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07/14/2004 Agreementcleltdae eircuilcoull Danny L. Holhage Phone:305-292-3550 Fax:305-295-3663 To: Clark O. Martin, Jr. Fire Chief Attn Darice L. Hayes, Administrative Assistant From: Isabel C. DeSantis, • „ ,�l Deputy Clerk J" Date: Tuesday, October 12, 2004 At the meeting of July 14, 2004, the following was approved by the BOCC: Agreement between Monroe County and Para-Med Academy, Inc., (d/b/a EMS Academy) for Monroe County Fire Rescue (MCFR) to provide an EMS training environment from date of approval of Agreement through December 31, 2005 with the option to renew on a year-to-year basis. Attached hereto is a fully executed duplicate original of the subject document for your handling. Should you have any questions concerning this matter please feel free to contact this office. Copies: County Attorney Finance File .,/ AGREEMENT I. PARTICIPATING AGENCIES This AGREEMENT between PARA-MED ACADEMY, INC. (d/b/a EMS Academy), hereinafter referred to as the AGENCY, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as the AMBULANCE SERVICE is entered into this _14th day of JULY , 2004. II. PURPOSE OF AGREEMENT It is mutually agreed that the purpose of the AGREEMENT is to provide a comprehensive learning experience for Participants from the AGENCY, within a clinical setting, in accordance with provisions of the guidelines set forth in this AGREEMENT. III. GENERAL PROVISIONS OF AGREEMENT A. Both parties agree that there will be no distinction in employment or placement because of race, sex, color, creed, age, national origin, religion, marital status, disability or handicap, and adhere to the provisions of Federal and State laws regarding discrimination. B. The AMBULANCE SERVICE will provide to the Participant at the Participant's expense, emergency care for injuries or acute illness while on duty at the AMBULANCE SERVICE in accordance with the provisions of this AGREEMENT. C. The term of this AGREEMENT shall be from the date of the AGREEMENT, and shall remain in full force and effect until December 31, 2005. Either party may elect annually to extend this AGREEMENT for an additional year upon providing at least thirty (30) days prior written notice of intent to extend. Either party hereto may terminate this AGREEMENT by giving at least thirty (30) days written notice to the other party. NOTICE: Where notice is required under this AGREEMENT to be given to either party, the notice shall be mailed to: For AGENCY: Frank Galgano, President Para-Med Academy, Inc. 600 N. Pine Island Rd., Suite 360 Plantation, FL 33324 For AMBULANCE SERVICE: Clark O. Martin, Jr., Fire Chief Monroe County Fire Rescue 490 63rd Street, Suite 140 Marathon, FL 33050 Page 1 of 4 IV. SPECIFIC RESPONSIBILITIES OF THE AGENCY A. Agency shall designate a person or persons to coordinate and act as liaison with the appropriate AMBULANCE SERVICE personnel. B. AGENCY shall provide the AMBULANCE SERVICE with a list of Participants in the learning experience at least ten (10) days before each program is to start. C. AGENCY shall insure that Participants have the necessary didactic prerequisites to maximize the learning experience at the AMBULANCE SERVICE. D. AGENCY shall insure that the participants comply with the provisions of Section VI. E. AGENCY does undertake and agree that it will indemnify and hold harmless the AMBULANCE SERVICE and its officers, directors, employees, and agents, and reasonable attorney's fees on account thereof, that may be sustained or incurred by reason of any and all claims, demands, suits, actions, judgments, and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any Participant or Participants supplied by the AGENCY pursuant to this AGREEMENT. F. AGENCY shall procure and maintain, during the term of this AGREEMENT and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this AGREEMENT. Such insurance shall be on an occurrence basis in amounts no less than $1,000,000/$3,000,000 for personal injuries and $50,000 for property damage; and the AMBULANCE SERVICE shall be an additional named insured under such general and professional liability policy or policies. AGENCY shall submit certificates of insurance to the AMBULANCE SERVICE evidencing such insurance at the time of the execution of this AGREEMENT, and as requested by the AMBULANCE SERVICE. AGENCY agrees that the AMBULANCE SERVICE will receive no less than thirty (30) days written notice prior to cancellation, modification, or non -renewal of any of the insurance coverage's described herein. Participants who do not have patient contact (non -allied health participants) will not be required to be covered by professional liability insurance. Page 2 of 4 V. SPECIFIC RESPONSIBILITIES OF THE AMBULANCE SERVICE It shall be the responsibility of the AMBULANCE SERVICE to: A. Provide an appropriate orientation of Participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a learning experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if that care is given by a participating student. D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the AGENCY in this AGREEMENT, as appropriate to the learning objectives. VI. SPECIFIC RESPONSIBILITIES OF THE PARTICIPANT It shall be the responsibility of the Participant(s) assigned through this AGREEMENT to: A. Comply with the policies and procedures of the AMBULANCE SERVICE. B. Provide the necessary and appropriate uniform while on duty in the AMBULANCE SERVICE. C. Obtain prior written approval of both parties to this AGREEMENT before publishing any material related to the learning experience provided under the terms of the AGREEMENT. D. Sign a "Hold Harmless Agreement" with the AMBULANCE SERVICE prior to commencing his/her experience within the AMBULANCE SERVICE, a copy of which is attached to this AGREEMENT as Exhibit A. E. At all times wear the appropriate badge on every clinical rotation, and comply in all respects with the student requirements set forth in the requirement sheets. VII. REQUEST FOR WITHDRAWAL OF PARTICIPANT The AMBULANCE SERVICE shall reserve the right to deny any Participant from access to its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures of the AMBULANCE SERVICE or is detrimental to patients or others. Page 3 of 4 VIII. MODIFICATION OF AGREEMENT Modification of this AGREEMENT may be made by mutual consent of both parties, in writing, and attached to this AGREEMENT and shall include the date and the signatures of parties agreeing to the modification. IX. COPIES OF AGREEMENT Copies of this signed AGREEMENT shall be placed on file and be available at the corporate office of the AGENCY and in the headquarters of the AMBULANCE SERVICE. IN WITNESS WHEREOF the parties hereto have caused 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. 'N ,-(SEAL) `-Aftest- ny L. Kolhage, Clerk z Para-Med Academy, Inc. (d/b/a EMS Academy) Board of County Commissioners of Monroe County, Florida ,.�J E --� � Mayor / Chairma/n C c 2 X C rr n' C C x MONROIL ZANNE .r?. HUTT®N kSS1STA.N,0+U�N TTORNEY LLE r.3 Page 4 of 4 EXHIBIT A EMS ACADEMY HOLD HARMLESS AGREEMENT I, , am presently enrolled as an Emergency Medical Technician or Emergency Medical Technician Paramedic student at EMS Academy. My course of instruction at this school requires me to train, study, and received instruction at EMS Academy and/or Monroe County Fire Rescue, (hereinafter referred to as the AMBULANCE SERVICE). In consideration for the AMBULANCE SERVICE providing me this opportunity to acquire training and instruction, I, the undersigned agree to indemnify, protect, and hold harmless the AMBULANCE SERVICE and its officers, directors, employees, agents and assignees from any liability judgments, claims, costs, damages or injury arising out of or in connection with any and al acts of negligent conduct on the part of the undersigned, however caused, during any instructional or training activity. I agree that I will defend at my own expense, any and all actions, lawsuits or proceedings which may be brought against the AMBULANCE SERVICE in connection with the above and shall satisfy, pay and discharge any and all judgments that may be entered against the AMBULANCE SERVICE in any such proceedings. I understand that, generally, while I am engaged in the activities of and related to this course of instruction and training, I am not considered an employee of the AMBULANCE SERVICE and therefore, I am not eligible for Workers Compensation coverage pursuant to Florida Statute Chapter 440 (1989-90 or its successor amendments/statutes); however, if I am otherwise considered lawfully "on -duty" or "on- the-job" or as an employee for the AMBULANCE SERVICE, I understand I am entitled to Workers Compensation coverage through the AMBULANCE SERVICE, notwithstanding the fact that it may be on-the-job training to this course of instruction. Date of Instructional Activities: to Date Signature: Witness: Date Date: Date: