R12-061I
RESOLUTION NO. R12 -061
-t A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE INTERIM CITY MANAGER
7 AND CITY CLERK TO EXECUTE AN AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
� HEALTH CAREER INSTITUTE, INC., (HCI) FOR A
I(1 COOPERATIVE RELATIONSHIP TO USE BOYNTON
i 1 BEACH AS A CLINICAL TRAINING SITE; AND
I� PROVIDING FOR AN EFFECTIVE DATE.
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1-� I WHEREAS. the Boynton Beach 1�ire Rescue has been a clinical training site for
I6 I--'M'V and Paramedic students for main %cars; and
17 ' WHEREAS. this Agreement allow� 1101 students to ride mth Bo\ nton Beach Fire
I8 Rescue creX \,, to wain �,aluablc clinical e\perlence treating patients: and
19 ; i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
IL
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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I f Section 1. Each �\'hercas clause set forth above is true and correct and
incorporated herein b\, this relcrernce.
I Section 2. The Citk Commission of the C'itti of Boynton Beach. Florida does
4 �i hereb\ authorises the Interim Cite Nlana`,,cr and Cit\ Clerk to e \ecute an Agreement between
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the CitN of Boynton Beach and llealth Career Institute. Inc.. a copy of \4hich is attached
26 w hereto as 1- : \hibit "A ".
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27 Section 1.
That this Resolution shall become effective immediately upon passage
DoCUnlCnt iii \1 nu1ox\" Intem t I "rlowl
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I PASSED AND ADOPTED this 17"' daN 01'JUIN. 2012.
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ATTI S I
23 j Jan t M. Prainito. MMC
24 11 Y
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2 71 0 r e Seal
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Documcnt in "indox\-, Internet I \ploicr
CITY OhBOYNTON Bt-.ACII. FLORIDA
MaN or — Wo \k
, --V4de Mayor - Mack McCra\
Comm
Commis * er te\en Hol at
Zommissioner — Marlene Ross
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Rl - NOI
HEALTH CAREER INSTITUTE
Health Career Institute
(�61 ) 586 -0121 ( )fficc
(�61) 586 -7616 Fa\
AGREEMENT
1'his Agreement, made and entered into on this bx Health Career Institute, Inc.. and
betNreen Cite of Bovnton Beach on behalf of its Fire Rescue department hereinafter
referred to as "FIRE RESCtJF.". and I-lealth Career Institute, Inc.. 1926 10`' .1\c N. Suite 106
Lake Worth. Florida 3 a public corporation under the la of the State of Florida.
hereinafter referred to as "SCHOOL''.
Whereas. the parties hereto desire to enter into a contractual arrangement prox 1ding for
education and training of students in the Paramedic and Lmergenc% Medical Technician (F I'I )
programs.
NOW THEREFORE, It Is Agreed Bet- een The Parties As Folio" s:
1 "l he School has undertaken to educate and train students in the Paramedic and
ENI1 programs.
_'. The programs shall be under the auspice of the School, as defined in Florida State
Statute Chapter 401 and Administratixe Code 64J- 1.020. Training Program.
This agreement shall continue for three (3) Nears. Fhis agreement may be
terminated by either party xNith or without cause upon shirt\ (30) days prior xNritten notice.
The School Further Agrees To:
1 I he School hereh} represents that it has complied and shall continue to compl}
xkith all applicable Federal and State statutes and local ordinances. Further, the School shall be
solely responsible for obtaining and complying kk ith all necessary permits, appro als and
authorizations required for the training programs v- xhicli are the subject ol' this Agreement from
anv federal, state, regional. county, or crt% agenc\ .
�. Ensure that students in the Paramedic and EM T program are subject to and
comply with the rules and regulations of the School and receive the trainino and certification
required by Florida State Statute Section 401_ and Administratike Code 6-4.1 - 1.010. Training
Program.
Ensure that students adhere to all the applicable policies and procedures
established b-, FIRE RESCUE to include Exposure Control Plan for Blood Borne Pathogens and
all related Infectious Control Policies.
4. Consult with the FIRF RESC'UF designee selecting clinical experiences for the
students of the program. Howe-k er. the School acknox ledges 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: RESCI)1.
6. the School shall provide the fol love mn
INSURANCE
• It shall he the responsibility of Health Career Institute. Inc., (HC'I ), or its student. to
maintain professional liability insurance and personal / private accident insurance. to coyer
the student in case of injury or accident.
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This insurance shall be secured and maintained in force, throughout the duration of this
contract. general and professional liability insurance with a minimum coverage of
$1.000,000 per occurrence, $3,000,000 aggregate for personal and /or property damages.
and. $1.000,000 per occurrence /aggregate for personal /private accident /injury insurance.
• Said liability policies shall name the Cit% of Boynton Beach as an additional insured and
shall include a provision prohibiting cancellation of said policy except upon thirty (30)
da\ s prior N ritten notice to the City.
• HCI shall furnish the City xA ith a certificate of insurance for each student prior to the start
of this program with the C'itN Said insurance companies must be authorized to do
business in the State of Florida and the Cite will not accept any company that has a rating
less than B- in accordance A ith A.M. Best's Key Rating Guide, latest edition.
• Reference Insurance Advisory Form (.Attachment A) for additional types of insurance
and limits required. The City reser the right to require additional t',pes of insurance.
or to raise or lower the stated limits. based upon identified risk.
7. '1 he school will ensure that each student provides at his or her oNvn expense the
tollov6ng:
a. Uniforms
h. f,aundry ser\ ice
C' Transportation
d. Meals
C. Physical examination
1'. Required immunizations
Hospital and medical treatment
8. No student shall perform an} procedures) on a patient unless such student has
previously demonstrated sufficient competenc\ at such procedure(s) so as to satisfy anN federal.
state, regional. county, city and /or educational requirement(s) for the performance of such
procedure(s).
FIRE RESCUE Further Agrees To:
1. Provide the necessar•v facilities for clinical experiences for Paramedic and EMT
instruction.
2. Cooperate in the assignments of the students at FIRE RESO T \\ ith staff' of the
School, however; such assignments shall he in accordance NNith the Fire Rescue's established
shifts. aN a] table qualified supervisory personnel and station ax ailability .
Provide liaison bemeen 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 serN ices
hereunder have a right to or claim for any N�ages. salary. or any other form of compensation,
unemployment compensation. civil service or other employee rights, privileges and.'or benefits
granted by operation of lav, or other%\ ise. No student shall he deemed an emplo\ ee of FIRE.
RESCI IF. for any purpose, during the performance of sere ices hereunder.
?. Neither party to this Agreement nor their respective officers. agents,
representatives or employees shall be deemed to have assumed any liabilit\ for the negligent or
xN rongful acts or omissions of the other.
3.
The SCHOOL, shall indemnifN and save harmless and defend FIRE, RESCUE. its
agents, servants. and employees from and against am and all claims. liabilit\. losses. and /or
causes of action xthich may arise from an} act or omission of the SCf100L. its students, agents,
servants, or employees in the performance of ser\ ices under this Agreement. Nothing in this
proxision shall be construed as consent b\ EIRE RF,SC'UF to be sued, nor as a \�ai�er of
sovereign immunity beyond the v�ai\er provided in Section 708.28, Florida Statutes,
4 No remedy herein conferred upon any part} is intended to be exCIu51Ne of any
other remed\, and each and e�ery such remedy shall be cumulati�e and shall be in addition to
every other remedy given hereunder or no« or hereafter existing at la\� or in equity Or b\ statute
or other\Nise No single or partial exercise b�, any party of an` right. poxAer, or reined\ hereunder
shall preclude an- other or further exercise thereof
I'his ,agreement and any dispute. disagreement. or issue of construction.
declaration or interpretation arising hereunder «hether relating to its execution. its validit\. the
obligations prox ided herein. performance or breach shall be governed and interpreted according
to la\Ns of the State of Florida. Am and all action necessary, to enforce the Agreement �o tll be
held in Palm Beach Count. Florida.
6. 1, IRF, RESCUE and the SCHOOL. agree that this Agreement sets torth 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 ma\ be
added to, modified, superseded or other\Nise altered, except by v ritten instrument executed by
the parties
7. Failure of FIRE RFSCEJE to ernlorce or exercise any right(s) under this agreement
shall not be deemed a vvaiver of FIRE RESCE]"S rioht to enforce or exercise said right(s) at any
time thereafter.
8. 'l his agreement shall not be construed more strongly against either party
regardless of "ho was more responsible for its preparation.
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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 \�rthout first obtaining the
written consent of the other party.
AGREEMENT WITH THE CITY OF Boynton Beach, Florida
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
ATTES] :
By: __
Corporate Secretary
ATTEST:
i "7
Ia et M. Prainito. MMC, City Clerk
APPR
James
I- IFALTH CAREER INSTITt ATE_;. IN('
BY:
Tina Palermo
President
CITY OF BOYNTON BEACH. FLORIDA
Lori LaVerriere
Interim Cite 1V4ana(.:cr
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Gii a;n
a v
J- �P
ti r0M
CITY CLERK'S OFFICE
MEMORANDUM
TO: James Cherof
City Attorney
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 18, 2012
RE: Agreements AoDroved by City Commission July 17, 2012
Attached is the agreement that was approved by the City Commission at their regular meeting
held on July 17, 2012. Please review, sign and return to me for further processing. Thank you.
RESOLUTION NO.OF
# DOCUMENTS
DESCRIPTION
R12 -059 1 Ground Lease Agreement with MetroPCS to
allow for ground equipment and co- location on
the existing Telecommunications tower at Hester
Park
R12 -060 1 Broker Agreement for the Renewal of the current
insurance programs
R12 -061 1 Agreement with Health Career Institute, Inc. (HCI)
for a cooperative relationship to use Boynton Beach
as a clinical training site.
11112 -062 1 Purchase Agreement for the purchase of property
owned by Andrew Luchey and Gail Luchey.
R12 -064 1 Accepting the Edward Byrne Memorial Justice
Assistance Grant Program (JAG) for the holiday
deployment operation and purchase of tasers.
Attachments
S. \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2012 \07- 17- 12.doc
The City o Bo
July 31, 2012
HCI
Attention: Ms. Tina Palermo, President
5033 Okeechobee Blvd
West Palm Beach, FL 33417
Dear Ms. Palermo
Attached for your handling is a partially executed agreement and a copy of the
Resolution mentioned above. Once the agreement has been signed, please return the
original to the City Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
L/n
J et M. Pr
ainito, MMC
City Clerk
Attachments
Cc: Mike Landress, Fire Rescue
Us
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -061 HCI BB Faire
Rescue. doc
America's Gateway to the Gulfstream
The City o Bo
July 31, 2012
HCI
Attention: Ms. Tina Palermo, President
5033 Okeechobee Blvd
West Palm Beach, FL 33417
Dear Ms. Palermo
Attached for your handling is a partially executed agreement and a copy of the
Resolution mentioned above. Once the agreement has been signed, please return the
original to the City Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
L/n
J et M. Pr
ainito, MMC
City Clerk
Attachments
Cc: Mike Landress, Fire Rescue
Us
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -061 HCI BB Faire
Rescue. doc
America's Gateway to the Gulfstream