HomeMy WebLinkAbout06/15/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 22, 2005
TO:
Fire Chief Clark Martin
Fire-Rescue Department
FROM:
Darice Hayes
Pamela G. Hanc€!J"
Deputy Clerk
ATTN:
At the June 15, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and the District
Board of Trustees of Florida Keys Community College concerning EMS training for period
beginning July 1, 2005 and ending June 30,2010.
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
Finance
File ./
AGREEMENT
THIS AGREEMENT entered into this 15th day of June, 2005 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 III 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 Battalion Chief of Training shall acquaint
the students with the rules and regulations of the COUNTY's Fire Rescue Department
and shall hold them responsible for complying with all rules and regulations
applicable to students, This does not preclude the COUNTY's Fire Rescue
Department from providing further orientation, The COUNTY's Fire Rescue
Department 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 Fire Rescue Department 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 Fire Rescue Department or any appropriate authority
controlling and directing said COUNTY's Fire Rescue Department.
(c) The instructional schedule for the clinical/practical experience of the students shall be
planned jointly by the supervisor of the particular program and the COUNTY's Fire
Rescue Department. The instructional schedule agreed upon shall, wherever possible,
be submitted to the respective COUNTY Fire Rescue Department's 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 Fire Rescue
Department 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 Fire Rescue staff with regard to the
clinical/practical experience of the student may include, as appropriate to the specific
program:
C:\Documents and Settings\hayes-darice\Local Settings\Temporary Internet Files\OLK40\FKCC
Agreement 2005DRAFT,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 ofthe student's progress as required by the COLLEGE;
(3) Providing to the above mentioned program supervisor, on a weekly basis, the
proposed schedule for clinicaVpractical 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 Fire Rescue
Department in planning clinicaVpractical experience;
(2) To arrange meetings with the appropriate staff of the COUNTY's Fire Rescue
Department 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 clinicaVpractical staff of the COUNTY's Fire Rescue
Department as to the extent of the student's academic preparation for the
purpose of assignment of the student to the appropriate entry level of
clinicaVpractical 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 Fire
Rescue Department, 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,
C:\Documents and Settings\hayes-darice\Local Settings\Temporary Internet Files\OLK40\FKCC
Agreement 2005DRAFT,doc
(2-3)
(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
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 01, 2005 and continue for a period of
five years until June 30, 2010, 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,
COLLEGE:
NOTICES: Where notice is required under this Agreement to be giv~to eithe~arty;dhe
notice shall be mailed to: ~c; 2: g
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Fire Chief ~(")~:x ("".1
County ofMonroe:.,,;-i~ ~ ~
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490 63 Street, Ocean, Suite 170
Marathon, Florida 33050
COUNTY:
Dean of Administrative & Business Services
Florida Keys Community College
5901 College Road
Key West, Florida 33040
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 ;p~,da~d year first set forth above,
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FLORIDA KEYS COMMUNITY COLLEGES
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Dean of Administrative & Business Services
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Danny Kolhage
Clerk
(3-3)
.105
ACORD... CERTIFICATE OF LIABILITY INSURANCE
In
PRClDUCIR
Arthur J. Gallagher Ii Co.
8200 N.W. 41st Street
Suit. 200
Nlaml, FL 33188
IH8UMD
I DATI~
07/19104
TtI8 CER'TlFlCATE _ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGH1'8 UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POuaES BELOW.
Florida Community Colleges Risk
Uanegement Consortium
5700 SW 34th Street. Suite 1205
Galn_ville, FL 32608
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER A: Chicago Insul'llnce Company
INSURER 8:
INSURER c:
1N8UREJ:l 0:
INSURER E:
NAIC ,
THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERN OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE UMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~ TYPEOPINSUAAHCI POLICYNUllBER ~ ~ LIIIIITS
GENUAL LIA8L/TY EACH OCCURRENCE .
r-- COMMERCIAL GENERAl. UABlUlY ~ TO RENTED .
I CLAIMS MADE 0 OCCUR MED EXP (Any _ 1*8On) .S
PERSONAl. & ADV INJURY .
GENERAl. AGGREGATE .
GEN'l AGORri UMIT APPUES PER: PAODuc:Ts . COMPIOP AGG .
n POUCY .~ DlOC
~UTOIIOIIIUE UAllLITY COMBINED SINGlE UMIT .
ANY AUTO (Ea -.nt)
I--
I"- AU OWNED AUTOS BODILY INJURY
(Per 1*1Clll) .
I-- SCHEDUlED AUTOS
- HIRED AUTOS <; ~Q RIS~ANA BODILY INJURV
EMENT (Per acddanl) .
- NON-ClWNED AUTOS ., "- Ii 11 J ,,)
- '+-ri ~-{)-<'" PFIOPEFlTY DAMAGE .
; (Per accidan')
tfAGlllA8aJTY ~.-. . .. AUTO 0Nt. V - EA ACCIDENT .
'p'.. ;\ A-Lyp:;
ANV AUTO EA ACe .
--- OTHER THAN
AUTO 0Nt. V: AGO .
IXCUM.I....I.LA lIA8IU'l'Y EACH OCCURRENCE .
~:lOCCUR 0 CLAIMS MADE AGGREGATE .
.
q ,DEoucna.e .
RETENTlON s .
WOAlCMs COIIPENU 'IlClN AND I we STATIJ. I 10Jlt
EIIPLOftM' UAaITY
ANY PAClPRIETOfIlPAATNEAlEXECt.iTlVE S: EACH ACCIDENT .
a=RCEAiIotEMBER EXCWllED? E.L DISEAsE . EA EMPLoYEE .
' :&:N~ uncIar below E,L DISEASE. PClUCV UMIT .
.A, OTHIIR Stud.nt AHC2900001 08f28f04 08l26I05 $1.000,0001$3,000,000
, Pro_aIonel -.-~ .
-~
Ullblllty -
-
DUCAPTION OP ONRATION./lOCA TlON8I YllHICLIIII EXCLU8ION8 ADWD BY ENDClA8EIIDT '''CIA&. ~
R.: Florida K.p Community College Clinical Experience for Nursing . . .
Program.
COv....g. includ.. College Faculty M.mbers for InstructiOn/supervision of
students only. - , .
(See Atblched Deacrlptions) ,
CERTIFICATE HOLDER
SHOULD AllY OP THII MOVE DUCRIUD 1'ClLIC.. _ CANC8.LID ~ THIIIXJIIAATION
Monroe County Board of County DA"'~. .,.......lN8UMA WLL INDbVOR TO"AL --14.. DAYS WIIrTTUI
COmml..ion.... NOneI TO THII CIRTI'ICATI ttOLOmt NAMm TO .,.. urn. BUT "ALUM TO DO 80 SHALl.
Em.rg.ncy Medical Servlc.. IIIP08I NO ~TION OR UAaITY OP ANY KINO UPON THE 1N8UMR, ITS AUNTs CIA
480 83rd South OceaniSulte 170 ~ATIVU.
Marathon, FL 33050 ~~A1IV5
"41 ,~
CANCELLATION
ACORD 25 (2001108) 1 of 3
#S692281M69214
SXH
e ACORD CORPORAnON 1988
, ' . .
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25-8 (2001108) 2 of 3
#S692281M69214
DESCRIPTIONS (Continued from Page 1)
Monroe County Board of County Commissioners Emergency Medical Services is
listed as additional insured soley as respects to this program.
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AMS 25,3 (2001/08)
3 of3
#S692281M69214