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Home My WebLink About05/18/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: May 26, 2011 TO: Fire Chief James Callahan Fire -Rescue Department ATTN: Darice Hayes FROM: Pamela G. Hancd�.C. At the May 18, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C21 Agreement between the District Board of Trustees of Florida Keys Community College (FKCC) and Monroe County Board of County Commissioners (MCBOCC) concerning Emergency Medical Service (EMS) practical training for the period retroactive July 1, 2010 and ending June 30, 2015. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney via e-mail Finance via -e-mail File AGREEMENT THIS AGREEMENT entered into this 18th day of May 2011 by and between the DISTRICT BOARD OF TRUSTEES OF FLORIDA KEYS COMMUNITY COLLEGE, hereinafter referred to as the COLLEGE, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the COLLEGE desires that students enrolled in EMS Courses obtain clinical/practical experience in Ambulance Services; and WHEREAS, the COUNTY offers to provide the necessary equipment for said experience in recognition of the need to train EMS students. (List of students to be supplied) NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. PROVISIONS FOR INSTRUCTION AND SUPERVISION OF STUDENTS: (a) The EMS Instructor and the COUNTY's EMS Operations Manager shall acquaint the students with the rules and regulations of the COUNTY's EMS and shall hold them responsible for complying with all rules and regulations applicable to students. This does not preclude the COUNTY's EMS from providing further orientation. The COUNTY's EMS will provide a current set of rules and regulations for the COLLEGE at least sixty (60) days prior to the beginning of each Fall term. (b) The COUNTY's EMS reserves the right to refuse its equipment and services to any student who does not meet the professional or other stated requirements of the COUNTY's EMS or any appropriate authority controlling and directing said COUNTY's EMS. (c) The instructional schedule for the clinical/practical experience of the students shall be planned jointly by the supervisor of the particular program of the COUNTY's EMS. The instructional schedule agreed upon shall, wherever possible, be submitted to the respective COUNTY's EMS and COLLEGE authorities at least thirty (30) days prior to the beginning of such schedule. (d) Clinical/practical instruction may also be provided for the COUNTY's EMS from its staff, and assigned according to Paragraph 1 (c) above. The COLLEGE reserves the right to review the qualifications of such persons to assist in the clinical/practical instruction of the students. (e) The responsibility of the COUNTY's EMS staff with regard to the clinical/practical experience of the student may include, as appropriate to the specific program: R:\Admin\2010\Contracts\annual contracts\MC EMT 0091.doc (1-3) (1) Direct instruction and supervision of the student according to the respective course description and/or syllabus, cooperating therein with the faculty member assigned by the COLLEGE to supervise said course; (2) Periodic evaluation of the student's progress as required by the COLLEGE; (3) Providing to the above mentioned program supervisor, on a weekly basis, the proposed schedule for clinical/practical instruction for the ensuing week; and (4) Being available for scheduled conferences with the student and/or program supervisor. (f) The COLLEGE on its part agrees further; (1) To go through the proper channels with the COUNTY's EMS in planning clinical/practical experience; (2) To arrange meetings with the appropriate staff of the COUNTY's EMS to whom the student is directly responsible in order to review and evaluate the progress of the clinical/practical experience as needed; (3) To provide methods for student evaluation which are brief and meaningful; and (4) To inform the clinical/practical staff of the COUNTY's EMS as to the extent of the student's academic preparation for the purpose of assignment of the student to the appropriate entry level of clinical/practical experience. 2. INDEMNIFICATION AND INSURANCE (a) As a political subdivision of the State of Florida, the COLLEGE enjoys sovereign immunity, which is waived to the extent provided in Section 768.28, Florida Statutes. Subject to that limitation, the COLLEGE agrees to indemnify and hold harmless the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, its respective officers, agents, employees, and servants from any and all liabilities and causes of action arising out of the operation of this Agreement, which results directly from the negligence errors or omissions of the COLLEGE, its officers, Trustees, employees, students or agents. The COLLEGE does not accept liability for the injury or death of any person or damage to any property, or any claims or causes of action arising there from, caused by the sole negligence of any officer, agent, employee, or servant of the COUNTY, or by the condition of the equipment operated by the COUNTY's EMS, whether the condition is latent or patent, and regardless of whether the COLLEGE has inspected the equipment prior to using it. Nothing contained herein waives any immunity granted to either the COUNTY or COLLEGE under Section 768.28, Florida Statues. (b) The COLLEGE agrees to maintain, during the term of this Agreement, student professional liability insurance with a single limit of $1,000,000.00, with aggregate R:\Admin\2010\Contracts\annual contracts\MC EMT 0091.doc (2-3) coverage of $3,000,000.00. A Certificate of Insurance in evidence of compliance with this paragraph shall be filed with the COUNTY. (c) If either party receives notice of a claim related to this Agreement that party shall notify the other party within fifteen (15) days of its own receipt of notice. 3. TERM OF AGREEMENT The term of this AGREEMENT shall begin July 1, 2010 and continue for a period of five years, after which both parties will review option to renew for an additional five years. This AGREEMENT may be modified or terminated by a written statement signed by both parties thirty (30) days prior to implementation of this proposed action. NOTICES: Where notice is required under this Agreement to be given to either party, the notice shall be mailed to: COLLEGE: Vice President of Business and Administrative Affairs Florida Keys Community College 5901 College Road Key West, Florida 33040 COUNTY: Operations Manager, District 1 County of Monroe Emergency Medical Services 490 63 Street, Ocean, Suite 170 Marathon, Florida 33050 IN WITNESS WHEREOF the parties have cause this AGREEMENT to be executed in their respective corporate names and their corporate seals to be affixed by duly authorized officers, all on the day and year first set forth above. BOARD OF COUNTY COMMISSIONERS MONROE COUN Y, FLORIDA Mayor/ erso ; �C lerk '-, rV3d�'sa Florida Keys COMMUNITY COLLEGES Vice Presid of Business & ~ W _ Z) Administrative Affairs -c Cn O �J b -0 r=. 00 c7 M0N E COUNTY A�FOR�Y � AP OV AS �00 Y"aTH!,A L. HALL ASSIST -N-1- COUNTY ATTORNEY 'late_. R:\Admin\2010\Contracts\annual contracts\MC EMT 0091.doc (3-3)