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06/22/1995 Agreement /.couxry z id' `°t c( air r, 4so ?annp IL. Ikotijage 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 t . MEMORANDUM OF UWARSTANDING BETWEEN NAVAL HOSPITAL JACKSONVILLE, FLORIDA = � AND z MONROE COUNTY c EMERGENCY MEDICAL SERVICES F 71 ,a) KEY WEST, FLORIDA w - o 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: -1- r 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. -2- 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 -3- 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: �7 xc l"S y y/ft„,.2 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 -4-