06/22/1995 Agreement /.couxry
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
MEMORANDUM
TO: Reggie Paros
Director of Public Safety
FROM: Ruth Ann Jantzen .�ni
Deputy Clerk
DATE: July 3, 1995
At the June 22, 1995 County Commission Meeting, the Board granted approval
and authorized execution of a Memorandum of Understanding between Monroe County
Emergency Medical Services (MCEMS) and Branch Naval Medical Clinic (BNMC),
NAS Key West, for education and training opportunities.
Enclosed please find a fully executed duplicate original of the above document for
your handling.
If you have any questions regarding the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
County Administrator, w/o document
File
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MEMORANDUM OF UWARSTANDING
BETWEEN
NAVAL HOSPITAL
JACKSONVILLE, FLORIDA = �
AND
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MONROE COUNTY c
EMERGENCY MEDICAL SERVICES F 71
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KEY WEST, FLORIDA
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GENERAL -o
N O
1 . The Naval Hospital, Jacksonville, Florida, hereinafte)
referred to as BMC-KEY WEST, within the territory of Monroe
County Emergency Medical Services, Key West, Florida, hereinafter
referred to as MCEMS and the Lower and Middle Keys Fire and
Ambulance Taxing District, has established education and training
opportunitiues for Emergency Medical Technician (EMT-Basic)
personnel assigned to Naval Hospital Jacksonville Branch Medical
Clinic, Key West, Florida.
2 . The MCEMS is engaged in certain activities in which bonafide
BMC-KEY WEST Hospital Corpsmen having completed the above
paraprofessional program, if allowed to participate, may refresh
their required learning experiences . It is understood that these
BMC-KEY WEST Hospital Corpsmen will only assist in a basic life
support capacity during training experiences with the MCEMS. At
no time are these BMC-KEY WEST Hospital Corpsmen to become
independent in the assessment and emergency care of patients
encountered in these training experiences . These BMC-KEY WEST
Hospital Corpsmen are considered observers and under the
supervision of the MCEMS instructors/technicians that they are
assigned to.
3 . It is to the benefit of BMC-KEY WEST that BMC-KEY WEST
Hospital Corpsmen participating in the EMT-Basic refresher
program with the MCEMS be permitted to participate in EMT-Basic
refresher training with the MCEMS.
4 . INSOFAR as the MCEMS deems it appropriate and consonant with
the institution' s programs and policies, the MCEMS will accept
these BMC-KEY WEST Hospital Corpsmen for training purposes with
MCMCEMS staff, at no cost to the government.
5 . The ambulance coordinator for the BMC, Key West, Florida will
schedule the BMC-KEY WEST Hospital Corpsmen only at times during
which EMT-Basic experiences are available . BMC-KEY WEST Hospital
Corpsmen have agreed to accept this additional workload for the
educational benefit .
6 . The Officer-In-Charge, BMC-KEY WEST, will provide competent
orders for each BMC-KEY WEST Hospital Corpsman who will be a
participant in EMT-Basic refresher training and will:
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a. Prior to the beginning of Each refresher training period,
provide the names of the BMC-KEY WEST Hospital Corpsmen eligible
to be assigned and the dates and hours assignment is desired.
b. Permit BMC-KEY WEST Hospital Corpsmen to participate in
learning experiences with the MCEMS.
c. Require that materials compiled or published by BMC-KEY
WEST Hospital Corpsmen relative to their training and experiences
received at the MCEMS, or arising from their participation in
EMT-Basic care, shall clearly state that the opinions or
assertions contained therein are those of the writer and are not
to be considered as official or reflecting the views and opinions
of the Department of the Navy.
d. Require BMC-KEY WEST Hospital Corpsmen to dress in a
manner agreed upon between the Officer-in-Charge, BMC-KEY WEST,
and the Medical Director of the MCEMS.
e . Provide all materials and maintain the personnel records
and reports necessary for the conduct and documentation of BMC-
KEY WEST Hospital Corpsmen learning experiences .
f . Enforce such rules and regulations governing BMC-KEY WEST
Hospital Corpsmen, their supervisors, and the conduct of each, as
may be published by the MCEMS.
g. Provide supervising staff members to plan with the
coordinating official of the MCEMS, the assignments that may be
assumed by the BMC-KEY WEST Hospital Corpsmen during their
learning experiences with the MCEMS.
h. Be responsible for health examinations and such other
medical or dental examinations, care, and protective measures
deemed necessary in the event of illness or injury.
7 . As the Director of the MCEMS deems it appropriate and
consonant with the MCEMS ' s programs and policies, the MCEMS will :
a. Accept such numbers of BMC-KEY WEST Hospital Corpsmen as
deemed appropriate, for participation in EMT-Basic refresher
training with the MCEMS.
b. Provide the rescue unit, paramedic, and reasonable time
needed for supervision of required rescue runs.
c . Allow BMC-KEY WEST Hospital Corpsmen to observe proper
patient assessment, history taking, control of scene, ambulance
equipment and handling of emergency situations.
d. Require the MCEMS paramedic in charge of each rescue unit
to sign BMC-KEY WEST Hospital Corpsmen emergency run sheets as completed.
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e. Coordinate with BMC-KEY WEST to prevent conflict of
schedules and activities during these learning experiences and
designate an appropriate coordinating official for this purpose .
This coordination involves planning, with the staff of the MCEMS,
the assignment of BMC-KEY WEST Hospital Corpsmen to specific
cases and experiences.
AUTHORITY AND CONTROL
8 . It is understood by the parties to this Memorandum of
Understanding (MOU) that participating BMC-KEY WEST Hospital
Corpsmen will remain at all times under the military,
professional and administrative controls of BMC-KEY WEST, and
that they are, therefore, subject to the Uniform Code of Military
Justice and other regulations and directives of the Naval
Service. BMC-KEY WEST Hospital Corpsmen, while engaged in
training or performing services in connection with this MOU, do
so within the course and scope of their employment and duties as
members of the U. S . Navy Medical Department under the authority
of lawful military orders . Accordingly, as an employee of the
U. S. Navy, BMC-KEY WEST Hospital Corpsmen assigned under this
MOU shall receive all remuneration from the U. S. Navy. Any and
all funds provided by the MCEMS incident to this MOU shall be
made payable to the United States Treasury.
LIABILITY
9 . BMC-KEY WEST Hospital Corpsmen affected by this Memorandum of
Understanding (MOU) perform their training under orders issued by
the Department of the Navy and receive their pay and allowances
therefrom. To the extent, under the then relevant facts,
trainees would be considered employees of the United States under
the laws of the state in which the training is performed, the
provisions of 10 U.S.C. 1089 (a) will immunize them from
individual tort liability. Because the many factual contexts in
which tort actions arise cannot be determined in advance, the
application of 10 U.S.C. 1089 (a) cannot be forecast absolutely.
In the event that the provisions of 10 U. S. C. 1089 (a) are found
not to be applicable in a particular case, trainees who are
performing services in connection with this MOU and within the
scope of their U.S. Navy employment and duties, may then be
indemnified by the Secretary of the Navy under the provisions of
10 U. S.C. 1089 (f) . MCEMS further agrees to fully cooperate with
the U.S. Navy and the Department of Justice in the resolution of
any claims or lawsuits involving Navy trainees which arise out of
or under the MOU.
WITHDRAWAL
10 . It is further understood and agreed that BMC-KEY WEST, upon
notice from the Director, MCEMS, that further participation by a
BMC-KEY WEST Hospital Corpsman is not desirable, will withdraw
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such student from participation in learning experiences with the
MCEMS. Since the Officer-in-Charge of BMC-KEY WEST retains the
absolute right of control over BMC-KEY WEST Hospital Corpsmen,
the Officer-In-Charge may at any time, for any reason withdraw a
BMC-KEY WEST Hospital Corpsman who is a member of his or her
command from participation in training pursuant to this MOU.
EFFECTIVE PERIOD
11 . This agreement will commence on the date of execution and
will continue indefinitely or until terminated according to
instructions in paragraph 12 . The Government will review this
agreement once every 3 years, incorporating changes required by
statutes, Executive Orders, or regulations. Such changes will be
evidenced by a modification to this agreement or by a superseding
agreement . If the parties fail to agree on any such changes, the
agreement will be terminated.
TERMINATION
12 . Termination may be effected by either the MCEMS or BMC-KEY
WEST, upon thirty (30) days ' written notice when deposited in the
United States Postal Service mail, and directed to the party to
whom notice is being given, at the addresses sear fo th below:
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EI O GLAS D. V. HOLLINGSWOR
Ch irman Captain, Medical orps
Board of Governors (6/22/95) United States Navy
Lower and Middle Keys Fire Commanding Officer
and Ambulance District Naval Hospital
490 63rd Street 2080 Child Street
Marathon, FL 33050 Jacksonville, FL 32214-7107
ATTEST: 11MY L. KOUTACE., CLERK
By
Deputy Clerk
APPROVED AS TO F^^'1
LEGAL SUFFIr
BY
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