R18-0151
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RESOLUTION NO. R18 -015
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO SIGN AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES FOR EDUCATION AND
CLINICAL TRAINING; AND PROVIDING AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the 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 to enter into an Agreement between the City of Boynton Beach
and Florida Atlantic University Board of Trustees for the education and training of students
and residents in the Charles E. Schmidt College of Medicine (the "College of Medicine "),
including medical students visiting the College of Medicine from other medical schools both
within and outside the United States (collectively referred to herein as the "Participants "),
said Agreement being attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2 . The Mayor and City Clerk are hereby authorized to execute an
Agreement between the City of Boynton Beach and Florida Atlantic University Board of
Trustees for the education and training of students and residents in the Charles E. Schmidt
College of Medicine, including medical students visiting the College of Medicine from other
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accredited medical schools both within and outside the United States, (collectively referred
to herein as the "Participants "), said being attached hereto as Exhibit "A."
Section 3 . That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this 6t day of February, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
y
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
Judi A. Pyle, CMC
Ci Clerk
(Corporate Seal)
EXHIBIT A
AGREEMENT
THIS AGREEMENT, made and entered into by and between the Florida Atlantic University
Board of Trustees, 777 Glades Road, Boca Raton, Florida 33431, a public body corporate of the
State of Florida, hereinafter referred to as 'BOARD" and the City of Boynton Beach, 100 E.
Boynton Beach Boulevard, Boynton Beach, FL 33435 -0310, hereinafter referred to as "CITY"
WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for the
education and training of students and residents in the Charles E. Schmidt College of Medicine
( "College of Medicine ") including medical students visiting the College of Medicine from other
accredited medical schools both within and outside the United States (collectively referred to
herein as the "Participants "); and
WHEREAS, The BOARD, operating as Fiorida Atlantic University, is a duly accredited institution
that has received full accreditation from the Liaison Committee on Medical Education for its
undergraduate medical education program within the College of Medicine; and
WHEREAS, the BOARD, in its medical educational program, has responsibility for the training of
students, resident physicians and post - graduate trainees who require clinical education in
various medical disciplines to complete their professional development; and
WHEREAS, the BOARD requires that all students who rotate clinically must pass a level 2
background check (including fingerprints) and a drug test; and
WHEREAS, the BOARD will provide the CITY with a proof of satisfactory background check
clearance prior to each Participant commencing a ride along pursuant to this Agreement.
NOW, THEREFORE, it is agreed between the parties hereto as follows:
1. TERM AND TERMINATION.
a. This Agreement is effective as of the last date signed below. This Agreement will
continue for three (3) years from the effective date unless terminated sooner.
b. This Agreement may be renewed at the end of the initial three (3) year term by
the mutual written consent of the Parties for subsequent annual periods, unless
otherwise terminated pursuant to the terms herein.
c. In the event that either Party desires to terminate the arrangement prior to the
completion of the three (3) year period or the completion of any subsequent
100213010.2 306-9001821) Page 1 of 4
renewal period, notice is to be given by the party desiring to terminate to the
other party in writing, but such termination shall not be effected until such time
as all then enrolled Participants have had an opportunity to complete their
prescribed program, although new enrollees shall not be accepted after receipt
of notice of termination.
2. In the event that any action, suit or proceeding is commenced with respect to the
interpretation or enforcement of this agreement, the prevailing party in such action,
suit, or proceeding shall be entitled to recover all costs, expenses and fees including,
without limitation, reasonable attorney's fees, incurred by such party in connection
therewith) in addition to any other relief to which such party or parties may be entitled.
The recovery of any funds as specified in this paragraph is subject to the limitations of
any and all applicable laws, including but not limited to Fla. Stat. §768.28.
FURTHER, THE BOARD agrees to:
1. Identify Participants for clinical experiences at the CITY's Fire Department, including
ambulance ride - alongs.
2. Select a qualified faculty for didactic training of Participants.
3. Provide a College approved course of study for the clinical experiences.
4. Consult with the designated staff of the CITY's Fire Department in selecting clinical
experiences for the Participants. A list of Participants and their dates of attendance at
the CITY's Fire Department will be provided to the CITY's Fire Department by the College
of Medicine.
5. Provide supervision for its Participants (this does not include supervision during ride
alongs).
6. Adhere to the Policy and Procedures established by the CITY's Fire Department to
include the Exposure Control Plan for Bloodborne Pathogens and any and all related
OSHA and Infection Control Policies.
7. Cooperate with the CITY's Fire Department staff in all matters pertaining to the clinical
experiences contemplated hereunder.
8. Comply with any and all public records laws, including but not limited to Chapter 119,
Florida Statutes.
a. Ensure that all public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except where required by law.
9. Obtain and maintain occurrence -type professional liability insurance coverage in
amounts not less than $1,000,000.00 per incident, with no annual aggregate limit,
covering students; and insurance coverage for the Board, both as described on the
attached Certificates of Liability Protection.
a. The BOARD shall provide a certificate of insurance to the CITY evidencing such
insurance coverage. Should any of the above described policies be cancelled
(00213010.2306- 9001921) Page 2 of 4
before the expiration date thereof notice will be delivered in accordance with
the policy provisions.
10. Require that each Participant at his /her own expense provide the following:
a. Uniforms
b. Meals
c. Laundry Service
d. Transportation
e. Physical examination and immunizations
f. Hospital and medical care
g. Medical /health insurance.
FURTHER, CITY agrees to:
11. Provide necessary facilities for clinical experiences at the CITY's Fire Department,
including ambulance ride - alongs.
12. Allow the Participants to accompany CITY staff on ride - alongs to observe clinical care.
13. Provide on -site oversight /supervision for Participants during the ride alongs.
14. Cooperate in the assignment of Participants in the CITY's Fire Department.
15. Provide suitable area at CITY's Fire Department for conferences and group training
programs for Participants.
16. Cooperate in obtaining guest lecturers from CITY staff on request of the BOARD's
Participant supervisor.
FURTHER, BOTH PARTIES agree to:
17. RESPONSIBILITY AND LIABILITY Each Party agrees to be responsible for its own
negligent acts or omissions, and the negligent acts or omissions of its officers,
employees, servants, and agents when acting within the scope of their employment,
agency, or pursuant to this Agreement, and agrees to be liable for any damage or injury
resulting from said negligent acts or omissions. Nothing contained herein shall be
construed or interpreted as:
a. Denying to any Party any remedy or defense available to such Party under the
laws of the State of Florida;
b. The consent of the Florida Atlantic University Board of Trustees, its affiliates, the
Board of Governors, the State of Florida or any of their respective officers,
employees, servants, agents, agencies, political subdivisions, or public bodies
corporate to be sued;
c. The consent of the City of Boynton Beach, its Commissioners, Administrators,
attorneys, Fire Department Staff, affiliates, officers, employees, servants, or
agents to be sued;
d. A waiver of sovereign immunity of either Party beyond that provided in Section
(00213010.2 306-90019211 Page 3 of 4
768.28, Florida Statutes;
e. Constituting a hold harmless agreement on the part of the City of Boynton Beach
or the BOARD.
FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES
(SEAL)
Y
Diane Elias Alperin, PhD., • for Advisor, Academic Affairs
Date: l - (
by Charlesf. Schmidt College of Medicine
Approved as to legal form:
Name: Mill . Boiselle, MD
Title: Dean Professor, Charles E. Schmidt College of
Medici e
Date:
CITY OF BOYNTON BEACH
Approved as to Forum
111W 11f and Legality
General Counsel
OJI F " forida Atlantic University
By
Name: Lori LaVerriere, City Manager
Date Z j t =-- ? y,
4 0y Attorney
(00213010.2308A001821) Page 4 of 4
F. LU.
MWOM llls'NEIINEIIIIIN"llilill���ilimilloomm
Florida Atlantic University
College of Medicine Self - Insurance Program
Respond to:
P.O. Box 112735
Gainesville, Florida 32211 -2735
Tel (352) 273 -7006 / Fax (352) 273 -5424
CERTIFICATE OF LIABILITY PROTECTION
Florida Atlantic University Charles E. Schmidt College of Medicine
This memorandum provides a summary of the professional and patient general liability protection for claims and actions which arise from the acts or
omissions of Florida Atlantic University Charles E, Schmidt College of Medicine ( FAUCOM) health care faculty, residents, and employees while
acting within course and scope of their employment, and /or FAUCOM students while in an approved FAUCOM course of study or training program.
A full description of the terms and conditions of the protections noted herein can be obtained from the administrative office of the Florida Atlantic
University College of Medicine Self - Insurance Program (FAUSIP), a self - insurance program created pursuant to the authority of section 1004.24,
Florida Statutes.
The FAUCOM is a component ofthe Florida Atlantic University Board of Trustees ( FAUBOT), To the extent the State of Florida has partially waived
its immunity to tort claims as described in section 768.28, Florida Statutes, the FAUBOT is protected for a professional or patient general liability
claim or judgment by any one person in a sum not exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000), and for total claims or judgment
arising out of the same incident or occurrence in a total amount not exceeding THREE HUNDRED THOUSAND DOLLARS ($300,000), without an
annual aggregate, such protection being provided by the FAUSIP. Additional protection is provided by the FAUSIP for total professional or patient
general liability claims or judgment arising out of the same incident or occurrence up to ONE MILLION DOLLARS ($1,000,000), without an annual
aggregate and inclusive of the statutory limits described above, for any loss in excess ofthe statutory limits of liability which is assigned to the FAUBOT
by action of the Legislature and Governor of the State of Florida.
Individuals and entities protected by the FAUSIP who are not subject to the immunity as described in section 768.28, Florida Statutes, are provided
professional and patient general liability protection for total claims or judgment arising out of the same incident or occurrence up to a liability limit of
ONE MILLION DOLLARS ($1,000 without an annual aggregate, with such protection being provided by the FAUSIP.
Students of the FAUCOM, while participating in a pre - approved course of study or training program, are provided professional and patient general
liability protection for total claims or judgment arising out of the same incident or occurrence up to a liability limit of ONE MILLION DOLLARS
($1,000,000), without an annual aggregate, with such protection being provided by the FAUSIP.
All liability protection described herein will respond to any claim or action arising from negligent acts or omissions on an OCCURRENCE basis,
subject to applicable statutes of limitation and repose.
Professional liability actions filed against the FAUBOT pursuant to section 768.28, Florida Statutes, are subject to section 766.112(2), Florida Statutes,
which provides that any judgment against the FAUBOT for medical malpractice actions shall be on the basis of the FAUBOT's comparative fault and
not on the basis of the doctrine of joint and several liability and that the sole remedy available to a claimant to collect damages allocated to the FAUBOT
shall be pursuant to section 768.28, Florida Statutes.
This Certificate of Liability Protection does not amend, alter, or modify the protection afforded by the FAUSIP and is not fully descriptive of
all conditions and restrictions. Further, the FAUSIP is prohibited from adding as "insureds" or "protected entities" any individual or entity not
described in section 1004.24, Florida Statutes, or other statute specifically authorizing their protection, nor can their protection be contractually extended
to non- insureds or non- protected entities through indemnity or save - and -hold- harmless or similar agreements.
Certificate Coverage Period: July 1, 2017 — June 30, 2018
Lynette M. Belforti
Operations and Underwriting Officer
State University System of Florida
Board of Governors Self - Insurance Programs
April 10, 2017
Respond to:
P.O. Box 112735
F.4 oLU. Gainesville, Florida 32211 -2735
Tel (352) 273 -7006 / Fax (352) 273 -5424
Florida Atlantic University
College of Medicine Self - Insurance Program
CERTIFICATE OF LIABILITY PROTECTION
PROTECTED GROUP: Students of the Florida Atlantic University Charles E. Schmidt College of Medicine and Christine E. Lynn
College of Nursing.
The Board of Governors of the State of Florida, pursuant to the authority of § 1004.24, Florida Statutes, and BOG Regulation 10.001,
has created the Florida Atlantic University College of Medicine Self- Insurance Program (FAUSIP) to provide .commercial
patient general liability protection, including professional liability protection, for the Florida Atlantic University Board of
Trustees and its Florida Atlantic University operations. This coverage includes protection of Florida Atlantic University students
while engaged in pre- approved course of study or training programs of the following colleges:
Charles E. Schmidt College of Medicine
Christine E. Lynn College of Nursing
COVERAGE LIMITS:
Patient General Liability: $ 1,000,000 per occurrence, without an annual aggregate
Professional Liability: $ 1,000,000 per occurrence, without an annual aggregate
COVERAGE TYPE: Occurrence
This Certificate of Liability Protection does not amend, alter, or modify the protection afforded by the FAUSIP and is not fully
descriptive of all conditions and restrictions. Please inquire directly with the undersigned for additional information, if required.
Certificate Coverage Period: July 1, 2017 — June 30, 2018
Lynette M. Belforti
Operations and Underwriting Officer
State University System of Florida
Board of Governors Self - Insurance Programs
April 10, 2017