Agenda 10/10/2017 Item #16E310/10/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a revised Agreement with
Hodges University to allow Hodges Emergency Medical Technician (EMT) and Paramedic students
to obtain State-required field internship experience and training under the appropriate supervision
of the Collier County Emergency Medical Services Division; this Agreement was previously
approved by the Board on April 25, 2017 and Hodges subsequently requested additional edits to the
Agreement.
OBJECTIVE: To allow Hodges EMT and Paramedic students to participate in skill training and field
internship experiences under the appropriate supervision of the Collier County Emergency Medical
Services Department and to terminate an outdated agreement with Hodges.
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 Division.
Collier County Emergency Medical Services Division can 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 Department.
The Board previously approved this Agreement on April 25, 2017, however it was never executed as
Hodges requested additional edits to the Agreement. The County’s required standard terms remain in the
Agreement. The edits primarily concern program issues which include:
Hodges to provide a copy of a course roster listing only students’ names or other identifying
information as permitted by the Family Educational Rights and Privacy Act to the appropriate
personnel of Collier County Emergency Medical Services Division. This changes the
requirement to provide the student identification number.
Maintain insurance levels COLLEGE has deemed appropriate in its sole discretion due to its size,
educational programs and circumstances. COLLEGE provides professional liability insurance
coverage for students participating in externship activities in the amount of $1 million per clai m
and $3 million in aggregate.
The Risk Management Department approved this request.
Staff has reviewed and recommends that the Board approves the edits proposed by Hodges.
FISCAL IMPACT: There are no fiscal impacts.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. - CMG
10/10/2017
RECOMMENDATION: To approve the revised Agreement with Hodges University previously
approved by the Board on April 25, 2017, allowing Hodges students to obtain State -required field
internship experience and training under the appropriate supervision of the Collier County Emergency
Medical Services Division and authorize the Chairman to execute the Agreement.
Prepared By: Tabatha Butcher, Chief, Collier County EMS
ATTACHMENT(S)
1. Hodges University Ride Agreement 7-2017 (PDF)
2. Hodges Agreement 4-25-17 (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3
Doc ID: 3759
Item Summary: Recommendation to approve and authorize the Chairman to execute a revised
Agreement with Hodges University to allow Hodges Emergency Medical Technician (EMT) and
Paramedic students to obtain State-required field internship experience and training under the appropriate
supervision of the Collier County Emergency Medical Services Division; this Agreement was previously
approved by the Board on April 25, 2017 and Hodges subsequently requested additional edits to the
Agreement.
Meeting Date: 10/10/2017
Prepared by:
Title: Supervisor - Accounting – Emergency Medical Services
Name: Artie Bay
09/07/2017 10:44 AM
Submitted by:
Title: Division Director - EMS Operations – Emergency Medical Services
Name: Tabatha Butcher
09/07/2017 10:44 AM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 09/25/2017 2:01 PM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 09/26/2017 2:44 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/27/2017 8:08 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/28/2017 11:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2017 1:07 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 3:01 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 09/28/2017 3:04 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 4:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
AGREEMENT FOR FIELI) INTERNSHIP EXPERIENCE
IIODOES UNIVER$ITY AT{D
THIi COLLIIR COUNT}' BO.{RD OF COUNTY COMMISSIONERS
'fllls AGREEMENT entered into this July 6, 2017, by and between Hodges University,
2655 No*hbrr:oke Drive Naples, Flnriila 341l9 1;CClmCE") and rhe Collier founty Board ofCounty Commissroners on behalf of the Collier County Emergency Medical Servieesflepartmenf ("CCE MS").
\A ITNESSETH;
WHEREAS'-.f{odges University provides Emergency Medical Services I'echnology
Programs as a pafi of it curriculum f'r its enrolled smrlents] and
WIIHREAS, I'lodges University clesires to augmenr said programs by providing skilltrainingilield experienccs fetr its studcnts through the asiociation of certairi of its student with theactivities ar:d practices of the Collier County Emergency Medical Serwices Department, and
Wf{EREAS' Collier County Emergency McrJical Scrvices Department has the ability roassist Hodgss Universjty in said Program encleavors, including pioviding opportunities firrstudents to tjbstrve and perfonn appropriate Emergency Medical Technician"ondl o, paramedic
skills under supervision during field and classroom experiences; arret
W}IIREAS" the objective r:f the herein described relationship of the parlies is lo benefitthe commurrity by and through the enhance education of its students.
Now, THEREFORE. based on the premises and the mutual covenants, conditions andronsiderations hereafter expressed, the parties agree &s follnws:
SECTTON OllE: Tern:
'fhis Agreement shall becr:me effective upon approval by the Board of Counryclottrmissioners ("CoUllTY") and shall remain in effect fur"one year. 'fhe Agreement shall berer''iewed and nral' hc rc-negc'rtiated and may be renewecl fbr three j:; ,,loitioni'l on* year terms.Tliis Agreerxfnt Inay be amended only by rvritten agreement or ine parties ex4.cutecl with thesame furmalities as llerein expressed.
$ICTiON IWO: Instruction and Curriculum
a' The COUN'rY rulus and regulations shall be followed by all smdenrs anti fbculty ofCoLLH'$r when they are receiving training and education provided by rhe terms of rhisagreement' All COLLE$E students shall be required to wser ielentification mandated by bothCOLLrCE and the COUNTY in accordance with the policies of the COLI}{TY and COLLECE.
b. The CouI'irY shall nr:t substitute students of COLLEGE for paid CoUNTy staff forany purpose, fbnction crr task while the stuclents are pafiicipating in anf activity inat is covered
[1 7-EM5-00768/1 33 1 filt 1l Page { of 7
56?575'r 71&QA17A52624.1 6t?t2017
@
by this Agreentcnl' No student shall be c0nsidered to be an employee of the cot,rNTy duringthe clinical courses.
. c' Ilrior to participating in any of the coUNTY programs pursuant to this Agreemenr, allstudcnts must have cr:mpleted training on complian.r riitt", the confidentiality and privacypravisions r:f the Health lnsurance tlo*auitity ,nd Ar.uuntability nct Hrpant" coLLECfr isrequired to provide dtlcumentation of this training for each srudent prior to the stuclentparticiparing in ar:y COUNTy program.
SICI'ION THREE: Compliance wirh HITAA. C0LLEGE and its egents, srudents, faculty,representatives and employees agree to kcep strictly confidential ancl hold in trust all confirientialinformation of the couNTY and its patients ind not disclose or reveal any copfidentialtnfbn-riatiein to any third party wirhout the express prior- written consen( of the couNTy.Col'l'ncE will train all stuclerlts related to current HIPAA compliance prior to enrolSnent in anyprosram pursurnt to tltis Agreement' COLLTGE agr$Lls to .<r,nply with the applicable provisionittf the Adnrinistrative Simplification section of the I"lealtlr losu.anc" por-tability andAccountability Act of lgg6, as cociifiecl at 42 u.S.c. $ 1320 rhrough d-g (..HIPAA,,), and therequirements of any regulations promulgatecl thereun,Jer. inclucling, without limiration, thefcdsral privacy regulations as contained in 45 c.r.R. Part 164, and the federal securitystaudargsas contatned in 45 C.F.R. Part i42 (collectively, the "Regulations"). CoUNTf *null nu, use orli:rther elisclose any protectecl health informatio,r, ui defined in 45 c.F.R. 16i1.504, orindividually identitlable health infbrmation, as elefined in 42 U.S,C. g 1320d (collectively, theProtected [lealth Infonaation"), other than as permittecl by this Agreernent and the requirement.sof IIIPAA or the Regulations. coLLEGr q,iil irnplem# uppropri*t* safeguards to prevent theuse of'elisclosure of Protected Health Infomration oiher than as conternplatecl by tiris Agreeinent.
$HC"l"lOX fOUR: Obligations of Hoclges University
Hodges lJniversity ancfor its Hnrergency Medical services Technology programs shall:
I' Provide cuffent copies of the Program's objectives, curricula, ancl course objectives, *nt1field experiences objectives to the collier counry g*.rg.;ty Medical services Department.
2' Provide a copy of a course ruster listing only students' names r:r other iclentifyinginfr:nnatinn as pennitted by the Farnily Educarioiat Rights and privacy Acr to rhe appropriareprrsonnei $f Collier County Emergency Meclical ScrvicJs Department. The determination of thenumber r:f students to be assig.ned io the couNTY ano ttreir icheduled placement shall be at thesole discrgtion of the CoUNTY and shall not be alterecl by the COLLEGE, or the studenr.
3' Maintain insurance levcls COLLEGE has deemsd appropriate irr its solc cliscretion due toits size' educational programs anc! circumstance$. COLLECE provides professional liabilityinsurance coverage rorstudents participating in externship activities in the amount0f $l million
;;rer elaim anti $3 million in aggregate.
4' lt is rrndsrstooci between the parties that those students pafiiciparing in this program shallnot be deetned to be emplOy**s, o*ruarrts, &gents, or volunteers of the colller county EmergencyMedical Services Department or the CollierlCounty Board of Commissiorrers and th0r the Collier
[1 7-EMS-0076811 33 1 1 02t 1)Page 2 of 7
56tS75.1 7 tbt2a17 352524 1 8t2/2A17
County lmergency Medical Services l)eparlment antl the Collier County Board nf
Commisstoners shall nol bs liabls for injury to a participant uncler Ch. 440, Floiida Statutes.
Floricla's Workers' Compensation larv.
6. All srudents trlrsl complete background screening through Collicr County Facilities
Managemetlt Departlnent at students' expense in compliince with Orclinance No. 04-52, as
amenclecl' "l'he COUNTY will only allorv students rvho have passeri ths screening to participate
in the prugram.
$nCTIQN fIYE: Obligations of Collier C:ounty Errrergency Medical Services Departmeni
The clnllier counry Hmereency Meclical services Department shall:
1. Provide opporrunities for those qualified students of Hodges University to cbserve andperform appropriate Etttergency Medical Technician ancl I or paramedic skills during field
experierces witlr departrnent pcrsonnel.
2, Provide ftrr riirect superuision r:f the studenr inrems rvhile in association rvirh the
Departn:ent and during field experiences, observation and trainins.
$ECTIOIJ SiX: Mufual llesponsibiiities and Goals.
I'he Partigs shall:
l' Con:ruunication" Communicate and act cooperatively through nreetings ancl eiperationalplans to plan and evaluate the field experience ss$nent oi tt. Emergerrcy Meclical ServicesTechrlology Programs and assist each other within the limits of their*respecti'e professional
abilities to ensure a successtul field experience program for qualified students. Students will treevaluatcil by Collier County preoeplclrs on evaluatioir furms furnishecl by Hoclges Univer:sity.
2. Resolutior:. Utilize establishect lines
Agreement or addrcssinglsolving problems
Agreement.
of authority and cornmunication in effectuating this
which nray arise in the impleurentation of this
i No conrpensation' Each party shall perform the cluties and responsibilities specified inthis Agreernent without compensation. Farticipating srudents shall be ireated try the COUN'fy
0s trainees and shall have no expectation of receiving compensation or furure employment fromeither party. Students shall pay for their orvn meal and expenses, if any, while participating in
the progranr.
4 Participant's Medical Care. COILEGE, COUNTY an#or tlie students participating in
the progran: shall be responsible for arranging tbr rhc student's meelical care an,yu, treoffnent, ifnecassary, including transportation in rhc event of illness or injury while pafiicipating in ineprogralll provided at the COLINTY'S premises. In no event shall tlre COUNI'y or theCOLl.,EfiE bc financially or otherr.r,ise responsible for said niedical care antJ treatment,
[1 7-8MS,00768/1 33.t 1 AZt 1)Page 3 of 7
56257 5. 1 7 t6t2}17 *52524. 1 8t2t2} fi
@
5.Emergency Health Care Servic$s. The COLNTY shall pn:vitle immetliate emergency
,--]w. ,..J *r J vrillness while on the COUNTY'S premis.r. At the time Jf providing such sen,ices, the CoUNTyand cmergency health :--j:}!l,ly shall accept assignment of the iffsctett individual,s personalinsurance policy. The COUNTY and COLLEGE rli*ll oor be responsible for costs involvecl inthe provision of such services, the fullow-up care, or hospitalization.
6. Prolbssionar Liability rnsurance. The coLLEoE shall
certificate(s) of insurance which indicate that insurance coverage has
rhe requirements as outline bclow:
furnish r$ COtNTy,
been obtained which meers
A. corrrmercial ceneral Liability Insurance on a comprehensive basis innot less than 1il,000,000 combined single limit per o.Luo*r*. for borlilyproperry diimage. collier county Board of county commissioners
shorvn as an additional insured with respect to this .or..ug..
B. Prcfessional Liability Insurance in an anrounr not less than $1,000,000.
Insurnnce must be resubmitted with the current name of the CoLLECE. when theCoUNTY is notified of such a change, the student rider prograrn will be suspenrierl
lnt]l u new agreement is signed and new csrtificates of lnsura,rce are approverl byCollier Cor:nry Deparrment of Risk Management,
If rhe coLLH$tr changes its name, the couNTy rnust be notified irnmedidrrEs) rr$ rarre' me LUUN l y must be notitied irnmediately anda new Agreement must be entered into under the new narne. A Certificate nfificate of
an amount
injury and
must be
staff may refuse any Hodges
but not lirnited to: periorming
et seq., which
programs and
SEC fl0N SIIVEI\I: Terminarion
I At arry tirne, collier cou,ty Emergency Medicar servicesu,iversity shrdent(s) from participating in the i,.ogra,r., including
observation, ambulance ride tirne or practice.
2' Either party may tenuinate this Agreernent upon ten ( l0) days written notice.
SECTIA]I1 IrICH l: Coverrunenr Regulations
To the e,y.tent applicable, trre parties agree that they will comply with:
l. f irle VI r:f the Civil Rights Act of
prohitrits discrimination on ths basis
[964, as amended, 42 U.S.C. 2000d
activitiss receiving or benefiting from
of race, color, or national origin in
federal fi nancial assistance.
7' section 504 of the Rehabilitation Act of 197J, as amended, 29 U.S.C. 794, whichprohibits discrirnination on the basis of handicap in programs and activities receiving orbenefiting fi.om federal financiaI essistance.
[1 7-EM3-00768/1 331 102t 11 Page 4 of 7
56?575. 1 7 tEt2A1 7 5$2524.a swza ",7
3' 'l"itie lX of the Education Amcndmei:ts of the Ig72, as amendeti,20 U.S.C. l6gl et. seq.,rvhich prohibits discrimination on the basis of sex in educatio, p.ogru,rr* and activitiesreceiving or benefiting fron: federal firranciar assistance"
4. Tlre Age Discrimination Act of 1g75, as amended,42 u.s.c,610l ct seq., whichprohibits discrinrination on rhe basis of age in programs or activitres receiving orhenefiting from federal fir:ancial assistance,
5' Thc Omnibus Budget Reconciliation Acr of lggl , p.L. 97-3s, whieh pn:hibitsrliscrimination on the hasis of sex an<I religion in programs and aetivities rccciving orberrefiting fronr f"ederal financial assistance.
6' lxecutive ordsr l-l?46 of Septerntr er 24,1965 as amended, and ol'the rules, regul*tions,and relevant ortlers of the Seeretnry of Labor, whieh prohibit discriniination ingovemlrenl entployrnent on the hasis of race, creed, eolor, or nationalorigin,
7 ' Tire Vietnam Era Veteran's Readiustment Assistance Act of lgi4, as amended, 3g U.S.C.llg et seq', covering rehabilitation rneasures for Vietnam veterans.
8' 'I'hc Arnericans with Disabilities Act of 1990 and the Americans with DisabilitiesAmcndmen' 1:1, which prohibits riiscriminatiou on thu basis of disability ancllorpcrceivctl disability.
9' ChaPter 760, Fli:ricla statutes, which prohibits discriminaticn on the basis race, color,religion' sex, national origin. age handicap, or maritar status.
10' "fitlc 45 c' F. lt' 160.103, I'lcalth Insurance Porrability antl Accnuntability Acr whichgoverns privacy regul*tions associated with medical infbrmation.
1 l ' AII regrrlations, guiclelines, ancl standards nhich are now or may be lawfully atloptecl
::.|,|||e^ :t'ove statutes, as well as any other federal, state. or local rules, regulations and()r0tnences.
SECTI0N NflitE; Equal Opporrunity
I"lodges Unil'ersity is committed to providing an educational and rvorking environment free fromtliscriminarion and harassment. Ali progr*ms, activities, employment ind &cilities of Hodgesuniversity are availahle to all on u no*discriminatr:ry fasis, *ithout regard to race, sex, &go,cttlor, religion. national origin' ethnicity, disability, sexual orientation. irarital sratus, geneticinlbnnation or veter&n's status. The university is an equal accessrequal opponunity institutiorr.Questions perlaining to educational equity,'equal *...*r, or equal opportunity shr:uld beaddressed to Director of Hutnan Resouices, e6js Nor"ttibrooke Drive, Naples, Fl*rida 34419,ll'elepl:one: 239-S l3-I I22.
i1 7-EMS-00768/1 33 1 1 Ozt 1)Page 5 of 7
362575, 1 7 t6t?A1 7 95?624. 1 AlznA 17
$ECT{ON TEli: Indcmnification
To the maxinlum extent.pemritted by Florida law, the COLLE(;ts shall indemnify and holdharmless Collier County, its officers and ernployees from any and all liabilities, damages. losresand costs, including, Lrut not lirnited to, reasonable artorneys' fecs and paralegals, fees, to theextent caused by the negligence, recklessness, 0r interitionally wro-ngful
-cofiduct of theC0LLEGT or anyone employed or utilizecl by the COLLEGE in the-perfurmance of thisAgreen:enl' This indenrnification obligarion shall not be construed to negaie, abr"idge or reduce
any 0ther rights or remedies which otherwise nray be available to an indeinified party or person
described in tlris paragraph. This section tJoes not pertain to eny incident arising from the solencgligence of Collier County. The lbregoing indemnification shall nnt constinlte a waiver of
sovereign inrmunity beyond the limits set forth in section T6g,2g, Florid* Statutes.
$ECTIolr.[,LEVENT TUBLIC RECORDS COMPLIANCI
Ir l'llr CONTIL\CTOIVCOLLEGI HAS QUESTIONS I{IGARDI].IC TI{f AppLICATIONOF CHAPTHR 119, FLORIDA STATUTES, TO THT CO}ITRACTOR'S DUTY TOPROVIDE PUBLIC RECORDS RELATING TO THIS CO},I?RACT, CONTACT THECTJSTONIAN OT PL]tsLIC RECORDS AT
Brandon sancho ClO Collier County Communication and Customer Relations Division
3299 Tamiami 'frail Easr, l,{Floi:r
IJaples, FL 341 lz
239i252-806e
brandonsancho@coll iergov. net
"l'o the extent required by Florida law, the COLLEGH is required ro comply with the publicrecords laws, specifically to:
I' Keep and ntaintain public records required by the public agsncy to perform the service.2' lJpon request frorn the public agency's custodian rlf publii records, provide the public agencywith a copy of the requested records or allow the records to be inspected or copied rvithin arcasonablc time at a cost that does not exceed the cost provided in ttris chapter or as otherwiseprovided by liiw,
3' Ensure that public recorcls that are exempt or confiriential and exempt from pubtic reci:rdsriisclosure requirements are not clisclosetl except as authorizecl by law ior the qluration of thecontract term and following cornpletion of the contraet if the contractor docs n't transfer therecords to rhe public agency.
4' Upon completion of the contract, tralslbr, at no cost, to the public agency all public records inpossession of the contractor or keep and maintain public re.or,i, requirid by the public agency toperfonn the service' If the contractor transfcrs all public records to th; puniic agency uponeompletion of ttre contract, the contractor shall desiroy any duplicate public records that areexelxpt or cr:nfidential and excmpt from public records disclosursrequirements. If the contractorkeeps and maintains public records upon completion of the contract, the contractor shall rneet allapplicable rcquirements ferr retaining public records. All records stored elecrronically must beprovided to the public agency, upon request from the public agency's custodian of public
[1 7-EMS-00768/1 331 fiZt 1]Page 6 of 7
502575 r 7t8/2A175525?4.1 6tA2D17
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
rseords, in a format that is oompatiblo with tho information technology $ystrms of the public
ageney.
To the extent applicable, a request to inspect or copy public rEcords relating to this conkcct must
be rnade directly tei the COUNW. If the COUNTY dnes not posse$s the reluested records, fhe
COUNTY shali irnmediately notify ths COLTEOE of the request, and the iOLLEGE must
provide the records to the COTINTY or allow the records to be inspecmd or copied within a
reasonable time.
IN WTTNESS WI{EREOF. the pnrties hereto have execurd rhis Agreemenq rhis
day of 2417.
ATTEST:
DWIGHT T. BROCK, CLERK
, Deputy Clerk
Approved as to for:r: and legality:
Colleen M. Greene
Assistant County Attorney
WITNESS:
Name and Title
WITNESS:
Name and Title
BOARD OF COLINTY COMMISSIONERS
COLLIER COUNTY, TLOzuDA
BY:
Penny Taylor, Chair
Exeeutive Vice President, Academic Affsirs
[1 7,EMS-0076811 331 1 0Al I Page 7 of 7
5625?$.1 7/6fi01?552i14.,t A/E12A17