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R93-112 II RESOLUTION NO. R93-//-f A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A RENEWAL OF THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of t.he City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute a renewal of the Agreement between the City of Boynton Beach and the School Board of Palm Beach County for emergency medical technology education. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and the School Board of Palm Beach County for emergency medical technology education, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of August, 1993. CITY OF BOYNT9N BEACH, FLORIDA ATTEST: ~~9?t:~ Ci Clerk (Corporate Seal) Authsig.doc EMT.Agr 7/23/93 ~/ AGREEMENT BETWEEN 1liE SOiooL BOARD OF PALM BEACH COlJN1Y AND CIlY OF BOYNTON BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION ~~y\ \~ I. PARTICIPATING AGENCI~: The participating agencies in this agreement are The School Board of Palm Beach County, hereinafter called the .SCHooL BOARD,. and City of Bovnton Beacq. hereinafter called the EMS "PROVIDER. · II. STATEMRNT OF AGREEMENt: This is a mutual agreement between the administration of the Provider and The School Board of Palm Beach County, Florida, that the EMS Provider will accept emergency medical technologylEMT students from the vocational-technical education programs for supervised learning experiences in the care of patients in accordance with the provisions set forth in this agreement. Whereas, the parties hereto recognize that the School Board is in need of health care facilities to train vocational education students in the area of emergency medical technology education pursuant to the State Plan for Vocational Education of the State Department of Education and The School Board of Palm Beach County policies and procedures; and Whereas, the parties hereto recognize that interest in promoting those educational goals and objectives of the State Department of Education and The School Board of Palm Beach County which further excellence in emergency medical services; and Whereas, the Provider desires to provide the necessary Emergency Medical Services facility for observation and selected clinical experiences to assist this program both parties therefore agree, in consideration of the mutual covenants and agreements expressed herein, as foJIows; III. GENERAL PROVISIONS OF niB AGREEMENT; 2. The School Board shall be responsible for the education of the student. 1. The education of the student shall be the primary purpose of the training program. 3. The School Board shall be responsible for selecting learning experiences for the students with the assistance and cooperation of the EMS Provider personnel. 4. The Emergency Medical Services Provider agrees to share in the education of the student through the cooperation and assistance of its staff with the faculty of the School Board and in the guidance and supervision of the students. 5. The number of students scheduled to a Provider will be planned by the School Board and the Provider. 6. Students will be involved chiefly in learning experiences through obserVation; however, in order to conform to the requirements of the Florida Department of Education Program Coune Standards and the Department of Health and Rehabilitative Services Rules, didactic instruction reinforced in the clinical area will be offered by the Provider. Any such instruction MUST be supervised by trained authorized instructors and such instruction shall c.2nfof!11 to Chapter 10D-66.58 (3) (e) and (0 3. Rules of Department of Health and Rehabfiitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKIU.5 as outlined in Chapter 100-66.56 (1) of HRS Emergency Medical Services Rules. 7. The School Board agrees to comply with the applicable established policies and practices of the Emergency Medical Services Provider. The Provider shall be responsible for providing the School Board with all applicable established policies and practices of the EMS facility. 8. The School Board recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit provided in 768.28, Florida Statutes, The State of Florida's partial waiver of sovereign immunity, provided, however, this provision shall not be construed as a waiver of any right of defense that the Board may possess and reserve all such rights as against any and all claims that may be brought under this agreement. 9. The Emergency Medical Services Provider will be liable for any acts or omissions of its employees. Nothing contained herin shall be deemed a waiver soverign immunity pursuant to Florida Statues Section 768.28. 10. The Emergency Medical Services Provider is an independent contractor and not agents, employees, parmers, associates, or joint ventures of the Board. The students and faculty of the Board are not employees, servants, or agents of the Providers but rather: 1) the students are students of the School Board, and 2) the faculty are employees of the School Board. There are no third party beneficiaries of or to this Agreement. IV. TIlE SCHOOL BOARD'S RESPONSIBIU1Y: 1. To maintain standards recommended in the State Plan for Emergency Medical Technology Education of the State Department of Education and standards and procedures as outlined in the Florida Administrative Code of the Florida Department of Health and Rehabilitative Services. 2. The School Board will maintain standards which include, provision for physical eumination, T.B. screening, Rubella vaccination, serology, hepatitis B vaccine or signed waiver and education on Universal Precautions and Blood Bome pathogen standards. 3. To employ Florida certified health occupations (paramedic) faculty who shall be responsible for implementing the philosophy and the objectives of The School Board and developing the curriculum. The faculty shall be responsible for; a. Selecting assignments in cooperation with EMS personnel and supervising students in their learning experiences. 2 b. Planning for concun.nt related instruction (infonnaJ and fntmal cl"'room) .. needed to meet the objecti... o( the P"'lVam. nu. instruction will "" scheduled during the regular hours of the program. c. Maintaining individual records o( cl... and clin;cal instruction, <m<rg."cy medical technology practice, and evaluation of student competency and health. V. TIlE EMERGENcY MEDICAL SERVICEs FAOlJTY's REsPONSIBIU1Y: ,j, Prepan"g a clinical "'tation plan (or Hrvic.. to "" USed (or ellp<rj""'e and S<Curing the Wrin.n appCOVal o( the plan !lom th< Director o( the llm<rg."cy Medical s.mc" (acility prior to the ""ginning 0( the atIiIiation. Ild"", any mat<rial chang<s .... made in the plan, they will "" discuss.d and approved in writing by the Director of the Emergency Medical Services faCility. I. To mak< available to faculty and stud.".. (aciliti" and clinical "mces (or planned learning _."ces through obsenation and sel"'ted clinical e%perienc.. in the emergency medical tec:hnolo~ curriculum. 2. To sItar. and ...ist in th< responSIbility Cor the guidance and SUJ><lVision o( the studen.., Particularly in restricted areas. 3. The Provid.. may include m<mb<r:. o( the (aculty o( the School Board in statf meeting. wh." polici.. to "" discus.sed will al!ect or are related to the emergency medical technology P"'gtam. The Provid.. shall, at all tim.., ptovid< The School Board with Writt." notice o( the changos in policy and procedures in a timely mann..,esJ><!Cially.. such polici.. and Ptocedures reIa,. to or affect the etl1<rg<ncy medical technology program. VI. TIiE SCHOOL BOARD POUCIES: I. The educational p"'gram shaU COnsist o( no I..s th." six how. P<r week o( cl"'room instruction. labatatol)' practice and "'Peri."... in sel"'ted learning situations in hOSpitals and oth.. health ag<nci... n.. division and arrang<m."t o( time to includ< the theoretical and clin;calleaming <>peri."ces shall"" det<mtined by the (acuity, and "" based upon th< needs o( the -.. for SJ><!Cific learning <>peri<nc" to meet the objectives of the program. 2. Stud<n.. will "" assigned Cor <metg<ncy medical S<roices, clinical and pre.hOSpital <>peri.".. Monday through Sunday during th< houn o( 8 am. to 11:00 p.m. Cor 6 to 8 hour shifts. . VII. REQUEsT FOR WIlliDRAWAL OF STUDENT; 3. S-., will "" g;.." holidays .. provided for in the regular school cal<ndar. The J>atticiJ>ating Prnvid<r has th< right to requ..t the School Board to withdraw any stud."t !lom its (aciliti<s ....... Conduct or work is no~ in the t<asonable opinion of the administrator o( the EMs facility, in accordance with acceptable standards of Performance. n.. School Board may at anytime lYithdraw a stud."t wh"", progress. eonduc~ or work d<><s not meet the standard of The School Board for continuation in the program. 3 VIn. TERMINATION OF AGREEMENT: If either pony to lhio _10'" -.. to Ie_Ie lhio .;r....... without co..... at_ thirty days written notke sbalI be given by either !lOI'licipotq,g ...,." and lernDnation including w;lbdra".t of ..ud.... and faculty &om the Emerp...,y Medical ae..;."" faciJj.y sbalI 0C0Ur at I..... thirty days &om receipt of written notice. If the SdJooIBoard terminates for COIl"",_ heFein il sbalI not be liable for "'-h of COIllnIct, Ioat Jln>lIta, or other 8UdJ damage. whether CODaequenlial or iDconaequenliaJ. For ""'- ofDOlice, the Schooi Board ~tativesball be 'he Coordinator or the Adul. Vocaliona1and Community Education Ilepanq,..~ The SdJoo' Board of Palm Beach County. IX. STUDENT INSURANCE; Each "ud... will provide proof' or prof- liabili.y inaurauce ~ w;th minimum Iimita or$I.000.000~.llOO.llOO. and be e~ to be covered by 'heir own health and accident plan X. MODIFICATION OF AGREEMENT: Modification of the _... sbalI be made only u.- mu.ua1 _. or both -and . contract addendum shall be executed by both parties hereto. XI. TITLE IX AGREEMENT; The partic;paling lIpDcy _not to dioeriminale ....... "'IY"""" in "'IY _ "hataoever on account of race, creed, color, age, sex, handicap or national origin. XU. LENGTH OF AGREEMENT: xm. RENEWAL OF AGREEMENT; Thia -. will be effective for the fWaJ year Juty 1. 1993, throup June 30. 19!U. It ia the inlent or both - to review lhio _._ y-and ........ if approved by both parties. 4 XIV. COPIES OF THIS AGREEMENT: Ref) '/~_ This agreement shall be governed by the laws of the State of Florida and if any dispute arises. then venue shall be in Palm Beach County. Copies of this contractual agreement shall be submitted to the office of the State of Florida Department of Health and Rehabilitative Services. Copies of the contractual agreement shall be placed on file in the Vocational-Technical Education Department. Dated this day of ,19 CITY OF BOYNTON BEACH Agency The School Board of Palm Beach County. Florida By6l: Ad E. F. '- By Gail Bjork Chairman (SEAL) Attes~Jt~~.aI./ tlrrf' Secretary Attest Monica Uhlhorn Superintendent Reviewed: Office of General Counsel By ~..(;6~ "l."~ t' ey Revised: Mav 1. 1993 5