R16-0411
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RESOLUTION NO. R16 -041
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER AND INTERIM CITY CLERK TO
SIGN AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND HEALTH CAREER
INSTITUTE, INC., (HCI) FOR A COOPERATIVE
RELATIONSHIP TO USE BOYNTON BEACH AS A
CLINICAL TRAINING SITE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Fire Rescue has been a clinical training site for
EMT and Paramedic students for many years; and
WHEREAS, this Agreement allows HCI students to ride with Boynton Beach Fire
Rescue crews to gain valuable clinical experience treating patients; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorizes the City Manager and Interim City Clerk to sign an Agreement between
the City of Boynton Beach and Health Career Institute, Inc., a copy of which is attached
hereto as Exhibit "A "..
S ection 3. That this Resolution shall become effective immediately upon passage.
S: \CC \WP\Resolutions \2016\R16 -041 HCI_ Agreement- Fire_Rescue_(2016)_- _Reso.docx
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PASSED AND ADOPTED this A4 ' "' day of 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — Justin Katz
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
/ p --
VOTE '�?
I .1\'[TEST:
XL
RiO'h A. Pyle, CMC
I twain City Clerk
(Corporate Seal)
Hc.�dl
�.
IIEALTII CAREER INSTITUTE
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 Boynton Beach Fire Rescue Department
hereinafter referred to as "FIRE RESCUE ", and Health Career Institute 1764 N. Congress
Avenue, West Palm Beach, Fl. 33409 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:
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 64J -1, Training Program.
3. This agreement shall continue for three (3) year 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, but such termination shall not be
effective as to the then enrolled students who shall have an opportunity to complete their
program.
The School Further Agrees To:
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 64J -1, Training
Program.
3. Adhere to the 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 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 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,
state, regional, county, city and /or educational requirement(s) for the performance of such
procedure(s).
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8. PUBLIC RECORDS
School shall comply with the applicable provisions of Chapter 119, Florida Statutes.
Specifically, School shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the CITY would provide the records and at a cost that does not exceed that provided
in chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the CITY, at no cost,
all public records in possession of the School upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt. All
records stored electronically must be provided to the CITY in a format that is compatible
with the information technology systems of the agency.
FIRE RESCUE Further Agrees To:
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.
4. Provide for supervision at all times of students while participating in the clinical
setting at FIRE RESCUE.
Both Parties Further Agree as Follows:
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
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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. To the extent permitted by law, 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 negligent 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.
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. If any action, whether in law, equity or otherwise is
brought for the interpretation or enforcement of this Agreement, or because of an alleged
dispute, breach, default or misrepresentation in connection with any provision of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
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
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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.
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.
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.
AGREEMENT WITH THE CITY OF
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
CITY OF
MA OR '
HEALTH CAREER INSTITUTE
Y:
Gr en, C.O.O.)
ATTEST:
APPROVED AS TO ARM AND
LEGAL SUFFICIENCY
C
CITY A
DATE:
APPROVED AS TO TERMS AND
CONDITIONS
BY: "y A /
ORI LAVERRIERE
City Manager
rol