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HomeMy WebLinkAboutResolution_17-96/97_04/10/1997 i RESOLUTION NO. 17 -9697 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Agreement between the School District of Palm Beach County, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. Section 2. The Village Manager is authorized to renew the Agreement each year on behalf of the Village provided that future amendments to the Agreement are found to be minor in scope. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Hansen , who moved its adoption. The motion was seconded by Councilmember Capretta , and upon being put to a vote, • the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of April, A.D., 1997. s YOR TEQUESTA ATTEST: �1 • Joann Mangan' llo Village Clerk wp60 \res \17 -97 EXHIBIT "A" • AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND VILLAGE OF TEQUESTA L PARTICIPATING AGENCIES The participating agencies in this agreement are The School District of Palm Beach County, hereinafter called the "SCHOOL DISTRICT," and Village of Teguesta hereinafter called the EMS "PROVIDER." II. STATEMENT OF AGREEMENT This is a mutual agreement between the administration of the Provider and The School District 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 provisions set forth in this agreement. Whereas, the parties hereto recognize that the School District is in need of health care facilities to train vocational education students in the area of emergency medical technology education pursuant to the State Plan for Vocational Education of the State Department of Education and The School District of Palm Beach County policies and procedures; and Whereas, the parties hereto recognize that interest in promoting those educational goals and objectives of the State Department of Education and The School District of Palm Beach County which further excellence • in emergency medical services; and Whereas, the Provider desires to provide the necessary emergency medical services facility for observation and selected clinical experiences to assist this program, both parties therefore agree, in consideration of the mutual covenants and agreements expressed herein, as follows: A. GENERAL PROVISIONS OF THE AGREEMENT 1. The education of the student shall be the primary purpose of the training program. 2. The School District shall be responsible for the education of the student. 3. The School District shall be responsible for selecting learning experiences for the students with the assistance and cooperation of the EMS Provider's 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 District and in the guidance and supervision of the students. 5. The number of students scheduled to a Provider will be planned by the School District and the Provider. 6. Students will be involved chiefly in learning experiences through observation; however, in order to conform to the requirements of the Florida Department of Education's 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 IOD -66.58 (3) (e) and (f) 3. Rules of Department of Health and Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKILLS as outlined in Chapter IOD -66.56 (1) of HRS Emergency Medical Services Rules. 7. The School District 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 District staff with copies of all applicable established policies and practices of the EMS facility. 8. The School District recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit provided in 768.28, Florida Statutes, The State 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 District may possess and reserve all such rights as against any and all claims that may be brought under this agreement. 9. The Emergency Medical Services provider will be liable for any acts or omissions of its employees. Nothing contained herein shall be deemed a waiver sovereign immunity pursuant to Florida Statues Section 768.28. 10. The Emergency Medical Services Provider is an independent contractor and not agents, employees, partners, associates, or joint ventures of the District. The students and faculty of the District are not employees, servants, or agents of the Providers but rather; 1) the students are students of the School District, and 2) the faculty are employees of the School District. There are no third party beneficiaries of or to this Agreement. • B. THE SCHOOL DISTRICTS RESPONSIBILITY 1. To maintain standards recommended in the State Plan for Emergency Medical Technology Education of the State Department of Education and standards and procedures as outlined in the Florida Administrative Code of the Florida Department of Health and Rehabilitative Services. 2. The School District will maintain standards which include, provision for physical examination, T.B. screening, Rubella vaccination, serology, hepatitis B vaccine or signed waiver and education on universal precautions and blood borne pathogen standards; said standards to be provided prior to ambulance riding experience. 3. To employ Florida certified health occupations faculty (paramedics) who shall be responsible for implementing the philosophy and the objectives of The School District and developing the curriculum. The faculty shall be responsible for: a. Selecting assignments in cooperation with Provider's EMS personnel and supervising students in their learning experiences. b. Planning for concurrent related instruction (informal and formal classroom) as needed to meet the objectives of the program. This instruction will be scheduled during the regular hours of the program. • • C. Maintaining individual records of class and clinical instruction, emergency medical technology practice, and evaluation of student competency and health. d. Preparing a clinical rotation plan for services to 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. C. THE EMERGENCY MEDICAL SERVICES PROVIDER'S RESPONSIBILITY 1. 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. 2. To share and assist in the responsibility for the guidance and supervision of the students, particularly in restricted areas. 3. The Provider may include members of the faculty of the School District in staff meetings when policies to be discussed will affect or are related to the Emergency Medical Technology Program. The Provider shall, at all times, provide the staff of the School District with written notice of the changes in policy and procedures in a timely manner, especially as such policies and procedures relate to, or' affect the Emergency Medical Technology Program. D. THE SCHOOL DISTRICT'S POLICIES • 1. 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 facilities. 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 to meet the objectives of the program. 2. 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 p.m. for b to 8 hour shifts. 3. Students will be given holidays as provided for in the regular school calendar. E. REQUEST FOR WITHDRAWAL OF STUDENT The participating Provider has the right to request the School District 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 District may at anytime withdraw a student whose progress, conduct, or work does not meet the standard of The School District for continuation in the program. F. TERMINATION OF AGREEMENT If either party to this agreement wishes to terminate this agreement without cause, at least thirty • days written notice shall be given by either participating agency, and termination including withdrawal of students and faculty from the Emergency Medical Services facility shall occur at least thirty days from receipt of written notice. If the School District terminates for convenience • herein it shall not be liable for breach of contract, lost profits, or other such damages whether consequential or inconsequential. For purposes of notice, the School District representative shall be the coordinator of the Adult, Vocational and Community Education Department, The School District of Palm Beach County. G. STUDENT INSURANCE Each student will provide proof of professional liability insurance coverage with minimum limits of $1,000,000/$3,000,000, and be encouraged to be covered by their own health and accident plan. H. MODIFICATION OF AGREEMENT Modification of the agreement shall be made only upon mutual consent of both parties and a contract addendum shall be executed by both parties hereto. L TITLE IX AGREEMENT The participating agency agrees not to discriminate against any trainee in any manner whatsoever on account of race, creed, color, age, sex, religion, national origin, ancestry, martial status, sexual orientation, or disability. J. LENGTH OF AGREEMENT This agreement will be effective for the fiscal year July 1, 1996, through June 30, 1997. K. RENEWAL OF AGREEMENT • It is the intent of both parties to review this agreement each year and renew it if approved by both parties. • • III. COPIES OF THIS AGREEMENT: This agreement shall be governed by the laws of the State of Florida and if any dispute arises, then venue shall be in Palm Beach County. Copies of this contractual agreement shall be submitted to 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 Adult, Vocational and Community Department Dated this /S.�t day of 19 _ VILLAGE OF TEWESTA P.O. BOX 3273 T£QUESTA, FLDRIDA 33469 Etre.- 62,e -Q- w Q, oJ The School District of Agency Palm Beach County, Florida By Administrator Paulette Burdick, Chairman (SEAL) Attest — /1 Attest Secretary f,Fl P. Kowal Superintendent Reviewed and approved by: (Name of Attorney) • Revised: May 1996 • AMENDMENT TO THE AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND VILLAGE OF TEQUESTA _ Page 3 Section II. F. TERMINATION OF AGREEMENT line 1 currently reads: "If either party to this agreement wishes to terminate this agreement without cause, at least thirty days written notice ... ". Page 3 Section II. F. TERMINATION OF AGREEMENT line 1 shall be amended to read: "If either party to this agreement wishes to terminate this agreement, at least thirty days written notice..." Page 3 Section II. F TERMINATION OF AGREEMENT line 2 currently reads: "...If the school district terminates for convenience herein shall not be liable for breach of contract, lost profits, or other such damages whether consequential or inconsequential." Page 3 Section II. F. TERMINATION OF AGREEMENT line 2 shall be amended to read: "...If the school district or the provider terminates pursuant to these terms they shall not be liable for breach of contract, lost profits, or other such damages whether consequential or inconsequential." t • III. COPIES OF THIS AGREEMENT: This agreement shall be governed by the laws of the State of Florida and if any dispute arises, then venue shall be in Palm Beach County. Copies of this contractual agreement shall be submitted to 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 Adult, Vocational and Community Department Dated this _ /s (. day of 19 U rtt S C�.k D ATt n syJ ,— VI 0 B4X 3EQU STA TFQUESTA, FLORIDA 33469 The School District of Agency Palm Beach County, Florida BY Y 07) Administrator Paulette Burdick Chairman (SEAL) Attes Attest Secretary o . Koval 4-11-Uper Pintcndent i Reviewed and approved by: (Name of Attorney) Revised: May 1996