HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-117 TR13610
September 8, 2021
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2021- I 1 7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A FIVE (5)
YEAR-TERM AGREEMENT FOR EMERGENCY MEDICAL
SERVICES (EMS) INTERNSHIP PROGRAM BETWEEN
THE CITY OF TAMARAC AND THE SCHOOL BOARD OF
BROWARD COUNTY TO ALLOW EMS STUDENTS TO
RIDE ALONG ON CITY'S FIRE RESCUE VEHICLES AS
PART OF THE INTERNSHIP PROGRAM AND RECEIVE
EDUCATION AND TRAINING FROM TAMARAC FIRE
RESCUE PERSONNEL WITH AN EFFECTIVE DATE UPON
EXECUTION BY ALL PARTIES AND WITH AN EXPIRATION
DATE OF JUNE 30, 2026, AUTHORIZING APPROPRIATE
CITY OFFICIALS TO EXECUTE THE AGREEMENT FOR
EMS INTERNSHIP PROGRAM; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac through the Fire Department provides
Emergency Medical Services (EMS) and Advanced Life Support (ALS) transport;
and
WHEREAS, the School Board of Broward County requires an agreement
for its EMS Internship Program to be executed with participating agencies for
their EMS students to ride along with each prospective agency; and
WHEREAS, the School Board of Broward County has requested that the
City of Tamarac allow Emergency Medical Technician (EMT) and Paramedic
students to ride along on the City's Fire Rescue vehicles as part of the Internship
Program in order to gain the required experience needed to become a State of
TR13610
September 8, 2021
Page 2
Florida Certified EMT and/or Paramedic under Chapter 64J-1, Florida
Administrative Code; and
WHEREAS, the City's Acknowledgement of Responsibility to Maintain
Confidentiality of Medical Information, the Hold Harmless Agreement and the
Agreement for EMS Internship Program are attached hereto as Exhibits 1, 2, and
3 respectively; and
WHEREAS, the Agreement for EMS Internship Program also enables the
City to have our own personnel if attending school to ride on our rescue vehicles;
and
WHEREAS, the Fire Chief recommends the approval and execution of the
Agreement for EMS Internship Program with the School Board of Broward
County; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve the Agreement for EMS Internship Program with the School Board of
Broward County to allow EMS students to ride on Tamarac Fire Rescue vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are expressly incorporated herein and
made a part hereof.
TR13610
September 8, 2021
Page 3
SECTION 2: That the Commission hereby approves the Agreement for
EMS Internship Program between the City of Tamarac and the School Board of
Broward County to allow EMS students to ride on City Fire Rescue vehicles as
part of the Internship Program. The appropriate City Officials are hereby
authorized to execute the School Board of Broward County Agreement for EMS
Internship Program (attached hereto as Exhibit 3) for a five (5) year term effective
upon execution of the Agreement and with an expiration date of June 30, 2026.
SECTION 3: That all Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
"The remainder of this page is left blank intentionally"
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September 8, 2021
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this / day of DeTte 6 , 2021.
���GL(iLi g
MICH LLE GOMEZ,
MAYOR
ATTES :
J IFE J H O , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ '
7�� �DIST l: COMM. BOLTON
DIST 2: COMM. GELIN t
DIST 3: VIM VILLALOBOS
DIST 4: COMM. FLACK()
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to fo
R. ERIN
TY ATTORNEY
TAMARAC
The City For Your Life
CITY OF TAMARAC
ACKNOWLEDGMENT OF RESPONSIBILITY
TO MAINTAIN CONFIDENTIALITY OF MEDICAL INFORMATION
By virtue of your internship program or other association with the City of Tamarac, you
may need to know and, therefore, may be informed of certain patient medical
information that is necessary to perform your assigned duties.
State law, and in some instances federal law, mandates that personal information and
protected health information ("medical information") be kept confidential unless the
patient gives specific written authorization or unless compelled by court order or
subpoena, when certain conditions are met for release of medical information.
By signing this form, you acknowledge that you must maintain as confidential all
medical information regarding any patient which you obtain in conjunction with your
internship duties and responsibilities, and you further acknowledge that you may not
disseminate this medical information to or discuss the medical condition of a patient with
any person except those persons directly necessary to the performance of your duties
and responsibilities.
Breach of this confidentiality may result in monetary liability, civil, and/or criminal
penalties imposed by law, and shall subject interns to discipline up to and including
dismissal for violation of City rules.
Print Name of Student:
First MI Last Suffix
Signature of Student:
Date:
Received by: on
(Name) (Date)
For internal use only:
Date Received:
Recipient:
HIPAA Form
I •
TAMARAC
The City For Your Life
CITY OF TAMARAC
FIRE RESCUE DEPARTMENT
HOLD HARMLESS AGREEMENT
IN CONSIDERATION of the permission I have been granted to accompany one or more agents
of the City of Tamarac Fire Rescue Department, Tamarac, Florida, a municipal corporation, in the
course of his or her duty I, the undersigned, do by these presents release the City of Tamarac
and its Fire Rescue agents, public officials, servants and employees of the City of Tamarac from
any and all liability, claims, demands, actions and causes of action resulting from any and all
damage to me or my property, injuries, illnesses, or my death, arising out of or relating to any
happening or occurrence while I am accompanying any agent of Tamarac Fire Rescue on duty,
or incidental thereto, and for the same consideration, I promise to release and forever hold each
of them harmless from any such liability, claims, demands, illnesses, actions or causes of action.
The terms of this Agreement shall be in full force and effect on the date hereof and on any other
occasion hereafter when I accompany City of Tamarac agents.
I have read and understand the conditions of this program as stated above, and hereby
voluntarily assume all risks of loss, damage, injury or illnesses to me or my property, including
death, which may be sustained while a passenger of the City vehicle or incidental to
accompanying one or more City of Tamarac Fire Rescue agents while on duty.
This Release and Agreement shall be binding upon me and my heirs, executors, administrators,
personal representatives and assigns, and shall inure to the benefit of the said City, agents,
public officials and any person herein designated, and their heirs, executors, administrators,
personal representatives, assigns and successors in office.
Dated this day of 20
Print Name Signature
FOR DEPARTMENTAL USE
Citizen Assigned To:
Date Civilian Rode: Shift:
Shift Supervisor's Signature:
Hold Harmless.doc
{00182015.1 2704-0501640)
TR13610-EXHIBIT 3
AGREEMENT
•
THIS AGREEMENT is made and entered into as of this 16 day ofaVg02" ,
2021,by and between
THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA
(hereinafter referred to as "SBBC"),
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
and
CITY OF TAMARAC, FLORIDA
(hereinafter referred to as ("City"),
whose principal place of business is
7525 NW 88th Avenue, Tamarac, Florida 33321
WHEREAS, the City agrees to collaborate in the education and ride-along training of
students in the Broward Emergency Medical Technician(EMT)/Firefighter Program("Program")
of the City; and
WHEREAS, the City acknowledges the value of this collaboration and offers to provide
optimum facilities, resources, and expertise at its disposal for the comprehensive education of
students; and
WHEREAS,this Program will benefit both parties by providing trained EMT/Paramedics
for the benefit of the entire community.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged,the parties hereby agree as follows:
ARTICLE 1 -RECITALS
1.01 Recitals. The parties agree that the foregoing recitals are true and correct and
that such recitals are incorporated herein by reference.
ARTICLE 2—SPECIAL CONDITIONS
2.01 Term of Agreement. This Agreement begins on the date it is fully executed by
both parties and concludes on June 30, 2026,unless terminated earlier pursuant to Section 3.05 of
this Agreement.
Agreement with City of Tamarac,Florida Page 1 of 17
2.02 Program Purpose. The Program's primary purpose is to educate and prepare
students to provide initial care to sick or injured persons taught by certified first responder
personnel.
a) SBBC shall coordinate clinical rotations in consultation with appropriate personnel
of the City.These rotations will be selected in accordance with the specific learning
required and opportunities accessible.
b) SBBC shall accept administrative responsibility for the Program and provide
didactic and performance-based instruction as required.
c) SBBC shall ensure the quality of course content in accordance with existing
accreditation standards.
d) SBBC shall acknowledge and consult with proper City personnel for administrative
matters.
e) SBBC shall comply with existing operational policies and procedures of the City.
2.03 Instruction and Curriculum.
a) The City shall provide information and training to Program students and faculty on
any City of Tamarac Policies and Procedures related to the Agreement.
b) The City shall provide the clinical facilities necessary for the students to obtain
experience for emergency patients who are not admitted to hospitals.
c) The City shall provide students with opportunities for observations and partipation
in patient evaluation, treatment, and transportation in the out-of-hospital
environment.
d) The City shall provide clinical supervision of students including clinical skills.
e) The City shall communicate pertinent information related to student clinical
performance to SBBC.
f) The City shall be responsible for providing Program students with gloves, N95 or
equivalent face mask, and additional personal protective equipment commensurate
with the type of call.
2.04 SBBC Disclosure of Education Records.
(a) The purpose: SBBC will provide City with education records listed in this section
to schedule students to specific stations on specific dates for the Program.
Agreement with City of Tamarac,Florida Page 2 of 17
(b) SBBC will provide City with the following education records,via email:
1) Students' first and last name
2)Name of students' school of record
(c) SBBC will obtain written consent from each adult student prior to disclosing the
education records listed in this section. The Release and Waiver attached hereto as
Exhibit A and the Request for Permission to Ride as an Observer and Hold-
Harmless Agreement attached hereto as Exhibit B are maintained by SBBC. These
completed forms will be provided to the City.Participating students will be required
by SBBC to execute a Request For Permission To Ride As An Observer And Hold-
Harmless Agreement substantially complying with the form attached hereto as
Exhibit B,and incorporated herein by reference. SBBC understands that a provided
City of Tamarac Liability Hold Harmless& Indemnification agreement, as well as
a student rider HIPAA form must be completed and on file with the City of
Tamarac, prior to the commencement of any ride time. Students further agree to
keep confidential anything which they may observe when requested to do so by
members of the Tamarac Fire-Rescue Department. Additionally, students
understand that they cannot take any photographs, video, or other imaging(analog
or digital)without the express written consent of the Fire Chief or his/her designee.
The students further understand and agree that any medically related patient
information shall not be disseminated in any form under penalty of law(HIPAA).
2.05 City's Confidentiality of Education Records.
(a)Notwithstanding any provision to the contrary within this Agreement, City shall:
1) fully comply with the requirements of Sections 1002.22, 1002.221, and
1002.222, Florida Statutes; the Family Educational Rights and Privacy Act, 20 U.S.0 §
1232g (FERPA)and its implementing regulations (34 C.F.R. Part 99), and any other state
or federal law or regulation regarding the confidentiality of student information and
records;
2) hold any education records in strict confidence and not use or redisclose same
except as required by this Agreement or as required or permitted by law unless the parent
of each student or a student age 18 years or older whose education records are to be shared
provides prior written consent for their release;
3) ensure that, at all times, all of its employees who have access to any education
records during the term of their employment shall abide strictly by its obligations under
this Agreement, and that access to education records is limited only to its employees that
require the information to carry out the responsibilities under this Agreement and shall
provide said list of employees to SBBC upon request;
Agreement with City of Tamarac,Florida Page 3 of 17
4) safeguard each education record through administrative, physical and
technological safety standards to ensure that adequate controls are in place to protect the
education records and information in accordance with FERPA's privacy requirements;
5) utilize the education records solely for the purposes of providing products and
services as contemplated under this Agreement;and shall not share,publish,sell,distribute,
target advertise, or display education records to any third party;
6) notify SBBC immediately upon discovery of a breach of confidentiality of
education records by telephone at 754-321-0300 (Manager, Information Security), and
754-321-1900 (Privacy Officer), and email at privacy@browardschools.com, and take all
necessary notification steps as may be required by federal and Florida law, including, but
not limited to, those required by Section 501.171, Florida Statutes;
7) fully cooperate with appropriate SBBC staff, including Privacy Officer and/or
Information Technology staff to resolve any privacy investigations and concerns in a
timely manner;
8)prepare and distribute, at its own cost, any and all required breach notifications,
under federal and Florida Law, or reimburse SBBC any direct costs incurred by SBBC for
doing so,including,but not limited to,those required by Section 501.171,Florida Statutes;
9) be responsible for any fines or penalties for failure to meet breach notice
requirements pursuant to federal and/or Florida law;
10)provide SBBC with the name and contact information of its employee who shall
serve as SBBC's primary security contact and shall be available to assist SBBC in resolving
obligations associated with a security breach of confidentiality of education records; and
11) securelyerase education records from anymedia once anymedia equipment is
no longer in use or is to be disposed; secure erasure will be deemed the deletion of the
education records using a single pass overwrite Secure Erase (Windows) or Wipe (Unix).
(b) All education records shall remain the property of SBBC, and any party contracting
with SBBC serves solely as custodian of such information pursuant to this Agreement and claims
no ownership or property rights thereto and,upon termination of this Agreement shall, at SBBC's
request, return to SBBC or dispose of the education records in compliance with the applicable
Florida Retention Schedules and provide SBBC with a written acknowledgment of said
disposition.
2.06 Telephone Consultation. SBBC shall provide faculty or school administration
for consultation with the City by telephone at any given time during which students are on the
City's premises without supervision by an instructor.
Agreement with City of Tamarac,Florida Page 4 of 17
2.07 Course Materials. Upon request, SBBC shall provide the City copies of current
course outlines, course objectives, curriculum, philosophy and a list of faculty and their
qualifications.
2.08 Approval/Accreditation Status. Through its administrators and faculty,
SBBC shall maintain approval/accreditation status for the Fire Academy program.
2.09 Supervision of Educational Experiences. Students participating in the Program,
for clinical education experiences directly related to patient care shall be supervised by City
personnel employed or contracted by City.
2.10 Faculty Orientation. The City shall provide an orientation for SBBC
faculty prior to the commencement of the students' clinical educational experiences, if requested
by SBBC faculty.
2.11 Student Experience. SBBC shall be responsible for guidance, direction
and supervision of students participating in the Program.
2.12 Patient Confidentiality. SBBC and its participating students and faculty shall
keep strictly confidential and hold in trust all confidential information of the City and/or its patients
and shall not disclose or reveal any confidential information to any third party without the express
prior written consent of the City. Participating students will be required by SBBC to execute a
Request For Permission To Ride As An Observer And Hold-Harmless Agreement substantially
complying with the form attached hereto as Exhibit B, and incorporated herein by reference.
Students further agree to keep confidential anything which they may observe when requested to
do so by members of the Tamarac Fire-Rescue Department. Additionally, students understand that
they cannot take any photographs, video, or other imaging (analog or digital)without the express
written consent of the Fire Chief or his/her designee. The students further understand and agree
that any medically related patient information shall not be disseminated in any form under penalty
of law (HIPAA). SBBC and its participating students shall comply with any applicable state or
federal laws or regulations concerning patient confidentiality or protected health information.
SBBC students shall receive orientation and training on the City's privacy policies and procedures
prior to beginning the educational programs,pursuant to this Agreement. Unauthorized disclosure
of confidential information,patient information,or protected health information shall be a material
breach of this Agreement and shall constitute cause for the immediate termination of this
Agreement. SBBC shall immediately notify the City of any unauthorized disclosure of confidential
information, patient information, or protected health information that comes to its knowledge.
SBBC will not enter into any contracts related to this Agreement with third persons to whom
confidential information, patient information, or protected health information would be provided
without the express written consent of the City and the imposition upon such third persons of the
same duty to safeguard said information. SBBC's records relating to the use and disclosure of said
information shall be available for inspection upon reasonable notice to the City or any federal or
state authority entitled to access to such information. The provisions of this section survive the
expiration or termination of this Agreement.
Agreement with City of Tamarac,Florida Page 5 of 17
2.13 Number of Assigned Students. SBBC and the City agree that the
determination of the number of students to be assigned to the City shall be at the discretion of the
City, based on a variety of factors including, but not limited to, staff, space availability and the
number of students enrolled in the Program.
2.14 Program Uniforms. SBBC shall require students participating in the educational
Program to wear the uniform of the Program and approved nametag while on the City's premises.
2.15 Students are Not City Employees. SBBC, its faculty and its students shall in no
event become or be deemed to be employees, servants, agents, or volunteers of the City. Students
shall be considered employees, servants, agents, or volunteers of SBBC.
2.16 No Compensation. Each party shall perform the duties and responsibilities
specified in this Agreement without compensation. Participating students shall be treated by the
City as trainees and shall have no expectation of receiving compensation or future employment
from either party. Any courtesy appointments to City's staff for the purposes of this Program shall
be without entitlement of the appointee to compensation or benefits. Students shall pay for their
own means while participating in the Program
2.17 Discontinued Student Placement. SBBC reserves the right to refuse or
discontinue the placement of students if the City does not meet the professional educational
requirements and standards of SBBC. The City reserves the right to discontinue the availability of
its facilities and services to any student who does not continuously meet professional or other
requirements, qualifications, and standards of the City as determined by the City, following
collaboration with SBBC personnel. The City reserves the right to immediately remove from its
premises and to prohibit from future participation any student who behaves unprofessionally or
poses an immediate threat or danger to patients or personnel of to the quality of medical services.
However,the parties agree that only SBBC can dismiss a student from Program participation.
2.18 Personal Property. The City is not responsible for the personal property
belonging to SBBC faculty or students participating in the Program.
2.19 Participant's Medical Care. SBBC and/or the students participating in the
Program are responsible for arranging for the student's medical care and/or treatment,if necessary,
including transportation in the event of illness or injury while participating in the Program
provided at the City's premises. In no event will the City be financially or otherwise responsible
for said medical care and treatment.
2.20 Emergency Health Care Services. The City shall provide immediate emergency
health care services to students participating in the Program in the event of accidental injury or
illness while on the City's premises. At the time of providing such services, the City and
emergency health care facility shall accept assignment of the affected individual's personal or
Broward County Schools Student Basic Accident insurance policy. Neither City nor SBBC will
be responsible for costs involved in the provision of such services, the follow-up care, or
hospitalization.
Agreement with City of Tamarac,Florida Page 6 of 17
2.21 City Accreditation/Licensure. Upon request, the City shall provide proof of its
accreditation/licensure status to SBBC.
2.22 Inspection of City Records by SBBC. City shall establish and maintain
books,records,and documents(including electronic storage media)related to this Agreement. All
of City's Records, regardless of the form in which they are kept, shall be open to inspection and
subject to audit, inspection, examination, evaluation, and/or reproduction, during normal working
hours, by SBBC's agent or its authorized representative. For the purpose of such audits,
inspections, examinations, evaluations, and/or reproductions, SBBC's agent or authorized
representative shall have access to City's Records from the effective date of this Agreement, for
the duration of the term of the Agreement,and until the later of three(3)years after the termination
of this Agreement or three (3) yearsto City's pursuant to this Agreement. SBBC's agent or its
authorized representative shall provide City with reasonable advance notice(not to exceed two(2)
weeks) of any intended audit, inspection, examination, evaluation, and/or reproduction. SBBC's
agent or its authorized representative shall have access to the City's facilities and to any and all
records related to the Agreement and shall be provided adequate and appropriate workspace in
order to exercise the rights permitted under this section. City shall comply and cooperate
immediately with any inspections, reviews, investigations, or audits deemed necessary by the
Florida Office of the Inspector General or by any other state or federal officials.
2.23 City Insurance. The City maintains insurance for the benefit of its
employees, servants, and agents.Nothing contained in this Agreement shall constitute a waiver of
sovereign immunity by the City if the City possesses sovereign immunity.
2.24 Notice. When any of the parties desire to give notice to the other,such notice
must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified;the place for giving notice shall remain such until it is changed
by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice:
To SBBC: Superintendent of Schools
The School Board of Broward County,
Florida 600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
With a Copy to: Director
Career, Technical, Adult and Community
Education
The School Board of Broward County,Florida
1701 Northwest Twenty-Third Avenue
Fort Lauderdale, Florida 33311
With a Copy to: Curriculum Supervisor, Health Science
Career, Technical, Adult and Community Education
The School Board of Broward County, Florida
1701 Northwest Twenty-Third Avenue
Agreement with City of Tamarac,Florida Page 7 of 17
Fort Lauderdale, Florida 33311
To City: Michael Cernech, City Manager
City of Tamarac
6000 Hiatus Road
Tamarac,Florida 33321
With a Copy to: Percy Sayles, Fire Chief
City of Tamarac, Fire Rescue
6000 Hiatus Rd. 2nd Floor
Tamarac, Florida 33321
2.25 Background Screening. The City agrees to comply with all requirements of
Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (a) are to be
permitted access to school grounds when students are present, (b) will have direct contact with
students, or(c)have access or control of school funds, will successfully complete the background
screening required by the referenced statutes and meet the standards established by the statutes.
This background screening will be conducted by SBBC in advance of the City or its personnel
providing any services under the conditions described in the previous sentence.The City shall bear
the cost of acquiring the background screening required by Section 1012.32,Florida Statutes, and
any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints
provided with respect to the City and its personnel. The parties agree that the failure of the City
to perform any of the duties described in this section shall constitute a material breach of this
Agreement entitling SBBC to terminate immediately with no further responsibilities or duties to
perform under this Agreement. Nothing herein shall be construed as a waiver by SBBC or the
City of sovereign immunity or of any rights or limits to liability existing under Section 768.28,
Florida Statutes.
2.26 Criminal Background Check and Drug Screening. All emergency medical
technician firefighting students,must take and successfully pass a criminal background check and
a ten-panel drug screening test. In accordance with the reemployment regulations and guidelines
of the hospital, nursing home, clinical facility, or rescue station students may be denied Program
entrance. The results of the criminal background check and drug screening tests will be discussed
with the student and his/her parent or guardian, if required.
2.26 Public Records. The following provisions are required by Section 119.0701,
Florida Statutes, and may not be amended. City shall keep and maintain public records required
by SBBC to perform the services required under this Agreement. Upon request from SBBC's
custodian of public records, City shall provide SBBC with a copy of any requested public records
or to allow the requested public records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law. City shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement's term and following completion of the Agreement if City does not
transfer the public records to SBBC. Upon completion of the Agreement, City shall transfer, at no
cost,to SBBC all public records in possession of City or keep and maintain public records required
Agreement with City of Tamarac,Florida Page 8 of 17
by SBBC to perform the services required under the Agreement. If City transfers all public records
to SBBC upon completion of the Agreement, City shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If City keeps
and maintains public records upon completion of the Agreement, City shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
SBBC,upon request from SBBC's custodian of public records, in a format that is compatible with
SBBC 's information technology systems.
IF A PARTY TO THIS AGREEMENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
754-321-1900, RECORDREQUESTSnu,BROWARDSCHOOLS.COM, RISK
MANAGEMENT DEPARTMENT, PUBLIC RECORDS DIVISION, 600
SOUTHEAST THIRD AVENUE, FORT LAUDERDALE, FLORIDA 33301.
2.27 Indemnification. Each party agrees to be fully responsible for its acts of
negligence,or its employees' acts of negligence when acting within the scope of their employment
and agrees to be liable for any damages resulting from said negligence subject to the limits set
forth in Section 768.28, Florida Statutes. This section shall survive the termination of all
performance or obligations under this Agreement and shall be fully binding until such time as any
proceeding brought on account of this Agreement is barred by any applicable statute of limitations.
2.28 Professional Liability Insurance Coverage. SBBC shall provide the City
proof of professional liability insurance coverage with a minimum of$1,000,000/$3,000,000 for
each student and faculty member. Students shall be required to be covered by their own health or
accident insurance.
2.29 Equal Opportunity Provision. The parties agree that no person shall be
subjected to discrimination because of age, race, color, disability, gender identity, gender
expression,marital status,national origin,religion,sex or sexual orientation in the performance of
the parties' respective duties,responsibilities and obligations under this Agreement.
2.30 Incorporation by Reference. Exhibits A and B attached hereto and
referenced herein shall be deemed to be incorporated into this Agreement by reference.
2.31 Hold Harmless. SBBC agrees to advise all faculty and students that the City
requires each student to sign the Hold Harmless Agreement before participating in the Program.
SBBC shall ensure that its faculty and students execute the Hold Harmless Agreement attached
hereto as Exhibit B to this Agreement. SBBC shall provide all executed faculty and student Hold
Harmless Agreements to the City prior to any faculty and/or student participation pursuant to this
Agreement.
ARTICLE 3—GENERAL CONDITIONS
Agreement with City of Tamarac,Florida Page 9 of 17
3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as
a waiver of sovereign immunity by any agency or political subdivision to which sovereign
immunity may be applicable or of any rights or limits to liability existing under Section 768.28,
Florida Statutes. This section shall survive the termination of all performance or obligations under
this Agreement and shall be fully binding until such time as any proceeding brought on account of
this Agreement is barred by any applicable statute of limitations.
3.02 No Third-Party Beneficiaries. The parties expressly acknowledge that it is
not their intent to create or confer any rights or obligations in or upon any third person or entity
under this Agreement. None of the parties intend to directly or substantially benefit a third party
by this Agreement. The parties agree that there are no third-party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim against any of the parties based upon this
Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of
the State of Florida to be sued by third parties in any matter arising out of any Agreement.
3.03 Independent Contractor. The parties to this Agreement shall at all times be
acting in the capacity of independent contractors and not as an officer, employee or agent of one
another. Neither party or its respective agents, employees, subcontractors or assignees shall
represent to others that it has the authority to bind the other party unless specifically authorized in
writing to do so. No right to SBBC retirement, leave benefits or any other benefits of SBBC
employees shall exist as a result of the performance of any duties or responsibilities under this
Agreement. SBBC shall not be responsible for social security, withholding taxes, contributions to
unemployment compensation funds or insurance for the other party or the other party's officers,
employees, agents, subcontractors or assignees.
3.04 Default. The parties agree that, if either party is in default of its obligations
under this Agreement, the non-defaulting party shall provide to the defaulting party (30) days'
written notice to cure the default. However, if said default cannot be cured within said thirty(30)
day period and the defaulting party is diligently attempting in good faith to cure same, the time
period shall be reasonably extended to allow the defaulting party additional cure time. Upon the
occurrence of a default that is not cured during the applicable cure period,this Agreement may be
terminated by the non-defaulting party upon thirty(30) days' notice. This remedy is not intended
to be exclusive of anyother remedy,and each and everysuch remedyshall be cumulative and shall
Y�
be in addition to every other remedy now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or future exercise thereof. Nothing in this section shall be construed to
preclude termination for convenience pursuant to Section 3.05.
3.05 Termination. This Agreement may be canceled with or without cause by
SBBC during the term hereof upon thirty(30)days' written notice to the other parties of its desire
to terminate this Agreement. In the event of such termination, SBBC shall be entitled to a pro rata
refund of any pre-paid amounts for any services scheduled to be delivered after the effective date
of such termination. SBBC shall have no liability for any property left on SBBC's property by
any party to this Agreement after the termination of this Agreement. Any party contracting with
SBBC under this Agreement agrees that any of its property placed upon SBBC's facilities pursuant
to this Agreement shall be removed within ten (10) business days following the termination,
Agreement with City of Tamarac,Florida Page 10 of 17
conclusion or cancellation of this Agreement and that any such property remaining upon SBBC's
facilities after that time shall be deemed to be abandoned,title to such property shall pass to SBBC,
and SBBC may use or dispose of such property as SBBC deems fit and appropriate.
3.06 Compliance with Laws. Each party shall comply with all applicable federal,
state and local laws, SBBC policies, codes, rules, and regulations in performing its duties,
responsibilities and obligations pursuant to this Agreement.
3.07 Place of Performance. All obligations of SBBC under the terms of this
Agreement are reasonably susceptible of being performed in Broward County, Florida and shall
be payable and performable in Broward County, Florida.
3.08 Governing Law and Venue. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Any controversies
or legal problems arising out of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted exclusively to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida or to the jurisdiction of the
United States District Court for the Southern District of Florida. Each party agrees and admits that
the state courts of the Seventeenth Judicial Circuit of Broward County,Florida or the United States
District Court for the Southern District of Florida shall have jurisdiction over it for any dispute
arising under this Agreement.
3.09 Entirety of Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
3.10 Binding Effect. This Agreement is binding upon and inures to the benefit of
the parties hereto and their respective successors and assigns.
3.11 Assignment. Neither this Agreement nor any interest herein may be assigned,
transferred or encumbered by any party without the prior written consent of the other party. There
shall be no partial assignments of this Agreement including, without limitation, the partial
assignment of any right to receive payments from SBBC.
3.12 Captions. The captions, section designations, section numbers, article
numbers, titles and headings appearing in this Agreement are inserted only as a matter of
convenience, have no substantive meaning, and in no way define, limit, construe or describe the
scope or intent of such articles or sections of this Agreement,nor in any way affect this Agreement
and shall not be construed to create a conflict with the provisions of this Agreement.
3.13 Severability. If any one or more of the sections,paragraphs, sentences, clauses or
provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid,
illegal,unlawful,unenforceable or void in any respect, such shall not affect the remaining portions
of this Agreement and the same shall remain in full force and effect as if such invalid, illegal,
Agreement with City of Tamarac,Florida Page 11 of 17
unlawful, unenforceable or void sections, paragraphs, sentences, clauses or provisions had never
been included herein.
3.14 Preparation of Agreement. The parties acknowledge that they have sought and
obtained whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein expresses their mutual intent
and the resulting document shall not,solely as a matter of judicial construction,be construed more
severely against one of the parties than the other.
3.15 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by each party hereto.
3.16 Waiver. The parties agree that each requirement, duty and obligation set
forth herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof. Any party's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement unless the waiver is in
writing and signed by the party waiving such provision. A written waiver shall only be effective
as to the specific instance for which it is obtained and shall not be deemed a continuing or future
waiver.
3.17 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the
issuance or extension of exisiting government orders of the United States,the State of Florida, or
local county and municipal governing bodies,or by reason of any other matter or condition beyond
the control of either party, and which cannot be overcome by reasonable diligence and without
unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either party
be deemed Force Majeure.
3.18 Survival. All representations and warranties made herein, indemnification
obligations,obligations to reimburse SBBC,obligations to maintain and allow inspection and audit
of records and property, obligations to maintain the confidentiality of records, reporting
requirements, and obligations to return public funds shall survive the termination of this
Agreement.
3.19 Agreement Administration. SBBC has delegated authority to the Superintendent
of Schools or his/her designee to take any actions necessary to implement and administer this
Agreement.
3.20 Counterparts and Multiple Originals. This Agreement may be executed in
multiple originals, and may be executed in counterparts, each of which shall be deemed to be an
original,but all of which, taken together, shall constitute one and the same Agreement.
3.21 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
Agreement with City of Tamarac,Florida Page 12 of 17
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
3.22 Compliance with HIPAA. SBBC shall ensure that all students have received
proper training with respect to the requirements of the Health Insurance Probability and
Accountability Act 1996 ("HIPAA"). SBBC shall ensure that its students comply with all
applicable requirements of HIPAA.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the date first above written.
[THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW]
Agreement with City of Tamarac,Florida Page 13 of 17
FOR SBBC:
(Corporate Seal) THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
By
ATTEST: Dr. Rosalind Osgood, Chair
Approved as to Form and Legal Content:
Dr. Vickie L. Cartwright
Interim Superintendent of Schools
Office of the General Counsel
[THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]
Agreement with City of Tamarac,Florida Page 14 of 17
FOR CITY:
(Corporate Seal)
CITY O T:M• '.° " : I DA
ATTEST: / //
By � A. l'AllrOP
/ '
7 ' athleen Gunn, Interim City Manager
Jc - 1 1/11'
, C, ty Clerk
AllW___Agra
J o e. IorneY_ /
ri� ., City
411/
The Following Notarization is Required for Every Agreement Without Regard to
Whether the Party Chose to Use a Secretary's Attestation or Two (2) Witnesses.
STATE OF fl-. 12--I['
COUNTY OF R Qt A)
The foregoing instrument was acknowledged before me by means of11 hysical presence
or 0 online notarization, this t:X-77)136iL 15 010 ) (date) by
X(rTHi-erl•-) &WU)1 kin Gay name of officer or agent, title of officer or agent) of
C:CM OF 11/Y1 24kC- ' 0 (name of corporation acknowledging), a
0IL i A (state or place of incorporation) corporation, on behalf of the
corporation. ,/she is personally known to me or has produced
(type of identification) as identification and who ❑did/I'did
not first take an oath this ;S day of cG1132 - , 2021.
My Commission Expires: 4g.q.DIDDs. f ,� �__�
-�J�U G
Signature-Notary Public
/4E EirJ
(SEAL) Printed Name of Notary
-f-H--f 09567s
.'om"d'', ANN MARIE GORDON 1 Notary's Commission No.
.0 ; NotaryPublic-State of Florida
11,w Commission#NH 095695
of A My Comm.Expires Feb 22.2025,,...Bonded through National Notary Assn. 0
Agreement with City of Tamarac,Florida Page 15 of 17
EXHIBIT A
RELEASE AND WAIVER
I, , in consideration for being allowed to
enroll and participate in the Broward Emergency Medical Technician(EMT)/Firefighter Program
("Program"), hereby agree to sign this Release and Waiver.
Accordingly, I agree to unconditionally release,waive,and discharge the City of Tamarac,
Florida, its Commission members, employees, agents, and servants, all hereafter referred to as •
"releasees", from all claims and courses of action, that I, my personal representatives, assigns,
heirs, and next of kin, may have for any loss, damage, or injury to person or property, whether
caused by negligence, or otherwise of the releasees. In addition, I agree to release against all
claims, demands,and actions arising out of either my own actions or involvement with the City of
Tamarac, Florida, and/or the above listed educational programs.
I certify and warrant that I am in good health and physical condition and am able to
participate in the above activity.
I HAVE CAREFULLY READ THE FOREGOING RELEASE AND WAIVER AND
KNOW THE CONTENTS THEREOF AND HAVE SIGNED THIS RELEASE AND WAIVER
AS MY OWN FREE ACT.
I expressly agree that this Release and Waiver is intended to be as broad and as inclusive
as permitted by the laws of the State of Florida,and that if any portion thereof is held invalid, it is
agreed that the balance shall notwithstanding, continue in full force and effect.
In Witness Whereof,I have executed this Release and Waiver on
20
By:
(Signature of Student age 18 or Over)
By:
(Printed Name of Student age 18 or Over)
I have asked the Participant if he/she understood what is being signed.
WITNESS:
(Signature of Witness)
(Printed Name of Witness)
Agreement with City of Tamarac,Florida Page 16 of 17
EXHIBIT B
REQUEST FOR PERMISSION TO RIDE AS AN OBSERVER
AND
HOLD-HARMLESS AGREEMENT
The undersigned being over the age of eighteen, does hereby request the City of Tamarac Fire-
Rescue Department permission to ride solely as an observer in an authorized City of Tamarac Fire-
Rescue Department motor vehicle. This observation is for the purpose of educational benefit. If
permission is granted, I hereby agree at all times to obey all instructions, orders and directives
given me by the officer or officers in command whether it be in or at the fire station, on any fire
department vehicle or any incident scene. I fully realize and appreciate the basic nature of fire
department work and the possibility that situations will arise which might result in exposure to
danger or physical harm or injury, including, but not limited to, motor vehicle accidents. I
nevertheless freely and voluntarily accept these risks. I further agree to keep confidential anything
which I may observe when requested to do so by members of the City of Tamarac Fire-Rescue
Department.Additionally, I understand that I cannot take any photographs,video or other imaging
(analog or digital)without the express written consent of the Fire Chief or their designee. I further
understand and agree that any medically related patient information shall not be disseminated in
any form under penalty of law (HIPAA). Finally, I understand that the privilege of riding as an
observer may be terminated at any time without notice by the City of Tamarac Fire-Rescue
Department.
WHEREOF, in consideration of the educational benefit to be received and the granting of the
above request, I hereby agree to hold the City of Tamarac, Florida,its Commission,Tamarac Fire-
Rescue Department and its Fire Chief, City of Tamarac, Florida employees, agents and servants
harmless from any and all liability to me for bodily injury or property damage whether proximate
or remote,sustained during the period of time I may be in the capacity of an observer as aforesaid.
(Print Name) (Home Address) (Telephone Number)
(Signature) (City) (State,Zip)
(Age) (Date of Birth) (Occupation)
(Fire Department Witness—Print) (Witness—Signature) (Rank)
Approved: For
(Deputy Fire Chief—Print&Signature) (Date and Time Period)
Unit Assigned:
Rev.08-13-14
Agreement with City of Tamarac,Florida Page 17 of 17