Agreement between the Secretary of State for Security (General Directorate of the Police) and the Fundación España Salud, for the installation of defibrillators in police stations in Aragon
In Madrid,
as of January 24, 2023.
TOGETHER
On the one hand, on behalf of the Secretary of State for Security, Mr. Francisco Pardo Piqueras, General Director of the Police, appointed by Royal Decree 728/2018, of June 29, acting by delegation of signature of the Secretary of State for Security, in accordance with the provisions of the Resolution of December 12, 2022, in relation to the Article 62.2.g) of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, and with address for the purposes of notifications of this agreement at Calle Miguel Ángel, n.o 5, CP. 28010 (Madrid).
And on the other hand, on behalf of the Spain Health Foundation, Mr. Luis Donoso Bach, President of the Medical Committee, unanimously appointed by its members at the annual meeting held on November 19, 2018 at CosmoCaixa Barcelona and effective January 1. of 2019, with registered office in Barcelona, calle Ganduxer, 132, 6., (08022) and with NIF G66097494, entity authorized by the General Directorate of Law and Legal Entities of the Department of Justice of the Generalitat de Catalunya, through registration number 46804, dated December 23, 2011. The legal capacity of the president of the Committee emanates from article 31 of chapter IV of the statutory text protocolized and which was authorized and registered by the General Directorate of Rights and Legal Entities of the Ministry of Justice of the Generalitat, through registration resolution no.o 3047 dated January 19, 2018.
The parties mutually recognize the legal capacity necessary to grant this agreement, and
EXPOSE
First. The Spain Health Foundation (hereinafter FES) is a private, non-profit institution whose objective is to improve health education and prevention, developing innovative projects aimed at disseminating knowledge of health sciences, training the general population in terms of healthy lifestyle habits and optimize the use of available resources.
He is currently promoting a public defibrillation program in Spain, a cardioprotected territory that has, among others, the recognition of a scientific research project from the Hospital Clínico–University of Barcelona, and the collaboration of the Government of Spain, regional governments, town halls, health services medical emergencies and different professional groups, including pharmacists.
Second. The National Police provides a public service with a high level of efficiency and prestige among citizens, and with a permanent willingness to serve. The vision and mission of the National Police define, among others, the social commitment to serve and protect citizens, thus contributing to the responsible development of society.
Third. The National Police is interested in being part of this public health program through a protocol that it entrusts to the FES for the study of the best protection of the people who live or pass through the vicinity of its different facilities where the defibrillator is going to be installed.
Room. The FES is willing to collaborate with this initiative, which will be included in the Spain, cardioprotected territory programme.
Quinto. This agreement, in accordance with the provisions of the Article 50 of Law 40/2015, of October 1, has the prior authorization of the Ministry of Finance and Public Function.
For all that the appearing parties have stated so far, it is proposed to sign this agreement, which will be governed by the following:
CLSUSES
First Object of the agreement
The purpose of this agreement is to study a specific program for the cardioprotection of a total of seven (7) police facilities of the Higher Police Headquarters of Aragon (to be carried out by the FES, according to the technical documentation that will be provided). , as well as the installation of defibrillation devices in them, offering a global service of permanent assistance and maintenance by the FES.
Second Commitments of the general directorate of the police
Initially, the defibrillators will be installed at the following points:
- – Saragossa province.
- • Zaragoza.
- ○ Mayanda Police Complex.
- ○ Delicias Police Complex.
- ○ Actur-Rey Fernando district police station.
- • Calatayud.
- ○ Calatayud local police station.
- • Zaragoza.
- – Huesca province.
- • Huesca.
- ○ Huesca Provincial Commissioner.
- • Pony.
- ○ Jaca local police station.
- • Teruel.
- • Huesca.
- – Teruel province.
- ○ Teruel Provincial Commissioner.
Third Dissemination of the project
Through the Delegation of the Government of Aragon, communication actions may be carried out through its own channels and dissemination media to publicize this public health initiative.
The FES, in collaboration with the Higher Police Headquarters of Aragon, will organize training meetings for the members of the Police General Directorate for greater knowledge in cardiopulmonary resuscitation, as a complement to the training organized in said Headquarters related to the first aid.
Quarter Commitments of the Spain Health Foundation
1. Installation of defibrillators.
The FES undertakes to install, prior to the public presentation of this project, a total of seven (7) defibrillators in their respective cardiac chests, previously agreed upon as to the exact locations.
Specifically, the defibrillators will be placed inside a duly marked cabin that must be located in a place with high visibility and accessibility.
Six months after the installation of the first equipment, the Police Headquarters of Aragon and the FES will evaluate its initial location and agree on its final location, if applicable.
2. Review and maintenance.
In order to guarantee adequate protection and maintenance of the defibrillators, the FES will offer a global service of permanent assistance and maintenance for four years, the initial period of assignment of this same equipment.
The Higher Police Headquarters of Aragon will incorporate the defibrillator devices into their regular review protocols to detect any anomalies that, if any, may occur and notify them as soon as possible to the technical services of the FES.
Quinta of Financiac
The FES will manage the active search in relation to the incorporation into the project of a sponsor necessary for its implementation, who will bear the costs of acquiring equipment without any consideration, whose mention may appear on the sticker that appears on the back of the project. front of the cardiac chest where the defibrillator is housed and which offers some basic indications for action.
The network of defibrillators in other facilities of the Aragon Police Headquarters will be expanded, according to the availability of project sponsors in successive phases and in accordance with existing objective needs, processing the corresponding amending addendum for this purpose.
As on previous occasions, the development of this agreement will not imply any economic cost for the General Directorate of the Police, thus contributing to compliance with the legislation on budgetary stability and financial sustainability.
Likewise, this agreement will not create any type of contractual or employment relationship between the signatories and the natural persons who carry out the activities inherent to it.
Friday Consequences in case of non-compliance
Failure to comply with the obligations and commitments assumed in this agreement will not generate compensation between the parties as it is an agreement that does not generate any financial obligation.
Septima Monitoring and control of the agreement
For the purposes of monitoring, surveillance and control of the commitments acquired by the signatories of this agreement, a Monitoring Commission is set up made up of a representative of the General Directorate of the Police and a representative of the FES, who will meet with a minimum periodicity or at the request of any of the constituents that it deems appropriate.
The operating regime of the Commission will be adapted to what is established for the collegiate bodies, in which articles 15 a22 of Law 40/2015, of October 1, or legislation that will replace it from now on.
Eighth Conflict resolution and competent jurisdiction
Doubts or controversies that arise between the parties about the effects, interpretation, modification or resolution of the same that cannot be resolved by conciliation in the Mixed Monitoring Commission, will be submitted to the competent courts of the contentious-administrative jurisdiction.
Novena Legal nature and applicable legislation
This agreement is subject to the legal regime of agreements provided for in chapter VI of the preliminary title of the Law 40/2015, of October 1, having an administrative nature.
Daughters Validity
This agreement is perfected with the provision of the consent of the parties, and will be effective once registered within a period of five business days from its formalization, in the State Electronic Registry of Cooperation Bodies and Instruments (REOICO). Likewise, it will be published within ten working days from its formalization in the Official State Gazette.
It will be valid for four years, and may be extended unanimously by the signatories, before the end of this term, for a period of up to four additional years, in order to maintain the provision of the service. The extension of the agreement, once signed, will be registered in the State Electronic Registry of Cooperation Bodies and Instruments (REOICO) and will be published in the BOE.
Undcim Causes of extinction
The causes of termination of this agreement are those established in the Article 51 of Law 40/2015, of October 1.
If, when any of the causes of termination of the agreement occurs, there are actions in progress, the parties, at the proposal of the Mixed Monitoring Commission, may agree to continue and end the actions in progress that they deem appropriate, establishing a deadline. non-extendable for completion. It corresponds to the Mixed Monitoring Commission to adopt the necessary measures to guarantee the completion of the actions that are in progress.
Duodenums Modification regime of the agreement
Any modification or extension of this agreement will be governed by the provisions of the Article 49.g) of Law 40/2015, of October 1, which establishes that, in the absence of express regulation, it will require the unanimous agreement of the signatories. Said modifications or extensions must be carried out through addendums, which, once signed, will be registered in the State Electronic Registry of Bodies and Instruments of Cooperation of the State Public Sector (REOICO) and will be published in the BOE.
And in proof of compliance with the foregoing, the parties sign this agreement in two original copies, equally valid, in the place and on the date indicated above. – The Secretary of State for Security, PD (Resolution of December 12, 2022), the General Director of the Police, Francisco Pardo Piqueras. The President of the Medical Committee of the Spain Health Foundation, Luis Donoso Bach.