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Backup Documents 10/10/2017 Item #16E3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 3 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 routingzlines#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 C rn 10 •v-•Ii 4. BCC Office Board of County `7\---bv\ Commissioners (/ / 14:>V7-5\ 5. Minutes and Records Clerk of Court's Office2 10(251°7 r• ./wn 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 Artie Bay Phone Number 252-3756 Contact/ Department Agenda Date Item was 10/10/17 Agenda Item Number 16.E.3 Approved by the BCC Type of Document Agreement Number of Original 1 Attached 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? c= Ydoeire 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed "i,.nn by the Office of the County Attorney. M`�� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's [Pc 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 AB 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 AB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip n/a 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 10/10/17 (enter date)and all changes made during the meeting have been incorporated in the attached document. C + The County Attorney's Office has reviewed the changes,if applicable. rqiq 9. Initials of attorney verifying that the attached document is the version approved by t = � - + BCC,all changes directed by the BCC have been made,and the document is ready,or the . + Chairman's signature. r . I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . '.s ; •evised 11/30/12 16E 3 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, October 25, 2017 4:48 PM To: Bay, Artie (ArtieBay@colliergov.net) Subject: Hodges University Agreement Attachments: Artie Bay.pdf Hi Artie, Attached, for your records is a scanned copy of an agreement from the 10/10/2017 BCC Meeting (Agenda Item #16E3). Thanks, Martha Vergara, BIM Senior Clerk Minutes and Records .Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (23 9) 252-8408 E-mail: iri trthat vergarakeollie ek.rk com, 1 16E 3 MEMORANDUM Date: October 25, 2017 To: Artie Bay, Supervisor EMS Operations From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement for Field Internship Experience w/Collier County Emergency Medical Services Department & BCC Hodges University Attached is one (1) copy of the document referenced above, (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, October 10, 2017. The Board's Minutes and Records Office has kept original document as part of the Board's Official Record. If you have any questions, please feel free to call me at 252-7240. Thank you. 16 E 3 AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE HODGES UNIVERSITY AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT entered into this July 6, 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 ("COUNTY") 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 [17-EMS-00768/1331102/1] Page 1 of 7 562575 1 7/6/2017552524 1 6/2/2017 ell0) • 16 E 3 by this Agreement. No student shall be considered to be an employee of the COUNTY during the clinical courses. 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 H1PAA 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: Obligations 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 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 Department. 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. 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 extemship activities in the amount of$1 million per claim and $3 million in 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 [17-EMS-00768/1331102/1) Page 2 of 7 562575 1 7/6/2017552524 1 6/2/2017 G: i6E 3 County Emergency Medical Services Department 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. 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: I. 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 he 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, COUNTY and/or the students participating in the program shall be responsible for arranging for the student's medical care and/or treatment, if necessary, 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 or the COLLEGE be financially or otherwise responsible for said medical care and treatment. [17-EMS-00768/1331102/1) Page 3 of 7 562575 1 71612017552524,1 6/212017 C4' 16E 3 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 insurance policy. The COUNTY and COLLEGE 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. [17-EMS-0076811331102/1] Page 4 of 7 562575.1 7/6/2017552524.1 6/2/2017 16E 3 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 Director of Human Resources, 2655 Northbrooke Drive, Naples, Florida 34419, Telephone: 239-513-1122. [17-EMS-00768/1331102/11 Page 5 of 7 562575.1 716;2017552524.1 6/2/2017 16E 3 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, I" Floor • Naples, FL 34112 239/252-8069 brandonsancho@collicrgov.net collicrgov.net To the extent required by Florida law, the 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-00768/1331102/11 Page 6 of 7 562575 1 71672017552524-1 6/2/2017 C ,r 16 E 3 records, in a format that is compatible with the information technology systems of the public agency. To the extent applicable, a request to inspect or copy public records relating to this contract must be made directly to the COUNTY. If the COUNTY does not possess the requested records, the COUNTY shall immediately notify the COLLEGE of the request, and the COLLEGE must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, this 10th da), of Di` , 2017. # 7 .' k' BOARD OF COUNTY COMMISSIONERS C 'OUNTY, FLORIDA im • _ _412014.4r-4111-`- '' BY: rid A st as to Chairman's: ,` cr' P-10 Taylor, CO Si C tp 0i11d to tc,rtn and 1 ity: Lids /. !1�� • UT..leen . Greene Assistant County Attorney Vs NESS: Hodes U iver ity BY: '71*( 17 Name an I Title 'John eyer Executive Vice President, Academic Affairs WITNESS: Name and Title N I � [17-EMS-00768/1331102/11 Page 7 of 7 562575 1 7/6+2017552524.1 6/2/2017