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Agenda 04/25/2017 Item #16E204/25/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute an Agreement with Hodges University allowing Hodges Paramedic students to obtain State-required field internship experience and training under the appropriate supervision of the Collier County Emergency Medical Services Department. OBJECTIVE: To allow Hodges Paramedic students to participate in skill training and field internship experiences under the appropriate supervision of the Collier County Emergency Medical Services Department. CONSIDERATIONS: Hodges University desires to augment their curriculum by providing skill training/field experiences for its students through the association of the activities and practices of the Collier County Emergency Medical Services Department. Collier County Emergency Medical Services Department has the ability to assist Hodges University in providing opportunities for students to observe and perform appropriate Emergency Medical Technician and/or Paramedic skills under supervision during classroom and field experiences to benefit the community by and through the enhanced education of its students. Hodges University students will be directly supervised by Collier County Emergency Medical Services personnel during field experiences and training. Students are not considered interns or volunteers and will complete required background screening through Collier County Facilities Management Division. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve the Agreement with Hodges University, allowing Hodges st udents to obtain State-required field internship experience and training under the appropriate supervision of the Collier County Emergency Medical Services Department and authorize the Chairman to execute the Agreement. Prepared By: Tabatha Butcher, Chief, Collier County EMS ATTACHMENT(S) 1. Hodges Agreement CAO stamped (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2 Doc ID: 3011 Item Summary: Recommendation to approve and authorize the Chairman to execute an Agreement with Hodges University allowing Hodges Paramedic students to obtain State-required field internship experience and training under the appropriate supervision of the Collier County Emergency Medical Services Department. Meeting Date: 04/25/2017 Prepared by: Title: Supervisor - Accounting – Administrative Services Department Name: Artie Bay 04/04/2017 2:29 PM Submitted by: Title: Department Head - Administrative Svc – Administrative Services Department Name: Len Price 04/04/2017 2:29 PM Approved By: Review: Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/04/2017 4:26 PM Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 04/05/2017 1:05 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 04/11/2017 4:30 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/12/2017 8:20 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/12/2017 9:03 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 04/12/2017 9:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:31 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2017 8:58 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE HODGES UNIVERSITY AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT entered into this April 11, 2017, by and between Hodges University, 2655 Northbrooke Drive Naples, Florida 34119 (College) and the Collier County Board of County Commissioners, on behalf of the Collier County Emergency Medical Services Department (CCEMS). WITNESSETH: WHEREAS, Hodges University provides Emergency Medical Services Technology Programs as a part of it curriculum for its enrolled students; and WHEREAS, Hodges University desires to augment said programs by providing skill training/field experiences for its students through the association of certain of its student with the activities and practices of the Collier County Emergency Medical Services Department, and WHEREAS, Collier County Emergency Medical Services Department has the ability to assist Hodges University in said Program endeavors, including providing opportunities for students to observe and perform appropriate Emergency Medical Technician and/ or Paramedic skills under supervision during field and classroom experiences; and WHEREAS, the objective of the herein described relationship of the parties is to benefit the community by and through the enhance education of its students. NOW, THEREFORE, based on the premises and the mutual covenants, conditions and considerations hereafter expressed, the parties agree as follows: SECTION ONE: Term This Agreement shall become effective upon approval by the Board of County Commissioners and shall remain in effect for one year. The Agreement shall be reviewed and may be re -negotiated and may be renewed for three (3) additional one year terms. This Agreement may be amended only by written agreement of the parties executed with the same formalities as herein expressed. SECTION TWO: Instruction and Curriculum a. The COUNTY rules and regulations shall be followed by all students and faculty of COLLEGE when they are receiving training and education provided by the terms of this agreement. All COLLEGE students shall be required to wear identification mandated by both COLLEGE and the COUNTY in accordance with the policies of the COUNTY and COLLEGE. b. The COUNTY shall not substitute students of COLLEGE for paid COUNTY staff for any purpose, function or task while the students are participating in any activity that is covered by this Agreement. No student shall be considered to be an employee of the COUNTY during the clinical courses. CAO [17 -EMS -00768/1325784/1 ] Page 1 of 7 c. Prior to participating in any of the COUNTY programs pursuant to this Agreement, all students must have completed training on compliance with the confidentiality and privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA). COLLEGE is required to provide documentation of this training for each student prior to the student participating in any COUNTY program. SECTION THREE: Compliance with HIPAA. COLLEGE and its agents, students, faculty, representatives and employees agree to keep strictly confidential and hold in trust all confidential information of the COUNTY and its patients and not disclose or reveal any confidential information to any third party without the express prior written consent of the COUNTY. COLLEGE will train all students related to current HIPAA compliance prior to enrollment in any program pursuant to this Agreement. COLLEGE agrees to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320 through d-8 ("HIPAA"), and the requirements of any regulations promulgated thereunder, including, without limitation, the federal privacy regulations as contained in 45 C.F.R. Part 164, and the federal security standards as contained in 45 C.F.R. Part i42 (collectively, the "Regulations"). COUNTY shall not use or further disclose any protected health information, as defined in 45 C.F.R. 164.504, or individually identifiable health information, as defined in 42 U.S.C. § 1320d (collectively, the Protected Health Information"), other than as permitted by this Agreement and the requirements of HIPAA or the Regulations. COLLEGE will implement appropriate safeguards to prevent the use of disclosure of Protected Health Information other than as contemplated by this Agreement. SECTION FOUR: Obligation of Hodges University Hodges University and/or its Emergency Medical Services Technology Programs shall: 1. Provide current copies of the Program's objectives, curricula, and course objectives, and field experiences objectives to the Collier County Emergency Medical Services Department. 2. Provide a schedule of students' related courses/activities to the appropriate personnel of the Collier County Emergency Medical Services Department. Schedules will include names and identification numbers of students, dates and times of student association/experience(s) with Collier County Emergency Medical Services Department and its personnel. The determination of the number of students to be assigned to the COUNTY and their scheduled placement shall be at the sole discretion of the COUNTY and shall not be altered by the COLLEGE or the student. 3. The College participates in a program of shared risk management created by the Florida College System Risk Management consortium (FCSRMC). The College provides professional liability insurance coverage for students participating in externship activities in the amount of $2 million per claim/$5 million aggregate. 4. It is understood between the parties that those students participating in this program shall not be deemed to be employees, servants, agents, or volunteers of the Collier County Emergency Medical Services Department or the Collier County Board of Commissioners and that the Collier County Emergency Medical Services Department and the Collier County Board of C9® [17 -EMS -00768/1325784/1] Page 2 of 7 Commissioners shall not be liable for injury to a participant under Ch. 440, Florida Statutes, Florida's Workers' Compensation law. 5. Neither the Collier County Emergency Medical Services Department, the Collier County Board of Commissioners, nor their employees, or agents shall be responsible for the compliance of participants with State or Federally mandated occupational safety laws. Hodges University shall ensure and document if appropriate that students and interns maintain compliance. 6. All students must complete background screening through Collier County Facilities Management Department at students' expense in compliance with Ordinance No. 04-52, as amended. The COUNTY will only allow students who have passed the screening to participate in the program. SECTION FIVE: Obligations of Collier County Emergency Medical Services Department The Collier County Emergency Medical Services Department shall: 1. Provide opportunities for those qualified students of Hodges University to observe and perform appropriate Emergency Medical Technician and / or Paramedic skills during field experiences with department personnel. 2. Provide for direct supervision of the student interns while in association with the Department and during field experiences, observation and training. SECTION SIX: Mutual Responsibilities and Goals. The Parties shall: 1. Communication. Communicate and act cooperatively through meetings and operational plans to plan and evaluate the field experience segment of the Emergency Medical Services Technology Programs and assist each other within the limits of their respective professional abilities to ensure a successful field experience program for qualified students. Students will be evaluated by Collier County preceptors on evaluation forms furnished by Hodges University. 2. Resolution. Utilize established lines of authority and communication in effectuating this Agreement or addressing/solving problems which may arise in the implementation of this Agreement. 3. No compensation. Each party shall perform the duties and responsibilities specified in this Agreement without compensation. Participating students shall be treated by the COUNTY as trainees and shall have no expectation of receiving compensation or future employment from either party. Students shall pay for their own meal and expenses, if any, while participating in the program. 4. Participant's Medical Care. COLLEGE and/or the students participating in the program shall be responsible for arranging for the student's medical care and/or treatment, if necessary, [17 -EMS -00768/1325784/1] Page 3 of 7 CAO including transportation in the event of illness or injury while participating in the program provided at the COUNTY'S premises. In no event shall the COUNTY be financially or otherwise responsible for said medical care and treatment. 5. Emergency Health Care Services. The COUNTY shall provide immediate emergency health care services to students participating in the program in the event of accidental injury or illness while on the COUNTY'S premises. At the time of providing such services, the COUNTY and emergency health care facility shall accept assignment of the affected individual's personal or student basic accident insurance policy. The COUNTY shall not be responsible for costs involved in the provision of such services, the follow-up care, or hospitalization. 6. Professional Liability Insurance. The COLLEGE shall furnish to COUNTY, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outline below: A. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. B. Professional Liability Insurance in an amount not less than $1,000,000. If the COLLEGE changes its name, the COUNTY must be notified immediately and a new Agreement must be entered into under the new name. A Certificate of Insurance must be resubmitted with the current name of the COLLEGE. When the COUNTY is notified of such a change, the student rider program will be suspended until a new agreement is signed and new certificates of insurance are approved by Collier County Department of Risk Management. SECTION SEVEN: Termination 1. At any time, Collier County Emergency Medical Services staff may refuse any Hodges University student(s) from participating in the Program including but not limited to: performing observation, ambulance ride time or practice. 2. Either party may terminate this Agreement upon ten (10) days written notice. SECTION EIGHT: Government Regulations To the extent applicable, the parties agree that they will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. CAO [17 -EMS -00768/1325784/1] Page 4 of 7 3. Title IX of the Education Amendments of the 1972, as amended, 20 U.S.C. 1681 et. seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981 , P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. Executive Order 11246 of September 24, 1965 as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor, which prohibit discrimination in government employment on the basis of race, creed, color, or national origin. 7. The Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 219 et seq., covering rehabilitation measures for Vietnam Veterans. 8. The Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendment Act, which prohibits discrimination on the basis of disability and/or perceived disability. 9. Chapter 760, Florida Statutes, which prohibits discrimination on the basis race, color, religion, sex, national origin, age handicap, or marital status. 10. Title 45 C. F. R. 160.103, Health Insurance Portability and Accountability Act which governs privacy regulations associated with medical information. 11. All regulations, guidelines, and standards which are now or may be lawfully adopted under the above statutes, as well as any other federal, state, or local rules, regulations and ordinances. SECTION NINE: Equal Opportunity Hodges University is committed to providing an educational and working environment free from discrimination and harassment. All programs, activities, employment and facilities of Hodges University are available to all on a non-discriminatory basis, without regard to race, sex, age, color, religion, national origin, ethnicity, disability, sexual orientation, marital status, genetic information or veteran's status. The University is an equal access/equal opportunity institution. Questions pertaining to educational equity, equal access, or equal opportunity should be addressed to College Equity Officer, Office of Human Resources, 8099 College Parkway, Fort Myers, FL 33919, (239) 489-9293. [17 -EMS -00768/1325784/1] Page 5 of 7 CSO SECTION TEN: Indemnification To the maximum extent permitted by Florida law, the COLLEGE shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the COLLEGE or anyone employed or utilized by the COLLEGE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. SECTION ELEVEN: PUBLIC RECORDS COMPLIANCE IF THE CONTRACTOR/COLLEGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT Brandon Sancho C/O Collier County Communication and Customer Relations Division 3299 Tamiami Trail East, 1St Floor Naples, FL 34112 239/252-8069 brandonsanchogcollier og v.net The CONTRACTOR/COLLEGE is required to comply with the public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. 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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public [17 -EMS -00768/1325784/1] Page 6 of 7 90 records, in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, this day of , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legality: C*leen M. Greene Assistant County Attorney WITNESS: Name and Title WITNESS: Name and Title Penny Taylor, Chair Hodges University mm Name & Title (17 -EMS -00768/1325784/1 ] Page 7 of 7 AO