HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-060TR #11376
April 30, 2008
Revision #1 May 5, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008- 60
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
BARRY UNIVERSITY, INC. (UNIVERSITY) TO ALLOW
EMERGENCY MEDICAL SERVICES (EMS) STUDENTS AN
OPPORTUNITY TO RECEIVE EDUCATION AND
TRAINING FROM TAMARAC FIRE RESCUE PERSONNEL
IN AN EMS STUDENT PRECEPTORSHIP PROGRAM FOR
A THREE-YEAR PERIOD; 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, Barry University, Inc. (UNIVERSITY) 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, Barry University, Inc. (UNIVERSITY) has provided the City of
Tamarac with an Affiliation Agreement, attached hereto as Exhibit "A"; and
WHEREAS, Barry University, Inc. (UNIVERSITY) riders will provide the
City of Tamarac with a Hold Harmless Agreement prior to assignment, attached
hereto as Exhibit "B"; and
TR #11376
April 30, 2008
Revision #1 May 5, 2008
Page 2
WHEREAS, the Agreement also enables the City to have our own
personnel attending school to ride on our rescue vehicles; and
WHEREAS, it is the recommendation of the Fire Chief that the City
Commission of the City of Tamarac, Florida approve this Agreement; 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 Barry University, Inc. (UNIVERSITY) 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.
SECTION 2: That the Commission authorizes the City Manager or
designee to execute the Agreement for Emergency Medical Services Internship
Program between Barry University, Inc. and the City of Tamarac (attached hereto
as Exhibit A")
SECTION 3: 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.
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TR #11376
April 30, 2008
Revision #1 May 5, 2008
Page 3
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of , 2008.
ATTEST:
MA ION SWENSON, CMC
CITY.CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
Tc ,,$ MUEL S. GOREN
CITY ATTORNEY
, " vzmrxi '. we, I V o j
0 11 RPREJE, �,_
"Rel elo
M4
BETH -. •
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABI "'CO�
DIST 1: COMM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER L/,//
TR 11376 EXHIBIT A
BARRY UNIVERSITY, INC.
CITY OF TAMARAC
AGREEMENT FOR
EMERGENCY MEDICAL SERVICES
INTERNSHIP PROGRAM
This is an Agreement between Barry University, Inc. (hereafter referred to as
"University") an accredited not -for -profit educational institution, having a principal
address of 11300 N.E. 2°d Avenue, Miami Shores, Florida 33161 located in Miami -Dade
County, State of Florida and the City of Tamarac, (hereafter referred to as "City"),
providing emergency medical services, whose principal address is 7525 NW S$t� 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 (EM"T-P) (collectively referred to as "Programs") of the
University.
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. R.ESPONSIBILITIES OF THE UNIVERSITY:
A. The University 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 University shall accept administrative responsibility for the Programs
and provide didactic and performance based instruction as required.
C. The University shall ensure the quality of course content in accordance with
existing accreditation standards.
D. The University shall acknowledge and consult with proper City personnel
for administrative matters.
E. The University shall comply with existing operational policies and
procedures of the City.
F. The University shall require each student to secure Professional Liability
Insurance coverage of one million dollars ($1,000,000.00) and three million
dollars ($3,000,000.00) and ensure each student has secured same.
G. The University shall provide certification of each student's medical
insurance.
H. The University 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.
1. The University shall be responsible for compliance with the Agreement,
including but not limited to responsibility to provide all of the University'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 bloodbom 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 University shall be responsible to provide training for faculty and
students concerning the Health Insurance Portability and Accountability Act
of 1996 ("HIPAA").
K. The University shall be responsible in accordance with the Agreement for
verifying that University students and faculty are compliant with the
Recommended Guidelines for Occupational Exposures to Infectious
Diseases comparable to common EMS protocols for Broward County.
L. The University shall be responsible for the maintenance of all faculty and
student records. The University 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 University 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 University) or
damage to any property, caused by the negligent acts of, or as a result of the
performance of duties by the University, 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
K
Agreement. The University is not agreeing to indemnify or hold harmless
the City or its Administrators, elected officials, officers, agents and.
employees for their own negligence.
N. The Iniversity shall require each student to sign the City Hold Harmless
Agreement before participating. (Attachment: Hold Harmless Agreement)
O. The University 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 University 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 University 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 University, and the City shall have
the right to terminate this Agreement at once.
2. RESPONSIBILITIES OF THE CITY:
A. The City will provide information and training to the University'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 University.
F. The City shall be responsible for providing the University's allied health
students and faculty with personal protective equipment, which is necessary
to comply with the Agreement.
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G. City shall self -insure, pursuant to § 768.28, Fla. Stat. (2007), for its liability
for tort claims associated with the acts or omissions of its agents and
employees, and will, to the extent of the amount of the limit of tort liability
specified under § 768.28, Fla. Stat. (2007), indemnify University, for, and
defend it against, tort liabilities sought to be imposed upon. University solely
as a result of the actual or alleged liability for the acts or omissions of City,
or its employees or agents acting within the scope of their duties for City.
The duty to defend may be satisfied by providing a defense in kind, or, at
City's option, by paying the reasonable attorney's fees and expenses of
litigation, and that duty and the duty to indemnify shall terminate and be
discharged by the settlement of such claim, or satisfaction of any judgment
arising from any such claim, in whole or in part, provided, however, that
nothing in this Section requires payment by City in excess of the amount of
City's statutorily -limited tort liability under § 768.28, Fla. Stat. (2007).
Nothing in this Agreement shall be deemed to require indemnification by
City of any party for an amount greater than the limitation of liability for
tort claims under § 768.28, Fla. Stat. (2007), or otherwise operate to increase
City's limitations of liability for tort claims under § 768.28, Fla. Stat. (2007),
or waive any immunity under applicable law, or to create liability or
responsibility on the part of City for the acts or omissions of any party other
than itself, its agents, and its employees.
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
l P, provided, however, that all students currently enrolled in the Programs at the
City at the time of notice of termination shall be given the opportunity to
complete their rotation at the City, such completion not to exceed six (6) months.
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.
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In witness whereof, the parties have hereunto executed this Agreement on the
dates indicated, the latter of which shall be controlling.
BARRY UNIVERSITY, INC.
BY:.
TIMOTHY C RNIEC
SR. V.P. FOR BUSINESS &
FINANCE
DATE:
STATE OF FLORIDA)
COUNTY OF DADE )
z-. - (Z" (' `T
BEFORE ME, the undersigned authority, personally appeared 17."'.'.7-k #-
who being first duly sworn deposes and says on oath thaLi0she has read ffie 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 l,-- day of - , 2007.
J
NOTARY PUBLIC, STATE F FLORIDA
Personally known 4"-<r produced Identificatio ,-x� e)
.1 Notary Public State of Florida
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CITY OF TAMARAC, FLORIDA
ATTEST:
BY.
JEFF _.. L. MILLER,
MARION SWENSON, CMC CITY MANAGER
CITY CLERK
DATE: 7Z 3' <3V€1 r#J DATE: / D P
APPROVED AS TO FORM AND
LEGAI SUFFICIENCY:
,a SAMIVEL GOREN
1 CITY ATTORNEY
DATE: �3113) Ds