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HomeMy WebLinkAboutExhibitAFFILIATION AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI DADE COUNTY PUBLIC SCHOOLS AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR MIAMI-DADE COUNTY PUBLIC SCHOOLS STUDENTS ENROLLED IN EMERGENCY MEDICAL SERVICE PROGRAMS This Affiliation Agreement is made and entered this day of , 2009, between City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as "CITY"), and Miami -Dade County Public Schools, an agency and instrumentality of Miami -Dade County, Florida (herein referred to as "MDCPS"). RECITALS WHEREAS, City manages a Department of Fire -Rescue and therein provides emergency medical services; and WHEREAS, MDCPS provides emergency medical services training programs for students and periodically desires to provide students in such programs with clinical experience by utilizing appropriate facilities and personnel of City of Miami Department of Fire -Rescue (hereinafter referred to as "PROGRAM"); and WHEREAS, City desires to cooperate with MDCPS to establish and implement Clinical training experience Programs involving the students and personnel of MDCPS by utilizing appropriate facilities and personnel of City of Miami Department of Fire -Rescue; and NOW, THEREFORE, in consideration of the mutual agreements set forth herein, MDCPS and City agree that any Program established and implemented by MDCPS and City shall be covered by and subject to the following terms and conditions: 1. RESPONSIBILITY OF CITY: Except for acts to be performed by MDCPS pursuant to the provisions of this Agreement, City will: (a) furnish the premises, personnel, services, and all other items necessary for the clinical experience of the Program; (b) appoint a person to serve for City as liaison ("City Liaison"); 2. RESPONSIBILITIES OF MDCPS: MDCPS will: (a) designate a member of MDCPS faculty ("MDCPS Representative")to coordinate the clinical training experience of students participating in the Program with the City Liaison; (b) be responsible for the selection and scheduling of students, and maintain the appropriate records as required by the Program; (c) advise students of the rules, policies and procedures of City and Program and that noncompliance of such may result in dismissal from the Program; 3. COMPLIANCE WITH LAWS: City and MDCPS shall comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations, including confidentiality of patient records. 4. CONFIDENTIALITY OF STUDENT RECORDS: City understands and agrees it is subject to all federal and state laws and the rules of the MDCPS Board relating to the confidentiality of student information. City further agrees to comply with the Family Education Rights and Privacy Act ("FERPA"). City shall regard all student information as confidential and shall not disclose the student information to any third party. S. AMENDMENTS AND MODIFICATIONS: No amendment to modification of this Agreement shall be valid unless reduced to writing, signed by an authorized representative of City and MDCPS. 6. NO THIRD PARTY BENEFICIARY AND NONASSIGNMENT: City and MDCPS expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third persons or entity under this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. This Agreement may not be assigned by either City or MDCPS party without prior written approval of City and MDCPS. 7. PERFORMANCE: A delay in or failure of performance of either City or MDCPS that is caused by occurrences beyond the control of either City or MDCPS shall not constitute default hereunder, or give rise to any claim for damages. S. TERM AND EFFECTIVE DATE: This Agreement shall become effective when signed by City and MDCPS and shall continue in effect for an initial period ending one (1) year after the date and year of the effective date. After such initial term, this Agreement shall continue year to year until such time as City or MDCPS wishes to terminate this agreement and provides at least thirty (30) days written notice of intention of withdrawal. If such notice is given, this Agreement shall terminate at the end of such thirty days. In event of litigation, venue shall lie in Miami -Dade County. 9. INDEMNIFICATION CLAUSE: MDCPS does hereby agree to indemnify, defend and hold harmless City and its officials, employees and agents ("CITY") and each of them from and against all claims, damages and expenses by reason of any injury or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with the performance or non-performance of the terms and conditions of this agreement, to the extent of the limitations included within Florida Statutes, Section 768.28(5), subject to the provisions in this act whereby MDCPS shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled Arith all other claims or judgments paid by MDCPS arising out of the same incident or occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liability, losses and causes of actions which may arise as a result of the negligent act or omission to act of MDCPS as it relates to the terms and conditions of this agreement However, nothing herein shall be deemed to indemnify City for any liability or claim arising out of the negligent performance or failure of performance of City or as a result of the negligence of any unrelated third party. To the extent of the limitations included within Florida Statutes, Section 768.28(5), City does hereby agree to indemnify, save harmless, and defend MDCPS, its members, officers, and employees from and against any and all personal injury or property damage, claims, liabilities, and causes of action, including attorney fees, which may arise out of the negligent act or omission to act of City as it relates to the terms and conditions of this agreement. However, nothing herein shall be deemed to indemnify MDCPS for any liability or claim arising out of the negligent performance or failure of performance of MDCPS or as a result of the negligence of any unrelated third party. 10. APPLICABLE LAW: The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Florida. 11. COUNTERPARTS: This Agreement may be executed in three (3) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this Affiliation Agreement to be executed by their respective officials thereunto duly authorized effective as of the day and year written above. SCHOOL BOARD OF MIAMI DADE COUNTY By: Date: Superintendent Miami -Dade County Public Schools CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: By: Date Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: ate By: Date Pedro G. Hernandez, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Date: Julie 0. Bru, City Attorney LeeAnn Brehm, Director, Risk Management