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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-180TR11532 (EMSA) November 20, 2008 Page 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2008- /0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND PARA-MED ACADEMY, INC. D/B/A EMERGENCY MEDICAL SCIENCES ACADEMY, INC. (EMSA) TO ALLOW EMERGENCY MEDICAL SERVICES (EMS) STUDENTS AN OPPORTUNITY TO PARTICIPATE IN A STUDENT RIDE ALONG PROGRAM ON TAMARAC FIRE RESCUE VEHICLES TO RECEIVE EDUCATION AND TRAINING IN AN EMS STUDENT PRECEPTORSHIP PROGRAM FOR A THREE-YEAR PERIOD UPON THE EXECUTION OF THE AGREEMENT; 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, Emergency Medical Sciences Academy (EMSA) has requested that the City of Tamarac allow Emergency Medical Technician (EMT) and Paramedic students to ride along on the City's fire rescue units in order to gain the required experience needed to become a State of Florida Certified EMT and/or Paramedic; and WHEREAS, Emergency Medical Sciences Academy (EMSA) has provided the City of Tamarac with an Affiliation Agreement, attached hereto as Exhibit "A"; and TR11532 (EMSA) November 20, 2008 Page 12 WHEREAS, Emergency Medical Sciences Academy (EMSA) has provided the City of Tamarac with a Hold Harmless Agreement, attached hereto as Exhibit "B"; and WHEREAS, the Agreement also enables the City to have our own personnel attending school to ride on our rescue vehicles; 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 Affiliation Agreement with Emergency Medical Sciences Academy (EMSA) 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 incorporated herein and made a specific part of this Resolution. SECTION 2: That the Commission hereby authorizes the appropriate City officials to execute the Agreement attached hereto as Exhibit A, between the City of Tamarac and Emergency Medical Sciences Academy (EMSA) to allow EMS students to ride on City Fire Rescue vehicles in an EMS Student Preceptor Program for a three-year period effective upon execution of the Agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 TR11532 (EMSA) November 20, 2008 Page 13 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 2008. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Ct . SAMUEL S. GOREN CITY ATTORNEY 1 BETH FLANSBAUM-TALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABI$CO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER TR11532 1M.MSA Exhibit A EMERGENCY MEDICAL SCIENCES ACADEMY, INC. and CITY OF TAMARAC AGREEMENT FOR EMERGENCY MEDICAL SERVICES INTERNSHIP PROGRAM This is an Agreement between EMERGENCY MEDICAL SCIENCES ACADEMY, INC. (hereafter referred to as "AGENCY") an accredited not -for -profit educational institution, having a principal address of 600 North Pine Island Road, Plantation, Florida 33324 located in Broward County, State of Florida, and City of Tamarac, (hereafter referred to as "CITY"), providing emergency medical services, whose principal address is 7525 NW 88t" Avenue, Tamarac, Florida 33321 located in the County of Broward, State of Florida. WHEREAS, the CITY agrees to collaborate in the education and training of students in the Emergency Medical Technician (EMT) Program and the Emergency Medical Paramedic Program (EMT-P) of the AGENCY. WHEREAS, the CITY acknowledges the value of this collaboration and agrees to provide optimum facilities, resources and expertise at their disposal for the comprehensive education of the student, and WHEREAS, this Agreement will benefit both parties by providing trained EMTs and Paramedics. NOW, THEREFORE, it is hereby agreed by the parties as follows: 1. RESPONSIBILITIES OF THE AGENCY: A. The AGENCY 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. The AGENCY shall accept administrative responsibility for the program and provide didactic and performance based instruction as required. C. The AGENCY shall ensure the quality of course content in accordance with existing accreditation standards. D. The AGENCY shall acknowledge and consult with proper CITY personnel for administrative matters. E. The AGENCY shall comply with existing operational policies and procedures of the CITY. F. The AGENCY shall require each student to secure Professional Liability Insurance coverage of $1,000,000.00/$3,000,000.00 and ensure each student has secured same. G. The AGENCY shall provide certification of each student's medical insurance. H. The AGENCY shall secure at its expense General Comprehensive Insurance including Bodily Injury Liability and Property Damage Liability, the limits of which must be acceptable to the CITY. The AGENCY's liability policy shall be endorsed to add the City of Tamarac as an additional insured. The AGENCY shall be responsible for compliance with the Agreement, including but not limited to responsibility to provide all of the AGENCY's allied health students and faculty with (a) information and training about the hazards associated with blood and or other potentially infectious materials, (b) information and training about the protective measures to be taken to minimize the risk of occupational exposure to bloodborne pathogens, (c) training in the appropriate actions to take in an emergency involving exposure to blood and other potentially infectious materials, and (d) information as to the reasons the student and faculty should participate in hepatitis B vaccination and post - exposure evaluation and follow-up. J. The AGENCY shall be responsible to provide training for faculty and students concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA). K. The AGENCY shall be responsible in accordance with the Agreement for verifying that AGENCY students and faculty are compliant with the Recommended Guidelines for Occupational Exposures to Infectious Diseases comparable to common EMS protocols for Broward County. 2 L. The AGENCY shall be responsible for the maintenance of all faculty and student records. The AGENCY confirms that all its allied health students (a) have had a Diphtheria Tetanus Toxide Booster within the last ten years; (b) can verify either immunity or lack of immunity to varicella, measles, mumps and rubella through a titer or documented positive history of chicken pox, measles, mumps and rubella; (c) undergo annual screening for tuberculosis. M. The AGENCY shall and does hereby agree to defend, indemnify, and hold harmless the CITY, its Administrators, elected officials, officers, agents and employees from any and all claims, demands, liabilities, damages, and expenses for illness or injuries to any persons (whether employees of the CITY, third parties or students, or representatives of the AGENCY) or damage to any property, caused directly or indirectly by the negligent acts of, or as a result of the performance of duties by the AGENCY, its officers, directors, agents, servants, or employees under this Agreement and hold same harmless against any and all claims, liability, loss, cost, damage or expense of any type or nature whatsoever, including reasonable attorneys fees and court costs, which may arise with regard to any activities associated with this Agreement. N. The AGENCY shall require each student to sign the CITY Hold Harmless Agreement before participating. (Attachment: Hold Harmless Agreement) O. The AGENCY shall require each student to sign the CITY Acknowledgement of Responsibility to Maintain Confidentiality of Medical Information before participating. (Attachment: Maintain Confidentiality of Medical Information) P. The AGENCY shall provide the CITY with thirty (30) days written notice prior to cancellation, revocation, and non - renewal or material change of any policy of insurance. Should the AGENCY fail to maintain any policy of insurance enumerated under this Agreement, after written notice of cancellation, revocation or renewal or material change to any existing policy, fail to replace same under like terms within seven (7) days, written notice demanding same by the CITY, said cancellation, revocation, non -renewal material change of any policy of insurance contained hereunder shall be deemed a material breach by the AGENCY, and the CITY shall have the right to terminate this Agreement at once. 3 2. RESPONSIBILITIES OF THE CITY: A. The CITY will provide information and training to the AGENCY's allied health students and faculty on any CITY of Tamarac Policies and Procedures related to the Agreement. B. The CITY will provide the clinical facilities necessary for the students to obtain experience with patients representing a broad range of out -of -hospital medical care problems. C. The CITY will provide students with opportunities for observations and participation in patient evaluation, treatment and transportation in the out -of -hospital environment. D. The CITY will provide clinical supervision of students and complete student evaluation forms. E. The CITY will communicate pertinent information related to the student clinical performance to the AGENCY. F. The CITY shall be responsible for providing the AGENCY's allied health students and faculty with personal protective equipment, which is necessary to comply with the Agreement. 3, This Agreement will be in effect for three (3) years from the date of execution by all parties. However, either party may terminate this Agreement upon thirty (30) day written notice, with or without cause, unless otherwise specified in section 1 P. 4. This document incorporates and includes all prior negotiations, agreements or 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, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal propriety herewith. 4 IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on the dates indicated, the latter of which shall be controlling. EMERGENCY MEDICAL SCIENCES ACADEMY, INC BY: _ Z�-&., ��.e.�. (Name/Title) DATE: - - STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared , who being first duly sworn deposes and says on oath that he/she has read the foregoing Agreement, subscribed to by him/her, and that the matters therein contained are true and correct to the best of his/her knowledge and belief. SWORN TO AND SUBSCRIBED before me this � day of.C`L��T1� 2008. N6TARY PUBLIC, STATE OF FLORIDA Personally known or produced Identification My Commission Expires: �, ,tt ,• �,,, CBELLi :+ Notary Public - State of Florida =' M r_tdy Commission Expires May 25, 2010 Commission # DD 513509 Banded by National Notary Assn. C TY OF TAMARAC, FLORIDA ATTEST: BY: 7114, r, 4e�, , JEF E L. MILLER, MARION SWENSON, CMC CITY MANAGER CITY CLERK / DATE: zh D'f DATE: /Zr �O © r APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _X SAMUEL S GOREN CITY ATTORNEY DATE: Z /cn " ", . 4PPY ...... ELIZ;BE i}1 1AGGEsELLI `1 R Notary Public - State of Florida _My Commission Expires May 25, 2010 "' Commission # DD 513509 Bonded by National Notary Assn, (type)