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R91-91RESOLUTION NO. R91-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND' CITY OF BOYNTON BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION; SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the participating agencies have mutually ~greed that the City of Boynton Beach, through the ?ire-Rescue Training Division, will accept emergency medical ~echnology/EMT students from the vocational-technical ~ducation programs for supervised learning experiences in ~he care of patients in accordance with the attached ~greement; and WHEREAS, it has been deemed by the City Commission of ~he City of Boynton Beach to be in the best interests of the r~sid~nts of the City of Boynton Beach to execute the said %greement, which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION T~E CITY OF ~OYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes the Mayor and City %lerk to execute a certain Agreement between The School Board of Palm Beach County and the City of Boynton Beach ~hich Agreement is attached hereto as Exhibit "A" and made a ~art hereof. section 2. This Resolution shall take _mmediately upon passage. PASSED AND ADOPTED this ~ day of June, 1991. effect CITY OF BOYNTON BEACH, FLORIDA Mayor /. Vice M~ayor ~ Co~i s s loner- ~TTEST: [to~orate Seal] ~UT~SIGJD~C ~MS/TRN. 5/30/91 .oner AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CITY OF BOYNTON BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION II. III. PARTICIPATING AGENCIES: The participating agencies in this agreement are The School Board of Palm Beach County, Florida, hereinafter called the "SCHOOL BOARD," and The Cqtv of Bovnton Beach hereinafter called the EMS "PROVIDER." STATEMENT OF AGREEMENT: This is a mutual agreement between the administratibn of the Provider and The School Board of Palm Beach County, Florida, that the EMS Provider will accept emergency medical technology/EMT students from the vocational-technical education programs for supervised learning experiences in the care of patients in accordance with the provismns 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 ro the State Plan for Vocational Education of the State Deparrmant of Education and Palm Beach County School Board policies and procedures; and Whereas the parties hereto .recognize that interest m promoting those educational gsals and objectives of the State Department of Education and the Palm Beach Gounty School Board which further excellence m emergency medical services; and Whereas the Provider desires to provide the necessary Emergency Medical Serv/ces facility for observation and selected clinical experiences to assist this progEam both parties therefore agree, in consideration of the mutual covenants and agreements expressed herein, as follows: GENERAL PROVISIONS OF THE AGREEMENT: 1, The education of the student shall be the primary purpose of the training program. 2, The School Board shall be responsible for the education of the student. The School Board shall be responsible for selecting [earning experiences for the students with the assistance and cooperation of the EMS Provider personnel. The Emergency Medical S~rvices 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. The Provider agrees ro accept a maximum number of twenty students and four classes per year for observational and selected clinical experiences. -1- 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 Course 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 conform to Chapter 10D-66.58 (3) (e) and (0 3. Rules of Department of Health and Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKILLS as outlined in Chapter 10D-66.56 (1) of HRS Emergency Medical Services Rules~ 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 Bb~rd with all applicable established policies and practices of the EMS facility. The School Board recognizes ks liability for certain rortious acts of its agents, officers, and employees to the extent and limit provided in 768.28, Florida Statutes, The Stare 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 end reserve all such rights as against any and ail claims that may be brought under this agreement. The Emergency Medical Services Provider will be liable for any acrs or omissions of its employees. Nothing contained herein shall be deemed a waiver sovereign [rnmunity pursuant to Florida Statutes 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 nor employees, servanrs~ or agents of the Providers but rather: 1) the students are students of the School Board, and 2) the faculty are employees oft_he School Board. ,There are no third party beneficiaries of or to this Agreemeur. THE SCHOOL BOARD'S RESPONSIBILITY: To maintain standards recommended in the State Plan for Emergency Medical Technology Education of th~ State Deparunent of Education and standards and procedures as outlined in the Florida Administrative Code of the Florida Department of Health and Rehabilitative Services. 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 ~or: a. Selecting assignments m cooperation with EMS personnel and supervismg students in their learning experiences. b. Planning for concurrent related instruction (informal and formal classroom) as needed ro meet the objectives of the program. This instruction will be scheduled during the -- regular hours of the program. -2- c. Maintaining individual records of class and clinical instruction, emergency medical technology practice, and evaluation of student competency and health. d. Prepazing a clinical rotation plan for services ro be used for experience and securing the written approval of the plan from the Director of the Emergency Medical Services facility prior to the beginning of the affiliation. Before any material changes are made in the plan, they will be discussed and approved in writing by the Director of the Emergency Medical Services facility. THE EMERGENCY MEDICAL SERVICES FACILITY'S RESPONSIBILITY: To make available to faculty, and students facilities and clinical services for planned learning experiences through observation and selected clinical experiences in the emergency medical technology curriculum. To share and assist in the responsibility for the guidance and supervision of the students, particularly in restricted areas. 3o The Provider may include members of the faculty of the School Board in staff meetings when policies ro be discussed will affect or are related ro the emergency medical technology program. The Provider shall, at alt times, provide The School Board with written notice of the changes in policy and procedures in a timely manner; especially as such policies and procedures in a timely manner, especially as such policies and procedures relate to or affect the emergency medical technology program. THE SCHOOL BOARD POLICIES: The educatiqnal program shall consist of no less then six hours per week of classroom instruction, laboratory practice and experiences in selected, learning situations in hospitals and other health agencies. The division and arrangement of time to include the theoretical and clinical learning experiences shall be determined by the faculty, and be based upon the needs of the students for specific learning experiences ro meet the objectives of the program. Students will be assigned for emergency medical services, clinical and pre-hospital experience Monday through Sunday during the hours of 8 a.m. to 11:00 pan. for 6 to 8 hour shifts. 3. Students will be given holidays as provided for in the regular school calendar. REQUEST FOP, WITHDRAWAL OF STUDENT: The participating Provider has the right to request the School Board £o withdraw any student from its facilities whose conduct or work is not, in the reasonable opinion of the administrator of the EMS facility, in accordance with acceptable standards of performance. The School Board may at anytime withdraw a student whose progress, conduct, or work does nor - meet the standard of The SchooI Board for continuation in the program. -3- III. TERMINATION OF AGREEMENT: least thirt~ days written If either party to this agreemanr wishes ro terminate this agreement, ar including withdrawal of notice shall be given by either participating agency, and termination students and faculty from the Emergency Medical Services facility shall occUr at least thirty days from receipt of written notice. For purposes of notice, the School Board representative shall be the Director of the Vocational-Technical Education Department, The School Board of Palm Beach County. STUDENT INSURANCE: Each student will provide proof of professional liability insUrance coverage with minimum Ih-nits of $500,000/$1,000,000, and be encouraged to be covered by their own health and accident plan. MODIFICATION OF AGKE~vlENT: Modification of the agreement shall be made only upon mutual consent of both parries and a contract addendum sh011 be executed by both parries hereto. TITLE IX AGREEMENT: The participating agency agrees nor ro discriminate against any trainee m any manner whatsoever on account- of race, creed, color, age, sex, handicap or national origin. LENGTH OF AGREEMENT: This agreement ~_qill be effective for the fiscal year July 1, 1991, through June 30, 1992. XItI. RENEWAL O~ AGREEMENT: It is the intent of both parties to review this agreement each year and renew if approved by both parties. COPIES OF THIS AGREEMENT: Copies of this contractual agreement shall be submitted ro 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 Vocauonal-Technical Education Department. Dated this _day of Agency By_ Administrator The School Board of Palm Beach Count~, Florida Lynda M. Johnston Chairman (SEAL) Attest Secretary At~est Thomas J. Mills Superintendent Reviewed: Office of General Counsel By -5- AGBRRMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CIIY OF BOYNION BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION II. III. PARTICIPATING AGENCIES: The parcicip~ting agencies in this a~raement are The School Board of Palm Beach County, Florida, hereinaffer calle~l the "SCH.O~O~L BOAP~D," and The Ci tv of Bovnton Beach h4~ein~fte~ C:alied the'EMS PRoVIDEtL; STATEMENT OF AGREEMENT: Tlii~. ~s ~ mum~ agreement between the administration of the. Provider and The School Board .of Pal~ ~B~ch'~ty;:Florkla, that the EMS Prowder ~nll accept emergency medical technology/EMT tl'i~:c~r~i of I~Ogr~g in ~aecord~inee with the provisions set forth in this agreement. ~ ~Whgreas the~ p, arties here;o recognize that the School Board is in need of health care facilities m tra~'~V0ca~ edUeafi0n s~udents in the area of emergency medical technology education p~kl~t t6 ;~{e state plan f6r Vocational Education of the Stdte Department of Education and Palm Beach County School B6ard policies and procedures; and  ereas the parde~ ~herero ~ecogr~ize that interest in promoting those educational goals and ectives of~ .t~.~e stg;~ Depk~ent of Education .and the_Palm Beach Cbunty School Board which er exce,~ence in emerg~ficy medical services; and Whereas the Provider desires ro provide the necessary Emergency Medical Services facility for observation and selected clinical experiences to assist this program both parties therefore agree, in eonslderation of the mutual covenants and agreements expressed herein, as follows: GENERAL PROVISIONS OF THE AGREEMENT: 1. The education of the student shall be the primary purpose of the rTammg program. 2. The School Board shall be responsible for the education of the student. 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 Provider agrees to accept a maximum number of twenty students and four classes per' year for observational and selected clinical experiences. -1- c. Maintaining individual records of class and clinical instruction, emergency medical technology practice, and evaluation of student competency and health. ck preparing a clinical rotation plan for services to be nsed for experience and securing the written approva! of the plan from the Director of the Emergency Medical Seawsces facility prior tO the beginning of the affiliation. Before any material changes are made in Uae plan, they will be discussed and approved in writing by the Director of the Emergency Medical Services facility. THE E1V~KGENCY MEDICAL SERVICES FACILITY'S RESPONSIBILITY: To make available to faculty and students facilities and clinical services for planned learning experiences through observation and selected clinical expenances m the emergency medical technology curriculum. To share and assist in the responsibility for the guidance and supervision of the students, particularly in restricted areas. The Provider may include members of the faculty of the School Board in staff meetings when policies re be discussed will affect or are related to the emergency medical technology program. The Provider shall, at all rimes, provide The School Board with written notice of the changes in policy and procedures in a timely manner,- especially as such policies and procedures in a timely manner, especially as such policies and procedures relate to or affect the emergency medical technology program. THE SCHOOL BOARD POLICIES: The educational program shall consist of no less then six hours per week of classroom instruction, laboratory practice and experiences in selected learning situations in hospitals and other health agencies. The division and arrangement of time to include the theoretical and clinical learning experiences shall be determined by the faculty, and be based upon the needs of the students for specific learning experiences re meet the objectives of the program. Students will be assigned for emergency medical services, clinical and pre-hospital experience Monday through Sunday during the hours of 8 a.m. re 11:00 p.m. for 6 to 8 hour shifts. 3. Students will be given holidays as provided for in the regular school calendar. REQUEST FOR WITHDRAWAL OF STUDENT: The participating Provider has the right to request the School Board to withdraw any student from its facilities whose conduct or work is not, in the reasonable opinion of the administrator of the EMS facility, in accordance with acceptable standards of performance. The School Board may ar anytime withdraw a student whose progress, conduct, or work does not meet Uae standard of The School Board for continuation in the program. COPIES OF THIS AGREEMENT: Copies of this contractual agreement shall be submitted ro the office of the Sra~e of Florida Deparanent of Health and Rehabihkative Services. Copies of the contractual agreement shall be placed on file in the Vocational-Technical Education Dated this _day of ,19 The School Board of Palm Beach County, Florida Agency By By. Lynda M. Johnsron Administrator Chaurman (SEAL) Attest Thomas J. Mills Secretary Superintendent Reviewed: Office of General Counsel ATTEST,: CITY C!,ERK -5- CITY OF ~OYNTON BEACH ;IRI%INE WEINER, MAYOR APPROVED/AS z~6 FORM: -i~RMINATIoN OF AGP~EM~N~: - at least thirty days wri~en~ · eemen~ ' awa~ ' es to tecmar · on ~nciud~g . · - ~ m ~'s a~e~ent w~sh -'~ a~ ncy, ~d termma~ . k~,~ at least ~ days ei~er P~ ~- - ~ · a~icipaUU~ u~ ~ .' ' '1i sma~ o~ ~ a~ be If .~' ~. ~ ~ ~ 'by eider P -~aic 1Se~ces fac~ W _ a r~esentat~ve sh nonce snm~ ~ ~, ~ the EmergenCy ~v~ -- ~ ~;~ ~e Schoo~ ~oa[- ~ 5- ~a a~ Pa~ Beach ~. ~ and facm~ ~ =~ ~u~os~ o~ ~, ~ ~ receipt of ~en n?~c,-~ ~cal Educanon Depa~ Co~W. INS~ overage ~E~ .- ~ ~ceC . ent S ' .... r~s~onal habihW ~ur ~ ..... he~ and acC~d P ' rovide proot o~ p~ .... b covered by Each s~den} wi~.~ and be enCOuraged to _e of $500,000/~1 uuu,~, ~ ~ODIFI~TION OF AGREE~NT: Mod~ca~on of ~e a~eemen~ shall be ~de only upon mum~ consent of both pa~es and a con. Ct addendum shall be executed by bo~ pa~es ~here~o. Theon accost p or' race, creed, color, age, seX, h~di~p or ~NGTH OF AG~EMENT: ~ a~eemen~ w~l be effec~ve for ~e fiscal year July 1, 199% throUgh J~e 30, 1992. RENEW~ OF AGREEMENT: It is me inten~ of both pa~ies ~o renew this agreemen~ each year ~d renew if approved by bo~ pa~ies. -4- Students will be involved chiefly in learning experiences through observation; however, in order to conform co the requirements of the Florida Department of Education Program Course Standards and the Department of Health and Rehabilitative Services Rules, didactic instruction reinforced iff the clinical area will be offered by the Provider. Any such cmo~ftr~o f t~o~n~ I~ ~S~ b~ s~p~ed by,tr .an?d au~onzed instructors and such instruction shall raorm co ~napter 20D-66.58 (3) (e) and (fi 3. Rules of Department of Health and Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKILLS as outlined in Chapter 10D-66.56 ~1) of FIRS Emergency Medical Services Rules. The School ~oard agrees to comply with the applica-ble established pol'icies and practices of r2~,~,e~ En~,,rge~cy Medical S~vices Provider. 'The Provider shall 15e ~:kSb6nsible for proxaumg the School Board with ail aPPlicable established policies hnd practices of the EMS facilitY. The School Board recognizes its liability for certain rortious acts of irs agents; officers, and ernptb~ees'to the extant anti limit provided in:765.~8, Flbrida:SiatUfes, ~he State of Fl,ofidla~s P~'.rt. ia~ Waiver of sovereign im~unity, pro~i~ie~i~, hbwever, this p~o~sibn shall not be constru6d as a waiver of an~/right of defense that the :Board may pobstess and reserve 'alt such ~ts as'against any and all claims that may be brought ~n~er~'t~is, agreement. The Emergency Medical Services Provider wilt be liable for any acts or omissions of its employee~. I~othing Contained herein shall be 'deemed a waiver so~ere/gn immunity pursuant to Florida Statutes Section 768.28. 10. The Emergency Medical Services Provider is an independent contractbr and not agents, emPloYees, partners, associates, or joint ventUres of th~ Board. The ~tudents and faculty oard er . not e.mployees, se nts, or o the PrOvide her: t) the ~enrs are stu(lents ot the School Board, and 2) the Faculty are e~ployee~ of the School Board.. There are no third party beneficiaries of or to this Agreement THE SCHOQL BOAPdD'S KESPONSIBILITY: 1. To maintain standards recommended in the State Plan for Emergency Medical Technology Educatlan of the State Department of Education and standards and procediwes as outlined in the Florida Administrative Code of the Florida Deparunent of Health and Rehabilitative Services. To employ Florida certified health occupations (paramedic) faculty who shall be responsible for implementing the philosophy and the ebjectives of The School Board and developing the curriculum. The faculty shall be responsible ~or: a. Selecting assignments in cooperation with EMS personnel and supervising studenrs in their leaming experiences. b. Planning ~or concurrent related instruction (informal and formal classroom) as needed ro meet the objectives of the program. This insu'uction will be scheduled during the regular hours of the program. -2-