Loading...
HomeMy WebLinkAboutExhibit.7-23-09AFFILIATION 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 ("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' 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 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 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 Program. d. 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. 3. RESPONSIBILITY OF TCI: I. TCI shall: a. Develop criteria for the evaluation of the performance of students participating in the EMS 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. City shall not be charged for services performed by TCI in furtherance of the EMS Cadet Academy program. In addition to the EMS Cadet Program, TCI will further provide Emergency Medical Services training at a total reduced rate resulting in an amount not to exceed $40,000 payable by the City's Workforce Program for select Edison Senior High graduates who participated in the EMS Cadet Program during the 2008 -2009 school year, who were not able to be certified. a. Said graduate students will be selected based upon the selection requirements established by both parties. b. The EMS training program for the graduate students will be held at the TCI campus located at 7757 West Flagler Street, Miami, FL 33144. c. TCI will provide graduate students with transportation from MDCPS school of choice to TCI campus located at 7757 West Flagler Street, d. Following successful completion of the EMS training program students will be granted an EMT training certificate of completion and _ college credits towards an AS degree in Emergency Medical Services. INSURANCE: TCI shall: 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. II. 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 school 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; III. GENERAL PROVISION: Students and personnel will be responsible for their own transportation, meals, and health care while participating in both programs. 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. 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 withdrawal. 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 76828(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. APPLICABLE LAW: The validity, interpretation, and enforcement of this Agreement and any Program Agreement shall be governed by the laws of the State of Florida. 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 Denyse Antunes, Campus Director CITY OF MIAMI, a municipal corporation of the State Florida ATTEST: By: Dated.- Priscilla ated:Priscilla A. Thompson, City Clerk By: Date: Pedro G. Hernandez, City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Date: Date: Julie O. Bru, City Attorney LeeAnn Brehm, Director, Risk Management