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Agenda 04/22/2014 Item #16E5 4/22/2014 16.E.5. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute an Agreement with Edison State College and Medical Career Institute to provide EMS Department supervised skill training and internship experience to students enrolled in Emergency Medical Services Technology Programs. OBJECTIVE: To obtain Board approval for Agreements with Edison State College and Medical Career Institute, to allow Edison State College and Medical Career Institute students to participate in skill training and field internship experiences under the appropriate supervision of the Collier County Emergency Medical Services Department. CONSIDERATIONS: Edison State College and Medical Career Institute 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 Edison State College and Medical Career Institute in providing opportunities for students to observe and perform appropriate Emergency Medical Technician and/ or Paramedic skills under supervision during field experiences to benefit the community by and through the enhanced education of its students. Edison State College students will be directly supervised by Collier County Emergency Medical Services personnel during field experiences and training. Students are not considered interns or employees and this program carries no promise of future employment. Student participants will complete background screening through Collier County Facilities Management Department prior to beginning the program. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners approves the Agreements with Edison State College and Medical Career Institute, allowing Edison State College and Medical Career Institute students to obtain State-required field internship experience and training under the appropriate supervision of the Collier County Emergency Medical Services Department and authorizes the Chairman to execute the Agreement. Prepared By: Maria Franco, Administrative Assistant,EMS Attachments: Edison State College and Medical Career Institute Agreements for Field Internship Experi ence Packet Page-1152- 4/22/2014 16.E.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.5. Item Summary: Recommendation to authorize the Chairman to execute an Agreement with Edison State College and Medical Career Institute to provide EMS Department supervised skill training and internship experience to students enrolled in Emergency Medical Services Technology Programs. Meeting Date: 4/22/2014 Prepared By Name: FrancoMaria Title: Administrative Assistant,EMS Operations 4/10/2014 3:51:45 PM Approved By Name: KopkaWalter Title: Chief-Emergency Medical Services,EMS Operations Date: 4/10/2014 4:36:27 PM Name: SummersDan Title: Director-Bureau of Emergency Services,Bureau of Emergency Services Date: 4/10/2014 4:36:35 PM Name: pochopinpat Title: Administrative Assistant,Administrative Services Division Date: 4/10/2014 4:36:43 PM Name:PriceLen Title:Administrator-Administrative Services,Administrative Services Division Date: 4/10/2014 8:55:13 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 4/14/2014 8:11:40 AM Name: KlatzkowJeff Title: County Attorney, Packet Page-1153- 4/22/2014 16.E.5. Date: 4/14/2014 9:15:25 AM ,••■ Name:KimbleSherry Title: Management/Budget Analyst, Senior, Office of Manag Date: 4/14/2014 9:26:34 AM Name: OchsLeo Title: County Manager,County Managers Office Date: 4/14/2014 2:01:09 PM Packet Page-1154- 4/22/2014 16.E.5. AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE By and Between EDISON STATE COLLEGE AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT entered into this of April 2014, by and between District Board of Trustees Edison State College, Florida located at 8099 College Parkway, Fort Myers, FL 33919 (the "College") and the Collier County Board of County Commissioners, on behalf of the Collier County Emergency Medical Services Department ("CCEMS"). WITNESSETH: WHEREAS, College provides Emergency Medical Services Technology Programs as a part of its curriculum for its enrolled students; and WHEREAS, College 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 CCEMS, and WHEREAS, CCEMS has the ability to assist College 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 experiences ("Field Experience(s)"); and WHEREAS, the objective of the herein described relationship of the parties is to benefit the community by and through the enhanced 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 (1) year. The Agreement may be renewed for three (3) additional one (1) year terms upon mutual written agreement of the parties. This Page 1 of 7 Packet Page-1155- 4/22/2014 16.E.5. Agreement may be amended only by written agreement of the parties executed with the same formalities as herein expressed. SECTION TWO: Obligation of College. College 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 CCEMS. 2. Provide a schedule of students' related courses/activities to the appropriate personnel of the CCEMS. Schedules will include names and identification numbers of students, dates and times of student association/experience(s) with CCEMS and its personnel. 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 extemship activities in the amount of two million dollars ($2,000,000.00) per claim/five million dollars ($5,000,000.00) aggregate. Proof of such coverage shall be provided to CCEMS prior to, or upon execution of this Agreement, and prior to any student participating in the Field Experiences. 3. It is understood between the parties that those students participating in this program shall not be deemed to be employees or volunteers of the CCEMS or the Collier County Board of Commissioners and that the CCEMS and the Collier County Board of Commissioners shall not be liable for injury to a participant under Ch. 440, Florida Statutes, Florida's Workers' Compensation law. Collier County is required to maintain workers' compensation insurance in compliance with Ch. 440, Fla. Stat. 4. Neither the CCEMS, the Collier County Board of Commissioners, nor their employees, or agents shall be responsible for the compliance of participants with Page2of7 Packet Page-1156- 4/22/2014 16.E.5. ^ State or Federally mandated occupational safety laws. As required, the College shall ensure and document that students and interns maintain compliance. 5. All students must complete background screening through Collier County Facilities Management Department at students' expense in compliance with Ordinance No. 04-52, as amended. SECTION THREE: Obligations of CCEMS The CCEMS shall: 1. Provide opportunities for those qualified students of the College 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 CCEMS and during Field Experiences, observation and training. SECTION FOUR: Mutual Responsibilities and Goals. The parties shall: 1. 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 CCEMS supervisors on evaluation forms furnished by the College. 2. Utilize established lines of authority and communication in effectuating this Agreement or addressing/solving problems which may arise in the implementation of this Agreement. Page 3 of 7 GP Packet Page-1157- 4/22/2014 16.E.5. SECTION FIVE: Termination. 1. At any time, and at their sole discretion CCEMS staff may refuse any College student(s) from participating in the Field Experiences 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 SIX: 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. 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 Page 4 of 7 Packet Page-1158- 4/22/2014 16.E.5. 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, which prohibits discrimination on the basis of disability and/or perceived disability. 9. Chapter 760, Florida Statutes, which prohibits discrimination on the basis of 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 (HIPAA) 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 SEVEN: Equal Opportunity The College is committed to providing an educational and working environment free from discrimination and harassment. All programs, activities, employment and facilities of the College 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 College 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. SECTION EIGHT: Indemnification Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions Page 5of7 Packet Page-1159- CA 4/22/2014 16.E.5. of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768.28, Florida Statutes and in no event shall either parties be liable to [ay a claim or a judgment by any one person which exceeds the sum of two hundred thousand dollars ($200,000.00) or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid arising out of the same incidents or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). *********************Remainder of page intentionally left blank************************************* Page 6 of 7 0 Packet Page-1160- GP 4/22/2014 16.E.5. ^ IN WITNESS WHEREOF, the parties hereto have executed this Agreement, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tom Henning, Chairman A proved as to form and legality olleen M. Greene Assistant County Attorney ATTEST: Edison State College BY: Name, Title Name, Title Page 7 of 7 Packet Page-1161- Cs.,' 4/22/2014 16.E.5. AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE By and Between MEDICAL CAREER INSTITUTE AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Agreement#14-6285 THIS AGREEMENT entered into this day of , 2014, by and between Medical Career Institute, 27975 Old US 41 Rd, Ste 201, Bonita Springs, FL 34135 ("MCI") and the Board of County Commissioners of Collier County, Florida, on behalf of the Collier County Emergency Medical Services Department(CCEMS). WITNESSETH: WHEREAS, MCI provides Emergency Medical Services Technology Programs as a part of it curriculum for its enrolled students; and WHEREAS, MCI desires to augment said programs by providing skill training/eld experiences for its students through the association of certain of its student with the activities and practices of the CCEMS, and WHEREAS, CCEMS has the ability to assist MCI 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 experiences ("Field Experiences"); and WHEREAS, the objective of the herein described relationship of the parties is to benefit the community by and through the enhanced education of its students. NOW, THEREFORE, based on the premises and the mutual covenants, conditions and considerations hereafter expressed,the parties agree as follows: Page 1 of 6 Packet Page-1162- 4/22/2014 16.E.5. SECTION ONE: Term. This Agreement shall become effective upon signature of the Chair and shall remain in effect for one (1) year. The Agreement may be renewed for three (3) additional one (1) year terms upon mutual written agreement of the parties. This Agreement may be amended only by written agreement of the parties executed with the same formalities as herein expressed. SECTION TWO: Obligation of MCI. MCI 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 CCEMS. 2. Provide a schedule of students' related courses/activities to the appropriate personnel of CCEMS. Schedules will include names and identification numbers of students, dates and times of student association/experience(s) with CCEMS and its personnel. 3. Ensure that all students placed in association with CCEMS under this Agreement shall have insurance as set forth in Attachment A, Insurance Requirements, and provide verification of same to CCEMS. Proof of such coverage shall be provided to CCEMS prior to, or upon execution of this Agreement, and prior to any student participating in the Field Experiences. 4. It is understood between the parties that those students participating in this program shall not be deemed to be employees or volunteers of CCEMS the Collier County Board of Commissioners and that CCEMS and the Collier County Board of Commissioners shall not be liable for injury to a participant under Ch. 440, Florida Statutes, Florida's Worker's Compensation law. Collier County is required to maintain workers'compensation insurance in compliance with Ch. 440, Fla. Stat. 2Z6 GP Packet Page-1163- 4/22/2014 16.E.5. 5. Neither CCEMS, the Collier County Board of Commissioners, their employees, or agents shall be responsible for the compliance of participants with State or Federally mandated occupations safety laws. As required, MCI shall ensure and document 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. SECTION THREE: Obligations of CCEMS. The CCEMS shall: 1. Provide opportunities for those qualified students of MCI to observe and perform appropriate Emergency Medical Technician and/ or Paramedic skills under supervision during Field Experiences. 2. Provide for supervision of the herein described students while in association with CCEMS and during Field Experiences, observation and training. SECTION FOUR: Mutual Responsibilities and Goals. The parties shall: 1. 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.CCEMS supervisors on evaluation forms furnished by MCI. Page 3 of 6 CA Packet Page-1164- 4/22/2014 16.E.5. 2. Utilize established lines of authority and communication in effectuating this Agreement or addressing/solving problems which may arise in the implementation of this Agreement. SECTION FIVE: Indemnification. To the maximum extent permitted by Florida law, MCI shall indemnify and hold harmless CCEMS, 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 MCI or anyone employed or utilized by MCI 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 duty to defend under this section is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of MCI, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to MCI. MCI's obligation to indemnify and defend under this section will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. SECTION SIX:Termination. 1. At any time, CCEMS staff may refuse any MCI student(s) from participating in the Field Experience 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. Page 4 of 6 Packet Page-1165- 4/22/2014 16.E.5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement,this day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Tom Henning, Chairman CPAAp,roved as to form and legality: leen M. Greene Assistant County Attorney ATTEST: Medical Career Institute B �e4 Ala b Gou am-cZ. Page 5 of 6 Packet Page-1166- e 4/22/2014 16.E.5. Attachment A Collier County Florida Insurance Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $1.000.000 single limit per occurrence current ISO form 3. ®Medical Malpractice $ 1.000.000 single limit per occurrence 4. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 5. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 6. Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read"For any and all work performed on behalf of Collier County. NOTE:The "Certificate"should read as follows: For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 7. ® Thirty(30) Days Cancellation Notice required. Page 6 of 6 Packet Page-1167-