Agenda 10/27/2020 Item #16E 7 (Agreement w/Braxton College)10/27/2020
16.E.7
EXECUTIVE SUMMARY
Recommendation to approve an Agreement with Braxton College to provide EMS supervised skill
training and experience to students enrolled in Emergency Medical Services Technology Programs.
OBJECTIVE: To provide students enrolled in EMS training programs to participate in skill training and
field experiences under the appropriate supervision of the Collier County Emergency Medical Services.
CONSIDERATIONS: Braxton College 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.
The Collier County Emergency Medical Services Division has the ability to assist Braxton College 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.
FISCAL IMPACT: There is no budget impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact resulting from this
item.
RECOMMENDATION: To approve the Agreement with Braxton College, allowing students to obtain
State -required field internship experience and training under the appropriate supervision of the Collier
County Emergency Medical Services Division.
Prepared By: Tabatha Butcher, Chief, Collier County EMS
ATTACHMENT(S)
1. Ride Agreement Braxton College - stamped (PDF)
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16.E.7
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.7
Doe ID: 13794
Item Summary: Recommendation to approve an Agreement with Braxton College to provide
EMS supervised skill training and experience to students enrolled in Emergency Medical Services
Technology Programs.
Meeting Date: 10/27/2020
Prepared by:
Title: Accounting Technician — Emergency Medical Services
Name: Erin Page
10/05/2020 10:37 AM
Submitted by:
Title: Division Director - EMS Operations — Emergency Medical Services
Name: Tabatha Butcher
10/05/2020 10:37 AM
Approved By:
Review:
Administrative Services Department
Emergency Medical Services
Administrative Services Department
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Paula Brethauer
Level 1 Department Reviewer
Tabatha Butcher
Additional Reviewer
Len Price
Level 2 Department Head Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Laura Wells
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Sean Callahan
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
10/06/2020 4:39 PM
Completed
10/15/2020 6:36 PM
Completed
10/16/2020 3:08 PM
Completed
10/16/2020 3:09 PM
Completed
10/19/2020 10:09 AM
Completed
10/20/2020 11:04 AM
Completed
10/20/2020 3:19 PM
10/27/2020 9:00 AM
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16.E.7.a
STANDARD FORM AGREEMENT FOR FIELD INTERNSHIP EXPERIENCE
BRAXTON COLLEGE
THIS AGREEMENT entered into this day of , 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 riles 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.
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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
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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
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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
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abilities to ensure a successfiil field experience program for qualified students. Students will be
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evaluated by Collier County preceptors on evaluation forms furnished by Braxton College.
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2. Resolution. Utilize established lines of authority and communication in effectuating this
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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
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this Agreement without compensation. Participating students shall be treated by the COUNTY
as trainees and shall have no expectation of receiving compensation or fiiture employment from
either party. Students shall pay for their own meal and expenses, if any, while participating in
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the program.
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4. Participant's Medical Care. COLLEGE and/or the students participating in the program
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shall be responsible for arranging for the student's medical care and/or treatment, if necessary,
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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,
Certificatc(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.
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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.0
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.
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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
PublicRecordsReguest(@,coRiercountvfl.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
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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 92020.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
irney
WITNESS:
(Signature)
Print Name and Title
WITNESS:
(Signature)
Print Name and Title
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Burt L. Saunders, Chairman
Braxton College
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(Signature)
IZCLewl (106d&Pt �Z� (A P I (">i � e"I
Print Name & Title 40L, 55,u-") �
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