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Backup Documents 10/27/2020 Item #16E7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 E 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office K 10/27/20 4. BCC Office Board of County Commissioners liY11 )o'i 'off 5. Minutes and Records Clerk of Court's Office c (0/ J0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tabitha Butcher/EMS 239-252-8400 Contact/ Department Agenda Date Item was October 27,2020 Agenda Item Number 16E7 Approved by the BCC Type of Document Agreement with Braxton College to provide Number of Original 1 Attached EMS supervised skill training and experience to Documents Attached students enrolled in Emergency Medical Services Technology Programs. PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK TB 2. Does the document need to be sent to another agency for additional signatures? If yes, TB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's TB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 27,2020 and all changes made TB during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E7 MEMORANDUM Date: November 2, 2020 To: Tabatha Butcher, EMS Chief Emergency Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Agreement wBraxton College— providing EMS Supervised Skill Training Attached is one (1) original of the document as referenced above, (Agenda Item #16E7) as approved by the Board of County Commissioners on Tuesday, October 27, 2020. The Board's Minutes & Records Department has kept the original as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16E7 STANDARD FORM AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE BRAXTON COLLEGE THIS AGREEMENT entered into thisar day of akebtr , 2020 by and between Braxton College, 27975 Old US 41 Rd, Ste 201, Bonita FL 34135 (College) and the Collier County Board of County Commissioners, on behalf of the Collier County Emergency Medical Services Department(CCEMS). WITNESSETH: WHEREAS, Braxton College provides Emergency Medical Services Technology Programs as a part of its curriculum for its enrolled students; and WHEREAS, Braxton 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 Collier County Emergency Medical Services Department; and WHEREAS, Collier County Emergency Medical Services Department has the ability to assist Braxton College in its 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 automatically remain each year unless one party gives the other party notice it wishes to amend or terminate the Agreement. This Agreement may be amended only by written agreement of the parties executed with the same formalities as entered into. 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. CEO [20-EMS-01008!1561374/11 Page 1 of 7 16E7 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 Braxton College Braxton 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 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 CAO [20-EMS-01008/1561374/1] Page 2 of 7 1 6 E 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. Braxton College 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 Braxton 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 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 Braxton College. 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, Page3of7 C' O [20-EMS-0 1 00 811 56 1 3 74/1] 16E7 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 Braxton College 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. -0h [20-EMS-01008/1561374/1] Page 4 of 7 16E7 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 Braxton College is committed to providing an educational and working environment free from discrimination and harassment. All programs, activities, employment and facilities of Braxton 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 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. CAO [20-EMS-01008/1561374/1] Page 5 of 7 16E7 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 Collier County Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples,FL 34112 (239)252-8069 PublicRecordsRequest@colliercountvfl.gov 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 CAO [20-EMS-01008/1561374/1] Page 6 of 7 r"��— 16E7 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, thisd3 day of Od0 , 2020. ATTEST:. BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER UNTY,FLORIDA 01 6111. B : Y f.,,e440/60.4-- Attost as to Chail(1'leSe by Clerk Burt L. Saunders,Chairman Approve l a• t), • .- ra -gality: ...id 01 i/ III Nam_ Jeffrey A.7 at.',a w, ounty Attorney WITNESS: Braxton College Y: M (Signature) (Signature) e Z,Le1r� �()rJ2C1or V[' C> 1'n ce5ictes-( Print Name and Title Print Name&Title ,s,A,,,i 55„:„,5 Lon,pl e.^(c. WITNESS: (Signature) Print Name and Title AQ [20-EMS-01 008/1 561 374/1] Page 7 of 7 E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6- E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office kb wj 1W-3C 2. BCC Office Board of County ](� Commissioners I •` �/"" Jt} I 3. Minutes and Records Clerk of Court's Office \iiVJ t p-1 i 1 po ab I o. f�.uwt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tabatha Butcher,Chief EMS Contact Information 239-252-3740 Contact/Department Administrative Services Department Agenda Date Item was October 27,2020 Agenda Item Number 16.E.-3. Approved by the BCC Type of Document Agreement between Collier County EMS Number of Original 1 Attached and Braxton College Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK TB 2. Does the document need to be sent to another agency for additional signatures? If yes, TB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's TB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TB document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/27/2020 and all changes made during TB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ' an option for Chairman's signature. this line. 1 6- E 7 Martha S. Vergara From: Martha S.Vergara Sent: Tuesday, December 1, 2020 4:35 PM To: ButcherTabatha Subject: Agreement w/Braxton College - BCC Mtg from 10/27/2020 (Agenda Item #16E7) Attachments: Tabatha Butcher.pdf Hi Tabatha, Attached for your records is a copy of the above referenced document. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk 4. 1:1 (it 4,� Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergaraPCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County c''rr % �`'� 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 16E 7 STANDARD FORM AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE BRAXTON COLLEGE THIS AGREEMENT entered into this day of Cdthex_,2020 by and between Braxton College, 27975 Old US 41 Rd, Ste 201, Bonita FL 34135 (College) and the Collier County Board of County Commissioners, on behalf of the Collier County Emergency Medical Services Department(CCEMS). WITNESSETH: WHEREAS, Braxton College provides Emergency Medical Services Technology Programs as a part of its curriculum for its enrolled students; and WHEREAS, Braxton 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 Collier County Emergency Medical Services Department; and WHEREAS, Collier County Emergency Medical Services Department has the ability to assist Braxton College in its 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 automatically remain each year unless one party gives the other party notice it wishes to amend or terminate the Agreement. This Agreement may be amended only by written agreement of the parties executed with the same formalities as entered into. 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. ''t� (20-EMS-01008!1561374/1( Page 1 of 7 „ 16E 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 Braxton College Braxton 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 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 CAO [20-EMS-0 1 008/1 561 3 7411) Page 2 of 7 1 16E 7 Commissioners shall not be liable for injury to a participant under ('h. 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. Braxton College 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 Braxton 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 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 Braxton College. 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, CAO Page3of7 [20-EMS-01008'1 56 7 3 74/1[ ///�� 16E 7 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 Braxton College 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 [20-EMS-01008/1561374/1] Page 4 of 7 16E 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 Braxton College is committed to providing an educational and working environment free from discrimination and harassment. All programs, activities, employment and facilities of Braxton 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 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. (20-EMS-01008/1561374/1) Page 5 of 7 16E 7 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 Collier County Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples,FL 34112 (239)252-8069 PublicRecordsRequest®colliercountvfl.gov 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 rAO (20-EMS-01008/1561374/11 Page 6 of 7 • 16E 7 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 360,6er . 2020. ATT ST:7- - '� '. ,„; BOARD OF COUNTY COMMISSIONERS CRYSTAL k:IJ1144EC4 CLERK COLLIER COUNTY, FLORIDA i :v , �j By: . ��i�.�— , ' :r • .;,'• eputy CI rk / Burt L. Saunders,Chairman Approv- 1 a• i • . , -gality: . ed Vv' MU MIN � _ Jeffrey A.7 at.0,,w, aunty Attorney WITNESS: Braxton/CollegeC� .ma : � -- (Signature) (Signature) Z.Le,el (,t,,ut.f \ f' (-0 PIe`›iA? 1 Print Name and Title Print Name&Title ,A4M,',5,04,5 Go,,•pl ^(c. WITNESS: (Si_ ,turc) Print Nan re and Title [20-EMS-01 00811 561 3 74/1] Page 7 of 7 !