-096 Founded in 1924, the American Heart Association (AHA) is the nation's oldest and largest voluntary nonprofit organization dedicated to fighting heart disease and stroke. High blood pressure is one of the top risk factors for heart attack and stroke. Nearly half of American adults with high blood pressure are not aware they have this condition. In California, heart disease is the number one cause of death, while stroke is the third leading cause. As a champion of health equity, the American Heart Association is interested in making self - measured blood pressure (SMBP) monitoring more accessible to the public. Santa Ana Public Library's purpose is to respond to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. Santa Ana Public Library is committed to serving the needs of Santa Ana residents first and foremost. PURPOSE AND ACTIVITIES: Santa Ana Public Library will collaborate with The American Heart Association for the Libraries with Heart initiative. This initiative provides the library with self -measuring blood pressure (SMBP) kits, as well as information on blood pressure, nutrition, physical activity and local resources. This allows residents of the City of Santa Ana to access free blood pressure monitor kits that supports the knowledge of learning how to take their blood pressure accurately at home, invites patrons to know their blood pressure numbers, provides resources on how to control and manage their blood pressure and facilitates connection to clinical care. Self - measured blood pressure (SMBP) monitoring programs are a recognized way to improve blood pressure control rates. This initiative provides SMBP monitoring kits (referred to as blood pressure kits) for check-out at the library. In addition to the blood pressure monitor, library cardholders have access to a free kit that provides the following, offered in English and Spanish: • Information and resources on taking self -measured blood pressure accurately, understanding blood pressure numbers and how to control and manage blood pressure at home • Educational handouts on overall heart health • Log to track blood pressure numbers to share with healthcare providers • Connections to clinical care • Participant survey Form LEG-950 rev.6-16-12 The American Heart Association will take the lead in the following five deliverables: DESCRIPTION: 1. The AHA team will conduct a training (in person and/or virtual) for all staff and/or volunteer leads of the library. 2. The AHA team will provide access to equipment for blood pressure readings and heart -health educational resources. 3. The AHA team will ensure a direct connection/established partnership with a local health center (e.g. FQHC). 4. The AHA team will provide 7 blood pressure kits for the Main Library and 3 kits for the Newhope Library. The library can request additional kits as needed. 5. The AHA team will include in the blood pressure kits a protocol/plan for communicating with and referring library patrons as needed to clinical care. 6. The AHA team will draft the Libraries with Heart Impact Story to demonstrate progress made by describing the work achieved. The Santa Ana Public Library will take the lead in the following five deliverables: DESCRIPTION: 1. The library staff will ensure that safety and liability considerations for the self - measured blood pressure (SMBP) monitoring collection are considered and vetted by appropriate parties in their organization. 2. The library staff will coordinate to create a circulating SMBP monitoring collection. 3. The library staff leads the cataloging of the blood pressure kits. 4. The library staff will ensure promotional materials, flyers, social media, etc. are designed to include all partner logos and follow appropriate partner organization approvals. 5. The library staff works with the AHA team to schedule and provide space for the staff training and implements the check-out and check -in process. EVALUATION OF RELATIONSHIP The AHA and Santa Ana Public Library will jointly evaluate the effectiveness of this relationship at the end of each year based on mutually agreed upon criteria in order to establish its future direction, including but not limited to, effective collaboration on media relations efforts, number of kits being checked out and patrons getting trained and learning more about blood pressure. If the parties determine a desire to expand or modify the scope or duration of activities in support of the movement, a discussion regarding the appropriateness of an agreement for sponsorship or corporate promotions will ensue. AHA's relationship with Santa Ana Public Library is predicated on the Libraries with Heart initiative and referral work being funded by AHA secured sources. COMMUNICATIONS Any materials or messaging, including media announcements and press releases, created by either party that refer to the other party or its programs or materials, must receive prior written approval by the other party. Neither party may display the trademarks or logos of the other party or copy or distribute copyrighted works of the other party, without specific prior written approval to do so. Each party reserves the right to update or change any of its trademarks or logos after giving ninety (90) calendar days' notice to the other party. Form LEG-950 rev.6-16-12 OWNERSHIP OF MATERIALS Each party acknowledges and agrees that the other party owns the copyright in all copyrightable works it provides or creates prior to this MOU. TRADEMARKS All materials that reference Santa Ana Public Library's support or endorsement of the Libraries with Heart or the American Heart Association name, must be reviewed and approved in writing by the AHA during development and production and before printing and/or production and distribution. Any and all uses of the American Heart Association Servicemark must conform to the AHA's Branding Guidelines, as they may be amended from time to time, AHA's policies, and any other requirements established by the AHA. Upon termination or expiration of the MOU, Santa Ana Public Library shall cease any and all use of the AHA Servicemark, except as such permission has been granted in a written agreement signed by both parties. Santa Ana Public Library hereby grants AHA a limited, non-exclusive, non -transferable license to display the Santa Ana Public Library Trademarks, which are set out below, to acknowledge Santa Ana Public Library's collaboration with the American Heart Association, and in accordance with the terms and conditions of this MOU. Use of the Santa Ana Public Library Trademark in any fashion other than that expressly set out in this MOU is expressly prohibited and shall constitute trademark infringement. Any and all uses of the Santa Ana Public Library Trademarks must conform to Santa Ana Public Library's Graphic Standards and any other requirements established by the Santa Ana Public Library and must be reviewed and approved by the Santa Ana Public Library in writing prior to use. Upon termination of this MOU, AHA shall cease any and all use of the Santa Ana Public Library Trademarks without written approval from Santa Ana Public Library." American Heart Association. SANTA ANA PUBLIC LIBRARY SERVICEMARK: Santa Ana Public Library M STATEMENT OF RELATIONSHIP Any approved use of AHA's Servicemark by Santa Ana Public Library shall be accompanied by the following statement of relationship: Santa Ana Public Library's work with Libraries with Heart is funded by the American Heart Association. Form LEG-950 rev.6-16-12 N-2023-096 FUNDING Nothing in this MOU shall be deemed to be a commitment or obligation of AHA or Santa Ana Public Library funds. Binding commitments regarding the rights and obligations of the parties with respect to specific promotional activities or funding commitments will be set out in one or more written agreements to be entered into between the parties at some future date. Nothing in this MOU requires the parties to enter into any specific agreements with respect to the subject matter of this MOU or any other matters. TERM This MOU shall be effective as of March 20, 2023 and will remain in effect for a period of three (3) calendar years. This MOU may be extended for up to two (2) additional one (1) year periods by mutual written agreement of the parties. It may be terminated at any time without liability by either party upon written notice to the other party. However, any print materials that have been printed or distributed with the approval of both parties prior to termination may continue to be distributed for up to thirty (30) calendar days following termination, if needed to carry out any agreed upon activities, unless otherwise agreed by the parties in writing. EQUIPMENT RELEASE In consideration for the equipment provided by AHA for the services contemplated by this MOU, the City of Santa Ana shall execute the Equipment Release for the Santa Ana Public Library, attached hereto as Exhibit A and incorporated by reference. AGREED: CITY OF SAINTA ANA: American Heart Association, Inc. Aldo KristinfeRidge� By: Markl4m Valdovinos(Apr 20,202316:48PDT) City Manager Print Name: MarklemValdovinos Title: Sr. Director, Community Impact Date: Ap r 20, 2023 Santa Ana Public Library By: Print Name: Brian Yernberg Title: Library Services Director Date: APPROVED AS TO FORM: By: Brandon Salvatierra Deputy City Attorney Form LEG-950 mv.6-16-12 EXHIBIT A Equipment Release for Santa Ana Public Library The American Heart Association, Inc. ("AHA") is providing 10 UA-651 A&D Medical Blood Pressure Monitors (the "Equipment") to Santa Ana Public Library ("Recipient") to be used for the Libraries with Heart Initiative. Consent to Usage Recipient acknowledges that it has received the Equipment at no cost for the purpose of conducting health screenings and self -monitoring programs. The program may include, but is not limited to, measuring blood pressure, height, weight, or body mass index. Disclaimer of Warranty AHA provides this Equipment in an "as is" condition with all faults, and makes no warranties or guarantees of any kind, and expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory regarding the Equipment, including but not limited to the accuracy, completeness, correctness, timeliness or usefulness of any information, programs, products, services, or other material provided through or derived from use of this Equipment, or of reliability, non - infringement, merchantability or fitness for a particular purpose. AHA makes no representation, warranty or guarantee that use of the Equipment will be uninterrupted, timely, secure, or error free, or free of viruses or other harmful elements, and such warranties are expressly disclaimed. By accessing or using the Equipment, Recipient agrees to comply with all applicable federal, state, and local laws and/or regulations which may relate to the Equipment, including, but not limited to, any laws related to privacy and/or protection of individual's protected health information. Provision of Equipment Does Not Amount to Recommendation or Endorsement of Product AHA's provision of Equipment to Recipient is not intended as a recommendation or endorsement by ABA of the Equipment, the manufacturer, or any related products. AHA shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any of the Equipment's products or services. Medical Disclaimer Recipient acknowledges that AHA's provision of Equipment is to produce general information only. Use of the Equipment is not intended to result in, or to be construed, as medical advice, diagnosis, and treatment by physicians, and/or patients or other individuals, and is not a substitute for consultations with qualified health professionals who are familiar with any patient's individual medical needs. The health screening measurements, tests, explanations, etc. do not establish a physician -patient relationship. Recipient will ensure its participants understand that any concerns about their health should be immediately addressed by a physician, and that it is the participant's responsibility, and not that of the AHA, Recipient, or other organizations associated with this health screen, to schedule a visit with a healthcare provider in order to confirm the results of the health screen and to obtain advice and treatment from a healthcare provider. Limitation of Liability Recipient agrees not to sue, and to forever and completely release, indemnify, defend, save and hold harmless ABA, its affiliates, and its and their officers, directors, employees, contractors, volunteers, sponsors and agents from all claims arising out of or related to access or use of Equipment. In no event will AHA or its affiliates, and its and their officers, directors, employees, contractors, volunteers, sponsors and agents be liable to Recipient, anyone claiming by, through or under Recipient, or anyone else for (i) any decision or action taken, or not taken, in reliance upon the information contained or provided through the Equipment, (ii) claims arising out of or related to the Equipment, (iii) Recipient's use of Equipment, or (iv) for any incidental, indirect, special, consequential or punitive damages, Form LEG-950 rev.6-16-12 including but not limited to, possible health side effects, loss of revenues, damages, claims, demands or actions. The foregoing release, indemnity, and limitation of liability shall be as broad and inclusive as is permitted by the state in which you live. Personal Information Recipient understands that AHA does not retain screening results or any other information provided by the participants in this program, or generated from Recipient's use of the Equipment. The foregoing release shall be as broad and inclusive as is permitted by the State or Province in which the Recipient is located. Ifany portion of it is held invalid, the remainder shall continue in full force and effect. I have read, understand, and agree to this Equipment Release. RECIPIENT'S NAME: Santa Ana Public Library SIGNATURE OF RECIPIENT'S AUTHORIZED OFFICIAL: �- PRINTED NAME OF AUTHORIZED OFFICIAL: Kristine Ridge, City Manager DATE: April _, 2023 Form LEG-950 mv.6-16-12 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor American Heart Association, Inc. Name: Project TBD (014) Number: Project Memorandum of Understanding Between The American Heart Name: Association, Inc. And Santa Ana Public Library The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE cert_HOU_City of AUTOMOBILE LIABILITY BAP837615927 07/01/2023 05/09/2023 Santa Ana_4010631_1.pdf cert_HOU_City of GENERAL LIABILITY GLO837615728 07/01/2023 05/17/2023 Santa Ana_4010631_2.pdf cert_HOU_City of PROFESSIONAL LIABLITY HMA4016049627 07/01/2023 05/17/2023 Santa Ana_4012085_1.pdf cert_HOU_City of WORKERS COMPENSATION WC837610927 07/01/2023 05/09/2023 Santa AND EMPLOYERS' LIABILITY Ana_4010631_1.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/22/2023 2:04 PM