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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. 1 1 1 1 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. 3 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. a 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 Gerber M Commission Expires: My Coryl wide on DD Y p tviy Commission DD520060 N'i Expires 05108/2010 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