R09-050
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2 RESOLUTION NO. R09- 050
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE CITY
7 MANAGER AND CITY CLERK TO EXECUTE AN
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND HEALTH CAREER INSTITUTE (HCI)
10 FOR A COOPERA TIVE RELATIONSHIP TO USE
11 BONYOTN BEACH AS A CLINICAL TRAINING SITE;
12 AND PROVIDING FOR AN EFFECTIVE DATE.
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15 WHEREAS, the Boynton Beach Fire Rescue has been a clinical training site for
16 EMT and Paramedic students for many years; and
17 WHEREAS, this Agreement allows HCI students to ride with Boynton Beach Fire
18 Rescue crews to gain valuable clinical experience treating patients; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and
22 incorporated herein by this reference.
23 Section 2. The City Commission of the City of Boynton Beach, Florida does
24 hereby authorizes the City Manager and City Clerk to execute an Agreement between the
25 City of Boynton Beach and Health Career Institute, a copy of which is attached hereto as
26 Exhibit "A".
27 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA \RESO\Agreements\HCI Agreement-Fire Rescue.doc
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1 PASSED AND ADOPTED this ~ day of March, 2009.
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3 CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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S:\CA\RESO\Agreements\HCI Agreement-Fire Rescue.doc
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HEALTH CAREER INS1'l1T1'E -..;.-.".-""
Health Career Institute
(561) 586-0121 Office
(561) 586-7616 Fax
AGREEMENT
This Agreement, made and entered into on this _ by Health Career Institute and between
City of Bovnton Beach on behalf of its Fire Rescue department
hereinafter referred to as "FIRE RESCUE", and Health Career Institute 1926 10th Ave N. Suite
106 Lake Worth, Florida 33461 a public corporation under the laws of the State of Florida,
hereinafter referred to as "SCHOOL".
Whereas, the parties hereto desire to enter into a contractual arrangement providing for
education and training of students in the Paramedic and Emergency Medical Technician (EMT)
programs.
NOW THEREFORE, It Is Agreed Between The Parties As Follows:
1. The School has undertaken to educate and train students in the Paramedic and
EMT programs.
2. The programs shall be under the auspice of the School, as defined in Florida State
Statute Chapter 401 and Administrative Code 64E-2.036, Training Program.
3. This agreement shall continue for three (3) years and may be renewed annually by
the mutual consent of both parties. This agreement may be terminated by either party with or
without cause upon thirty (30) days prior written notice.
The School Further Agrees To:
1. The School hereby represents that it has complied and shall continue to comply
with all applicable Federal and State statutes and local ordinances. Further, the School shall be
solely responsible for obtaining and complying with all necessary permits, approvals and
authorizations required for the training programs which are the subject of this Agreement from
any federal, state, regional, county, or city agency.
2. Ensure that students in the Paramedic and EMT program are subject to and
comply with the rules and regulations of the School and receive the training and certification
required by Florida State Statute Section 401.2701 and Administrative Code 64E-2.036, Training
Program.
3. Ensure that students adhere to all the applicable policies and procedures
established by FIRE RESCUE to include Exposure Control Plan for Blood Borne Pathogens and
all related Infectious Control Policies.
4. Consult with the FIRE RESCUE designee selecting clinical experiences for the
students of the program. However, the School acknowledges and hereby agrees that such
clinical experiences shall ultimately be decided by FIRE RESCUE in its sole discretion and as
the circumstances may permit.
5. Provide a list of students and the dates for which such students are expected to
participate in the clinical experiences to FIRE RESCUE.
6. The School shall ensure that each student provides at his or her own expense the
following:
a. Uniforms
b. Laundry service
c. Transportation
d. Meals
e. Physical examination
f. Required immunizations
g. Hospital and medical treatment
h. Personal/private accident insurance( to cover the student in case of injury
or accident) or evidence of such protection so as to include Professional liability
insurance coverage of not less than $1,000,000.00 per occurrence and
$3,000,000.00 aggregate. Such insurance shall specifically include FIRE
RESCUE as an additional insured.
7. No student shall perform any procedure(s) on a patient unless such student has
previously demonstrated sufficient competency at such procedure(s) so as to satisfy any federal,
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state, regional, county, city and/or educational requirement(s) for the performance of such
procedure( s).
8. The SCHOOL agrees that each individual participant will be required to sign a
waiver prior to participating in the program. The waiver will provide for the participant to release
and hold the City harmless from any and all damages or injuries suffered while participating in
the program.
FIRE RESCUE Further Agrees To:
1. Provide the necessary facilities for clinical experiences for Paramedic and EMT
instruction.
2. Cooperate in the assignments of the students at FIRE RESCUE with staff of the
School, however; such assignments shall be in accordance with the Fire Rescue's established
shifts, available qualified supervisory personnel and station availability.
3. Provide liaison between the FIRE RESCUE administrator and the School EMS
Program coordinator.
Both Parties Further Agree as Follows:
1. No student shall in connection with this agreement or performance of services
hereunder have a right to or claim for any wages, salary, or any other form of compensation,
unemployment compensation, civil service or other employee rights, privileges and/or benefits
granted by operation of law or otherwise. No student shall be deemed an employee of FIRE
RESCUE, for any purpose, during the performance of services hereunder.
2. Neither party to this Agreement nor their respective officers, agents,
representatives or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other.
3. The SCHOOL, shall indemnify and save harmless and defend FIRE RESCUE, its
agents, servants, and employees from and against any and all claims, liability, losses, and/or
causes of action which may arise from any act or omission of the SCHOOL, its students, agents,
servants, or employees in the performance of services under this Contract. Nothing in this
provision shall be construed as consent by FIRE RESCUE to be sued, nor as a waiver of
sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes.
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4. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by statute
or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
5. This Agreement and any dispute, disagreement, or issue of construction,
declaration or interpretation arising hereunder whether relating to its execution, its validity, the
obligations provided herein, performance or breach shall be governed and interpreted according
to laws of the State of Florida. Any and all action necessary to enforce the Agreement will be
held in Palm Beach County, Florida.
6. FIRE RESCUE and the SCHOOL, agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties.
7. Failure of FIRE RESCUE to enforce or exercise any right(s) under this agreement
shall not be deemed a waiver of FIRE RESCUE'S right to enforce or exercise said right(s) at any
time thereafter.
8. This agreement shall not be construed more strongly against either party
regardless of who was more responsible for its preparation.
9. In the event that any section, paragraph, sentence, clause, or provision hereof is
held invalid by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
10. Neither party may assign or transfer this agreement without first obtaining the written
consent of the other party.
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AGREEMENT WITH THE CITY OF Bovnton Beach. Florida
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
Boynton Beach, Florida
CITY OF HEALTH CAREER INSTITUTE
BY~ BY: ~~ CVQI-lr.rO
(PRINT: TINA PALERMO)
CITY MANAGER: KURT BRESSNER (PRINT: PRESIDENT)
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ATTEST:
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A D AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFF IENCY CONDITIONS
BY: BY:
J esA herof
CITY A TORNEY
DATE:~
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CITY CLERK'S OFFICE
MEMORANDUM
TO: William Bingham
Chief, Boynton Beach Fire Department
FROM: Janet M. Prainito
City Clerk
DATE: March 25, 2009
RE: R09-0S0 Health Career Institute Agreement
Attached for your information and files is the fully executed agreement mentioned
above and a copy of the Resolution. Since the document has been fully executed, I
have retained the original for Central File.
Please contact me if there are any questions. Thank you.
crx- Yn . p~
Attachments (2)
cc: Central File
S:ICCIWPIAFTER COMMISSIONIDepartmental Transmlttalsl2009lChief Bingham R09-050.doc