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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 C.l r-- . :z: ,'"IA' N -r'I C)': ....~ 0 oS2:...... l~ :;.0 C:::o.-. ....... :z:. 0 -0 rr, Fire Chief ~(")~:x ("".1 County ofMonroe:.,,;-i~ ~ ~ Fire Rescue ~ rM ~ c 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, r'~.,. C:OtJlfl~,.,~ '-:/~ ... '>. .f ~ t'~~"" .,,;/-~):, -'JIi") /:.=0 -t-t.',~, ;"S" -\\<>S '\ ' \,) , . /~ TY COMMISSIONERS i:z: Y, FLORIDA \~ '\ .~~ FLORIDA KEYS COMMUNITY COLLEGES Uif:Pd Dean of Administrative & Business Services (J~ c.C. 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. ~-: . -~ '. 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. "~~~ " .' AMS 25,3 (2001/08) 3 of3 #S692281M69214