HomeMy WebLinkAboutExhibitAFFILIATION AGREEMENT
BETWEEN
CITY OF MIAMI, TECHNICAL CAREER INSTITUTE AND
MIAMI DADE COUNTY PUBLIC SCHOOLS
WHEREAS, City of Miami ("CITY") manages a Department of Fire -Rescue ("Department") and
therein provides emergency medical services; and
WHEREAS, The Department (herein referred to as "MFD") and Miami Dade County Public
Schools (herein referred to as "MDCPS") have a mutual interest in seeking expertise and
resources to provide the highest standards of education and training in emergency medical
services for students in Miami Dade County Public Schools.
WHEREAS, In connection with this interest, the CITY and MFD desire to collaborate with
MDCPS in the implementation of the proposed Emergency Medical Services Cadet Academy
at the MDCPS school of choice ("Academy"). The EMS Cadet Academy program ("The EMS
Cadet Program") provides an opportunity for qualified students who have identified Emergency
Medical Services as a career choice to receive academic and clinical training and ultimately
the opportunity to obtain EMT certification upon successful completion of the EMS Cadet
Program.
WHEREAS, neither the CITY nor MDCPS are qualified by the State to provide EMS training
and EMT certification, and CITY recognizes the need to collaborate with a State Accredited
educational institution capable of providing EMT certification training and EMT certification.
WHEREAS, CITY desires to collaborate with Technical Career Institute (herein referred to as
TCI) to establish and implement the EMS Cadet Program at MDCPS'S school of choice while
utilizing the facilities, personnel and equipment of CITY and MDCPS.
WHEREAS, TCI is licensed by the Commission for Independent Education, Florida
Department of Education and approved by the Florida Department of Health, Bureau of
Emergency Medical Services in Tallahassee, Florida to provide Emergency Medical
Technician - Paramedic programs and has agreed to provide EMS training and certification for
the EMS Cadet Program.
In accordance with State requirements, and on behalf of CITY, TCI intends to apply for the
MDCPS school of choice to become a satellite campus where it will conduct the EMS training
for the EMS Cadet program.
WHEREAS, this Agreement advances implementation of EMS Cadet Program;
WHEREAS, the parties wish to execute this Affiliation Agreement ("Agreement") between the
CITY, TCI and MDCPS for said purpose;
1. EMS PROGRAM:
TCI and MDCPS will design an educational experience in Emergency Medical Services
for students utilizing the personnel, equipment and amenities of MFD and MDCPS
facilities ("Facility").
a. The duration of the EMS Program and the educational experience provided
will be consistent with the curriculum requirements of both TCI and
MDCPS.
b. The program will be periodically reviewed by the City Liaison, TCI and
MDCPS representatives and, when appropriate, revised to meet the
curriculum requirements of TCI and MDCPS along with the standards of
the accrediting entities.
c. The educational experience for students in the EMS Cadet Program will be
an integral part of the services provided by TCI and MDCPS and students
will be under the direct supervision of the CITY,TCI or MDCPS personnel
who are licensed or otherwise qualified to perform emergency medical
services.
2. RESPONSIBILITY OF CITY:
The City shall:
a. furnish the premises, personnel, services, and all other items necessary
for the academic and/or clinical experience of the EMS Cadet Program;
b. appoint a person to serve for CITY as liaison ("City Liaison");
c. Be responsible for the selection of students, and maintain the
appropriate records as required by the EMS Cadet Program.
3. RESPONSIBILITY OF TCI:
TCI shall:
a. Develop criteria for the evaluation of the performance of students
participating in the EMS Cadet Program and shall provide those criteria,
with appropriate reporting forms to MDCPS and CITY as required.
b. Assign grades to the students participating in EMS Cadet Program on the
basis of performance.
c. Inform all students and personnel participating in the EMS Cadet Program
that they are required to comply with the rules and regulation of CITY, TCI
and MDCPS while on premises of parties hereto.
d. Provide information requested by Facility related to students participating in
the Program unless prohibited by federal or state law.
e. Neither CITY, nor MDCPS shall be charged for services performed by TCI
in furtherance of the EMS Cadet program.
INSURANCE:
TCI shall:
a. TCI, at all times during the term hereof, maintain such insurance coverage
as may be required by the City of Miami, Risk Management Director. All
such insurance and renewals shall be subject to the approval of the Risk
Management Director for adequacy of protection and evidence of such
coverage shall be furnished to the CITY on Certificate of Insurance
indicating such insurance to be in force and effect and providing that it will
not be canceled during the training program. Should TCI fail or refuse to
satisfy the requirement of changed coverage within thirty (30) days following
the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take
effect.
I. MDCPS OBLIGATIONS:
MDCPS shall:
a. Assign appropriate secured space on MDCPS school premises for offices,
lecturers, lab and other non -experience related activities of the EMS Cadet
Program.
b. Assure that all students selected for participation in the EMS Cadet
Program have satisfactorily completed all portions of the prerequisites for
participation in the program.
c. In the interest of assisting in the effort of establishing the satellite campus
at the selected school of choice, MDCPS will permit representatives of the
State's accrediting entity for TCI to have reasonable access to premises of
MDCPS schools for purposes related to the accreditation process.
d. Be responsible for scheduling of students, and maintenance of the
appropriate records as required by the EMS Cadet Program;
e. Cooperate fully with TCI in matters related to academic performance and
student conduct related to the EMS Cadet Academy Program experience.
f. Advise students of CITY and Program rules, policies and procedures and
that noncompliance of such may result in dismissal from the EMS Cadet
Program;
II. CLINICAL EXPERIENCE PROGRAM:
As a collaborating agency, MFD intend to provide TCI with in-kind services
in the form of clinical experience by utilizing appropriate facilities and
personnel of MFD.
1. RESPONSIBILITIES OF TCI : TCI will:
a. Maintain standards for EMS Programs training as set forth by the
Florida Department of Health (Chapter 401, F.S. and 64J, F.A.C) and
the State Department of Education.
b. Fully assume the responsibility of the planning and implementation of
the Program including the clinical objectives and ongoing evaluation of
the performance of the assigned students.
c. TCI agrees to comply with the established policies and practices of the
City.
d. Communicate directly with a designated member of the City Staff
regarding any matters relative to the operation of the Program.
e. Designate a member of TCI faculty ("TCI Representative") to
coordinate clinical training experience of students participating in the
Program with the City Liaison;
f. TCI shall be responsible for assuring that the students have
successfully completed the necessary prerequisites prior to beginning
their riding experience with Agency personnel.
g. Advise students of the rules, policies and procedures of CITY and
Program and that noncompliance of such may result in dismissal from
the Program;
h. Notify CITY, a month in advance, of its planned schedule of student
assignment including the names of students, level of academic
preparation, and times and dates of the clinical experience. Clinical
dates shall be provided in the format specified by the CITY;
i. Ensure that each student sign a release form (see attached) and return
it to TCI prior to participating in the clinical experience.
j. See that each student has a name tag or uniform which reads "TCI
EMS Student" and to instruct him/her to wear it when participating in
the clinical experience.
2. RESPONSIBILITIES OF CITY: Except for acts to be performed by TCI
pursuant to the provisions of this agreement, CITY will:
Furnish the premises, personnel, services, and all other items
necessary for the clinical experience;
Appoint a person to serve for CITY as liaison ("City Liaison");
Provide access of CITY clinical experience up to 12 (twelve) Rescues,
(5) five days a week scheduling permit.
Advise TCI of changes in its personnel, operation, or policies which
may affect the students' clinical practice;
Designate an employee who will be responsible for the supervision of
assigned students ("Clinical Preceptor"), who shall have sufficient
education, training and experience in the individual discipline to be
able to adequately supervise the assigned students;
3. RIGHT OF REFUSAL: The Clinical Preceptor has the right to refuse to
allow any student to participate whose conduct or work with patients or
personnel, is not in keeping with the standard of the CITY.
COMPLIANCE WITH LAWS: CITY and TCI shall comply with all
applicable federal, state, and municipal laws, ordinances, rules, and
regulations, including confidentiality of patient records.
CONFIDENTIALITY OF STUDENT RECORDS: City understands and
agrees it is subject to all federal and state laws and the rules of the TCI
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.
III. GENERAL PROVISIONS:
Students and personnel will be responsible for their own transportation,
meals, and health care while participating in the EMS Cadet Program.
COMPLIANCE WITH LAWS: CITY, TCI and MDCPS shall comply with all
applicable federal, state, and municipal laws, ordinances, rules, and
regulations, including confidentiality of patient records.
The EMS Cadet Program and all related activities shall be conducted in a
manner that does not discriminate against any person on a basis prohibited
by applicable laws, including but not limited to: race, color, national origin,
religion, sex, age, veteran status, or disability.
AMENDMENTS AND MODIFICATIONS: No amendment or modification of
this Agreement shall be valid unless reduced to writing, signed by an
authorized representative of CITY, TCI and MDCPS. The CITY further
authorizes to enter into any amendment of this agreement with City
Manager approval.
ASSIGNMENT: This Agreement may not be assigned by any party without
prior written approval of the other two parties hereto.
PERFORMANCE: A delay in or failure of performance of a CITY, TCI or
MDCPS that is caused by occurrences beyond the control of any party
shall not constitute default hereunder, or give rise to any claim for
damages.
TERM AND EFFECTIVE DATE: This Agreement shall become effective
when signed by the CITY, TCI and MDCPS and shall continue in effect until
such time as CITY, TCI or MDCPS wishes to withdrawal from the
agreement and provides at least thirty (30) days written notice of intention
of withdraw.
INDEMNIFICATION CLAUSE: The CITY, TCI AND MDCPS hereby agree
to indemnify and save each other harmless to the extent of the limitations
and subject to the provisions of Florida Statutes, Section 768.28(5).
However, nothing herein shall be deemed to indemnify any parties hereto
for any liability or claim arising out of its own negligent performance or
failure to perform as a result of the negligence of any unrelated third party.
NO THIRD PARTY BENEFICIARIES: The parties expressly acknowledge
that it is not their intent to create or confer any rights or obligations in or
upon any third person 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.
APPLICABLE LAW VENUE: The validity, interpretation, and enforcement
of this Agreement and any Program Agreement shall be governed by the
laws of the State of Florida. Venue for any action or proceeding reading this
agreement shall lie exclusively in a court of competent jurisdiction in Miami -
Dade County.
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
TECHNICAL CAREER INSTITUTE
By: Date
CITY OF MIAMI, a municipal corporation of the State Florida
ATTEST:
By: Dated
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Date:
Julie 0. Bru, City Attorney
Director
By: Date:
Pedro G. Hernandez, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Date:
LeeAnn Brehm, Director,
Risk Management