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HomeMy WebLinkAboutExhibit-Agreement SUBen YlaImo(. Q " 0,4 of QC6cuurne,nt AFFILIATION AGREEMENT This Affiliation Agreement (" Agreement") is made and entered into by and between the District Board of Trustees of Miami Dade College ("School"), The School Board of Miami -Dade County, ("Community Partner") and the City of Miami, acting by and through its Department of Fire - Rescue ("Department"), is entered into this day of , 2014. RECITALS WHEREAS, School, Department and Community Partner have a mutual interest in seeking expertise and resources to provide the highest standards of education and training in the emergency medical services field; and WHEREAS, City manages a Department of Fire -Rescue ("Department") that provides emergency medical services; and WHEREAS, the Department provides Emergency Medical Services ("EMS") and Fire Services and is willing to make its facilities available to the Schools and Community partner's students participating in this emergency management training program ("Program"); and WHEREAS, the Department is not qualified by the State to provide EMS training and Emergency Medical Technician ("EMT") certification and it recognizes the need to collaborate with a Southern Association of Colleges and Schools (SACS) accredited educational institution capable of providing EMT certification training; and WHEREAS, the School is a SACS accredited educational institution capable of providing First Responder, Paramedic and EMT training and certification programs for its students; and WHEREAS, School desires to provide learning experiences through the application of knowledge and skills in actual patient -centered situations in the EMS and Fire Services field through didactic, psychomotor skills and evaluations; and WHEREAS, School is licensed by the Florida Department of Health, Bureau of Emergency Medical Services in Tallahassee, Florida and accredited by the Commission on Accreditation of Allied Health Education Programs upon the recommendation of the Committee on Accreditation of Educational Programs for EMS Professions to provide Emergency Medical Technician College Certificates and a Paramedic Program and has agreed to provide training and certification for this Program; and WHEREAS, the School is the largest and most diverse college in the nation; and WHEREAS, the School has seven (7) campuses, two (2) centers and more than 175,000 students from across the world; and WHEREAS, the School offers over 300 programs of study and several degree options including vocational, associate and baccalaureate degrees; and 1 WHEREAS, the Community Partner will provide quality students, and mentoring for student selected to participate in the Program; and WHEREAS, the Community Partner is a dropout, prevention mentoring program committed to closing the minority male achievement (access) gap by guiding minority male students along a carefully charted path through grades K-12 and college or ensuring the attainment of other post -secondary credentials, and increasing their employability in higher wage, high skills jobs within high demand industries: and WHEREAS, School and Department will provide First Responder, Paramedic and EMT training for Community Partner's students who participate in this Program; and WHEREAS, in connection with their mutual interest, Department, School and Community Partner desire to collaborate in the implementation of the proposed Program; and WHEREAS, the parties wish to execute this Affiliation Agreement ("Agreement") between the City, School and Community Partner for said purpose. NOW THERFORE, the parties agree to the following: 1. PROGRAM: Department and School will design an education experience to train students in the areas of First Responder, Paramedic and/or EMT. This community involvement initiative is intended to provide mentoring and career guidance to high school students and training of high school graduates. These students will attain credentials towards future employment in Fire, EMS, or other related fields. a. The educational experience provided will be consistent with the curriculum requirements of both School and Department. b. The Program will be periodically reviewed by the City Liaison and School and Department Representatives and, when appropriate, revised to meet the curriculum requirements of the Department and School along with the standards of their accrediting entities. c. The education experience for students in the Program will be an integral part of the services provided by School. Students will be under the direct supervision of the Department or School personnel who are licensed or otherwise qualified to perform Emergency Medical Services. d. Participation in this Program can lead towards obtaining, at a minimum, an Associates of Science degree from the School. e. Success of the Program will be measured by the number of students who complete the Program and enter Fire/EMS or other related careers (for example, Paramedics, Emergency Medical Services, etc.), progress into College or Universities studies and/or enter the workforce. f. Funding for the Program and students' participation in this program, including School application fees, registration fees, tuition, laboratory fees (which include uniforms), books and supplies shall be provided by the City through the Department, as provided in Section 4 entitled "Responsibility of Department" or provided by the Community 2 Partner, as provided in Section 4 entitled "Responsibility of Community Partner." 2. RESPONSIBILITY OF DEPARTMENT: The Department shall: a. Furnish the premises, personnel, services, and all other items necessary for the clinical experience for the Program. b. Appoint a person with sufficient training whose responsibilities shall be to act as liaison between the School and the Department as liaison ("City Liaison"). c. Shall provide field experiences (fire rescue ride time, etc.) to the students assigned hereunder. Such students shall be subject to the supervision direction and control of the Department while performing their assignments. d. Provide equipment for instruction: The equipment will be used for the School to instruct the didactic and psychomotor portion of the Program to the students. The equipment will remain the property of the Department unless otherwise authorized in writing to the School. e. Advise all students of the rules, policies and procedures of the Department. f. The Department will collaborate with all parties involved to secure programmatic funding which in part will be supported by the EMS Cadet Program Account (18-180013). g. The Department affirms that this Program will be solely funded from EMS Cadet Program Account (18-180013), funding provided by the Community Partner, as provided in Section 4 entitled "Responsibilities of the Community Partner," or outside donations. 3. RESPONSIBILITY OF SCHOOL: The School shall: a. Designate a member of School faculty ("School Representative") to coordinate the clinical training experience of students participating in the Program with the Department. b. Be responsible for the scheduling of students admitted to participate in the Program and maintain the appropriate records as required for the Program. c. Provide the educational program for training the students' to become Emergency Medical Technicians, First Responders and/or Paramedics, including didactic, practical and clinical instruction. d Provide uniforms, as are included in the laboratory fees paid to the School. e. Develop criteria for the evaluation of the performance of students participating in the Program and shall provide those criteria with appropriate reporting forms (attendance, evaluation, etc.) to students and the Department. f. Assign grades to students participating in the Program on the basis of performance. g. Inform all students and personnel participating in the Program that they are required to comply with the rules and regulations of Program and School. h. Advise all students of the rules, policies and procedures of the Department and Program and that noncompliance of the rules, policies and procedures of the Program, the Department and the School may result in dismissal from the Program. i. Not charge Department for services performed by School in furtherance of the Program, but shall invoice the Department for the funding students' participation in this program, including School application fees, registration fees, tuition, laboratory fees (which include uniforms), 3 books and supplies. j. Cooperate with Department in matters related to academic performance and student conduct related to the Program. k. Provide proof to the Department that the students meet the requirements for the Department's basic infectious disease review, which shall include health status reports for each student assigned to externship training, records of proof of immunization against common communicable diseases, atuberculosis screening and any other requirements. 1. Provide Hospital Externship. A hospital externship is an experimental learning opportunity that provides the student with a short practical experience in the field, similar to an internship. 4. RESPONSIBILITES OF THE COMMUNITY PARTNER The Community Partner shall: a. Provide students for the Program. Students will be selected by a committee from students enrolled in the 5000 Role Models of Excellence Program. High school graduates participating in the Program at the School shall meet the School's admission requirements prior to being able to enroll in courses at the School. b. Provide funding/tuition as available from donated funding sources designated to the success of this Program. c. Guide, direct, and mentor students during the course of study and toward future endeavors. Counseling and guidance will be addressed through supervision from guidance counselors, volunteers and mentors. It is a requirement that the student enters the next level of studies or find job placement after completion of the Program. 5. GENERAL PROVISIONS: I. Compliance with laws: Department and School shall comply with all applicable Federal, State, and municipal laws, ordinances, rules, and regulations, including confidentiality of patient records. II. Performance: A delay in or failure of performance of Department or School that is caused by occurrences beyond the control of any party shall not constitute default hereunder, or give rise to any claim for damages. III. Term and Effective Date: a. The term of this Agreement shall be for one (1) year and shall become effective when the Agreement is executed by the parties, and automatically renew for three (3) one-year periods, thereafter, until the .termination has been completed in writing as explained in Part "B". b. Notwithstanding any other provision to the contrary, this Agreement may be terminated without cause at any time by either party upon ninety (90) days' prior written notice to the other parties or upon completion of the students' course during the semester, whichever is later. No party will have any recourse, cause of action or claim from such a termination. c. In the event of a material breach of this Agreement, the aggrieved party may 4 terminate this Agreement by giving thirty (30) days prior written notice of termination to the breaching party. If the breach is not cured, the Agreement shall terminate at the end of the thirty day period IV. Indemnification Clause: The School shall defend, indemnify and hold the City of Miami, its officers, employees, and volunteers harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, subject to the provisions, limits and limitations Section 768.28(5), Florida Statutes, as may be amended, but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the School, its trustees, officers, agents, employees, students, or School Instructors (if applicable). The City shall defend, indemnify and hold the School, its officers, employees, and volunteers harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, subject to the provisions, limits and limitations of Section 768.28(5), Florida Statutes, as may be amended, but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents, employees, students, or Instructors (if applicable). The School Board of Miami -Dade County ("Community Partner") shall defend, indemnify and hold the City of Miami, its officers, employees, and volunteers harmless from and against any and all .arising out of the performance of this Agreement, and to the extent of limitations subject to the provision of Florida Statutes, Section 768.28(5), but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the School Board, its officers, agents, employees, Students, or School Instructors (if applicable). The City shall defend, indemnify and hold the School Board, its officers, employees, and volunteers harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, subject to the provisions, limits and limitations of Section 768.28(5), Florida Statutes, as may be amended, but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the.negligent or intentional acts or omissions of the City, its officers, agents, employees, students, or Instructors (if applicable). V. Insurance: a. School, its sole cost and expense, shall keep in force and maintain at all times during this agreement insurance requirements in accordance to Exhibit "A". b. School, as a public educational institution of the State of Florida, shall at all times during the term hereof, maintain such liability insurance coverage as provided for under Section 768.28, Florida Statutes as may be amended. Certificates of Insurance, 5 as evidence of coverage, shall be provided to the City upon request.. c. The coverage required under this Section shall not in any way limit the liability of School. School, upon the execution of this Agreement, shall furnish the Department with Certificates of Insurance evidencing compliance with all requirements. School shall provide thirty (30) days advanced written notice to the Department of any modifications, material change or cancellation of any of the above insurance coverage. d. Should the School fail or refuse to satisfy the requirement of change 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. VI. Status of Students a. During the period in which a Student is assigned to the Department, the Student and the School Instructor, if applicable, shall be subject to the direction and control of the Department supervisors. b. It is expressly agreed and understood by the Department and School that students are present at the Department's facilities to participate in activities and assignments that are of educational value to students and that are appropriate to the course and scope of School's Program. c. Students admitted and enrolled in the School shall be considered the School's students. VII. Discrimination -Prohibition a. School, the Community Partner, and the Department agree not to discriminate in the selection of students to participate in this Program; or b. The 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. VIII. Patient Records: Any and all of the Department's, medical records and charts created at the Department's facilities as a result of performance under this Agreement shall be and shall remain the property of the Department. School understands and agrees that it will require all of its students (and School Instructors if applicable) rotating through the Department facilities to maintain the confidentiality of all patient medical records and charts in accordance with the Department's policies and procedures and all applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act ("HIPAA"). School agrees that students, and School Instructors if applicable, shall comply with any Department training or education required to comply with HIPAA or other applicable laws. 6 IX. FERPA. The parties agrees that one or all may create, receive or have access to educational records that are subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g (collectively, the "FERPA Records"). The parties represents, warrants, and agrees that they will: (1) hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except as (a) permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized by School or student in writing; (2) safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which each party protects its own confidential information; and (3) continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of this Agreement. X. Interruption in Service: Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, labor disputed, riots earthquakes, or other acts or nature. The obligations and rights so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. In the event the interruption of a party's performance continues for a period in excess of thirty (30) days, the other party shall have the right to terminate this Agreement upon ten (10) days' prior written notice to the other party. XI. Assignment: Neither party shall assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other party. XII. Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been a part of the Agreement, and the remaining provisions shall remain in full force and effect unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement. XIII. Waiver: Waiver by either party of any breach of any provision of this Agreement or warranty or representation herein set forth shall be in writing and not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative. XIV. Modifications and Amendments: This Agreement may be amended or modified at any time by mutual written consent of the authorized representatives of all parties. XV. Governing Law: This Agreement shall be governed in all respects by the laws of the State of Florida. It is hereby agreed and understood that the venue of choice for legal disputes shall be in Miami Dade County, Florida. 7 XVI. Notices: All notice required under this Agreement shall be deemed to have been fully given when made in writing and delivered by: (i) personal delivery; (ii) deposit in the United States mail, postage pre -paid, certified mail, return receipt request; or (iii) overnight courier service, and addressed as follows: City of Miami • Daniel J. Alfonso, City Manager City of Miami 444 SW 2"d Avenue, 10th Floor Miami, Florida 33130 With a copy to: Victoria Mendez City Attorney City of Miami 444 SW 2"d Avenue, 9th Floor Miami, Florida 33130 Miami Dade College Rosa de la Torre, Contracts Manager Medical Campus Miami Dade College 950 N.W. 20th Street Miami, Florida 33127 With a copy to: Mark Everett, Dean School of Health Sciences Medical Campus Miami Dade College 950 N.W. 20th Street Miami, Florida 33127 Miami -Dade Public School Board Alberto Carvalho, Superintendent 1450 NE.E. 2"d Avenue, #912 Miami, Florida 33132 With a copy to: Ana Craft Assistant School Board Attorney Contracts Section 1450 N.E. 2"d Avenue, #430 Miami, Florida 33132 XVII. Use of Name: Neither party shall use the name of the other, in similar references to the same without the prior written approval from an authorized representative of that party. 8 XVIII. Debarment: Parties represents and warrants that they and their representatives (,officers and/or trustees, if applicable) are not: 1) currently excluded, debarred, or disqualified by any federal governmental agency or program or otherwise ineligible from receiving federal contracts or assistance; 2) present on the exclusion database of the Office of the Inspector General or the Government Services Administration; or 3) convicted of a criminal offense related to the provision of health care or under investigation for any of the above circumstances. XIX. Independent Contractors: The parties expressly intend that as to this Agreement, the parties shall be independent contractors, have no relationship other than the one created by this Agreement, and shall not receive any benefits other than those expressly proved herein. Further, the parties expressly intend that no agent, contractor, employee of one party shall be deemed an agent, contractor, or employee of the other party. XX. Entire Agreement: This Agreement and the Exhibits contains all the terms and conditions agreed upon by the parties regarding the subject matter of this agreement and supersedes any prior agreements, oral or written, and all other communications between the parties relating to such subject matter. [INTENTIONALLY LEFT BLANK] 9 IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto on the dates indicated below. ATTEST: Todd Hannon City Clerk • THE CITY OF MIAMI, a municipal Corporation of the State of Florida Daniel J. Alfonso City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney 10 Anne -Marie Sharpe, Interim Director Department of Risk Management DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE ("SCHOOL") By: Date: Armando Ferrer, President Medical Campus Attest: Approved as to form and legal sufficiency By: Rosa De La Torre, Carmen Dominguez, Contracts Manager Legal Counsel The SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("COMMUNITY PARTNER") By: Date: Authorized Officer Attest: Secretary 11 EXHIBIT A INSURANCE REQUIREMENTS - AFFILIATION AGREEMENT — THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA General Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. II. Automobile Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. III. Workers' Compensation A. Limits. of Liability: Statutory - State of Florida IV. Employer's Liability A. Limits ofLiability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit V. Professional Liability/Malpractice Coverage Each Claim General Aggregate Limit $1,000,000 $2,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellationor material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. REQUIREMENTS FOR MIAMI DADE COLLEGE: General Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. V. Automobile Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. VI. Workers' Compensation A. Limits of Liability: Statutory - State of Florida VII. Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit V. Professional Liability/Malpractice Coverage Each Claim General Aggregate Limit $1,000,000 $ 2,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. AFFILIATION AGREEMENT This Affiliation Agreement (" Agreement") is made and entered into by and bet 4en the District Board of Trustees of Miami Dade College ("School"), 5000 Role Models of Exc lence Project, Inc, ("Community Partner") and the City of Miami, acting by and through its. epartment of Fire - Rescue ("Department"), is entered into this day of 14, RECITALS WHEREAS, School, Department and Community Partner have a r tual interest in seeking expertise and resources to provide the highest standards of edufa ion and training in the emergency medical services field; and WHEREAS, City manages a Department of Fire -Rescue ("Department") that provides emergency medical services; and WHEREAS, the Department provides Emergency Medical ervices ("EMS") and Fire. Services and is willing to make its facilities available to Schoo s and Community partner's students participating in this emergency management training.p ogram ("Program"); and WHEREAS, the Department is not qualified by he State to provide EMS training and Emergency Medical Technician ("EMT") certifica ion and it recognizes the need to collaborate with a Southern Association of Colleges and S hools (SACS) accredited educational institution capable of providing EMT certification trainin , and WHEREAS, the School is a SACS accredi d educational institution capable of providing First Responder, Paramedic and EMT trainin /and certification programs for its students; and WHEREAS, School desires to provide learning experiences through the application of nt" knowledge and skills in actual patiecentered situations in the EMS and Fire Services field through didactic, psychomotor skill 'and evaluations; and WHEREAS, School is licensed/by the Florida Department of Health, Bureau of Emergency Medical Services in Tallahassee; Florida and accredited by the Commission on Accreditation of Allied Health Education Progi� ris upon the recommendation of the Committee on Accreditation of Educational Programs for EvIS Professions to provide Emergency Medical Technician College Certificates and a Paramedl Program and has agreed to provide training and certification for this Program; and WHEREAS, the Sch:bl is the largest and most diverse college in the nation; and WHEREAS, the School has seven (7) campuses, two (2) centers and more than 175,000 students from across the world; and WHEREAS, the School offers over 300 programs of study and several degree options including vocational,,d'ssociate and baccalaureate degrees; and r • / 1 r 60(c/ WHEREAS, the Community Partner will provide quality students, funding and mentoring for student selected to participate in the Program; and WHEREAS, the Community Partner is a dropout, prevention mentoring program committed to closing the minority male achievement (access) gap by guiding minority male students along a carefully charted path through grades K-12 and college or ensuring the attainment of other post -secondary credentials, and increasing their employability in higher wage, high skills jobs within high demand industries: and WHEREAS, School and Department will provide First Responder, Paramedic and EMT training for Community Partner's students who participate in this Program; and WHEREAS, in connection with their mutual interest, Department, School and Commun Partner desire to collaborate in the implementation of the proposed Program; and WHEREAS, the parties wish to execute this Affiliation Agreement ("Agreement") between the City,. School and Community Partner for said purpose. NOW THERFORE, the parties ,agree to the following: 1. PROGRAM: Department and School will design an education experience to train studep s in the areas of First Responder, Paramedic and/or EMT. This community involvement initiative is ,intended to provide mentorin and career guidance to high school students and training of high school graduates. The students will attain credentials towards future employment in Fire, EMS, or other related felds, ent a, b. c. The educational experience provided will be requirements of both School and Department. The Program will be periodically reviewed by the Department Representatives and, when appropriate, requirements of the Department . and School . alor. g .with the standards of their accrediting entities. The education experience for students in the Pp6gram will be an integral part of .the e under the direct supervision of the ensed or otherwise qualified to perform services provided by School, Students will Department or School personnel who are h. Emergency Medical Services. consist with the curriculum ity Liaison and School and rvised to meet the curriculum d. Participation in this Program can lead toyVar.ds obtaining, at a minimum, an Associates of Science degree from the School. e. Success of the Program will be meaired by the number of students who complete the Program and enter Fire/EMS yf other related careers (for example, Paramedics, Emergency Medical Services, etc.), progress into College or Universities studies and/or enter the workforce. f. Funding for the Program and students' participation in this program, including School application fees, registration/fees, tuition, laboratory fees (which include uniforms), books and supplies shall be`provided by the City through the Department, as provided in Section 4 entitled "Responsibility of Department" or provided by the Community 2 Partner, as provided in Section 4 entitled "Responsibility of Community Partner." 2, RESPONSIBILITY OF DEPARTMENT: The Department shall; a. Furnish the premises, personnel, services, and all other items necessary for the clini,l experience for the Program. b. Appoint a person with sufficient training whose responsibilities shall be to act as iaison between the School and the Department as liaison ("City Liaison"). a Shall provide field experiences (fire rescue ride time, etc.) to the student assigned hereunder. Such students shall be subject to the supervision direction and co;htrol of the Department while performing their assignments. • d. Provide equipment for instruction: The equipment will be used for the Sol fool to instruct the didactic and psychomotor portion of the Program to the students, The equipment will remain the property of the Department unless otherwise authorized i writing to the School, e. Advise all students of the rules, policies and procedures of the Department. f, The Department will collaborate with all parties involved to secure prb�grarnmatic funding will in part will be supported by the EMS Cadet Program Account (� 180013). g. The Department affirms that this Program will be solely funded from EMS Cadet Program Account (18-180013), funding provided by the Community Partn , as provided in Section 4 entitled "Responsibilities of the Community Partner," or outsid® donations. 3. RESPONSIBILITY OF SCHOOL: The School shall: a; Designate a member of School faculty ("School Represe ltative") to coordinate the clinical training experience of students participating in the Pro am with the Department. b. Be responsible for the scheduling of students admitt d to participate in the Program and maintain the appropriate records as required for the rogram. c, Provide the educational program for training the udents' to become Emergency Medical Technicians, First Responders and/or Paramedi s, including didactic, practical and clinical instruction. d Provide uniforms, as are included in the lab. :atory fees paid to the School. e, Develop criteria for the evaluation of the lab?, of students participating in the Program and shall provide those criterigiwith appropriate reporting forms (attendance, evaluation, etc.) to students and the Depa finent. f. Assign grades to students participating fn the Program on the basis of performance. g, Inform all students and personnel participating in the Program that they are required to comply with the rules and regulation of Program and School. h. Advise all students of the rules, policies and procedures of the Department and Program and that noncompliance of the ;rules, policies and procedures of the Program, the Department and the School may result in dismissal from the Program. i. Not charge Department for services performed by School in furtherance of the Program, but shall invoice the Department for the funding students' participation in this program, including School application fees, registration fees, tuition; laboratory fees (which include uniforms), 3 books and supplies, j, Cooperate with Department in matters related to academic performance and student conduct related to the Program. k. Provide proof to the Department that the students meet the requirements for tl Department's basic infectious disease review, which shall include health status reports or each student assigned to externship training, records of proof of immunization aganst common communicable diseases, a tuberculosis screening and any other requirements,/ 1, Provide Hospital Externship, A hospital externship is an experirental learning oppprtunity that provides the student with a short practical experience in the field, similp to an internship. 4, RESPONSIBILITES OF THE COMMUNITY PARTNER The Role Model shall: a. Provide students for the Program, Students will be selected by a conrp5ittee from students enrolled in the 5000 Role Models of Excellence Program, IZigh school graduates participating in the Program at the School shall meet the School's ;admission requirements prior being able to enroll in courses at the School. .• b, Provide funding/tuition as available from donated funding /Sources designated to the success of this Program. 1/ c, Provide transportation as necessary. / d. Guide, direct, and mentor students during the course/ of study and toward future endeavors. Counseling and guidance will be addre sed through supervision from guidance counselors, volunteer and mentors, It is a req 'irement that the student enters the next level of studies or find job placement after compl,ion of the Program. 5. GENERAL PROVISIONS: I. Compliance with laws: Department and 6hool shall comply with all applicable Federal, State; and municipal laws, ordh nces, rules, and regulations, including confidentiality of patient records, II. Performance: A delay in or failure of p rformance of Department or School that is caused by occurrences beyond the control of any party shall not constitute default hereunder, or give rise to any claim foildamages. III, Term and Effective Date: a. The term of this Agreement shall become effective when the Agreement is executed by the parties and shall continue in effect for three (3) years unless terminated earlier, Unless a party to this agreement sends notice to the other parties indicating that it/does not want to renew this agreement after the initial term, this Agreement shall automatically be extended for an additional three- year term thereafter.. b. Notwithstanding any other provision to the contrary, this Agreement may be 4 terminated without cause at any time by either party upon ninety (90) days' prior written notice to the other parties or upon completion of the students' course during the semester, whichever is later. No party will have any recourse, cause of action or claim from such a termination, c. In the event of a material breach of this Agreement, the aggrieved party may terminate this Agreement by giving thirty (30) days prior written notice of termination to the breaching party, If the breach is not cured, the Agreement shall terminate at the end of the thirty day period IV. Indemnification Clause: The School shall defend, indemnify and hold the City Miami, its officers, employees, and volunteers harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, subject to the provisions, limits and limitons Section 768,28(5), Florida Statutes, as may be amended, but only in propoion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or clams for injury or damages are caused by or result from the negligent or intentions+ acts or omissions of the School, its trustees, officers, agents, employees, students,/ r School Instructors (if applicable). / The City shall defend, indemnify and hold the School, its officers, ern¢iloyees, and volunteers harmless from and against any and all liability, loss, expene, reasonable attorneys' fees, or claims for injury or damages arising out of the perfo>rmance of this Agreement, subject to the provisions, limits and limitations of Section 768.28(5), Florida Statutes, as may be amended, but only in proportion to nd to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for,"njury or damages are caused by or result from the negligent or intentional acts or orris 'ions of the City, its officers, agents, employees, students, or Instructors (if applicable). The 5000 Role Models will indemnify the City and School frot personal injury and property loss or .damage arising out of the Role Models negligent acts or omissions in relation to the Agreement. V. Insurance: a. School, its sole cost and expense, shall keep in fore,and maintain at all times during this agreement insurance requirements in acc.rdance to ,Exhibit "A". b. School, as a public educational institution of the St .tle of Florida, shall at all times during the term hereof, maintain such liability ins ranee coverage as provided for under Section 768.28, Florida Statutes as may be al, ended. Certificates of Insurance, as evidence of coverage, shall be provided to the ty upon request.. c, The coverage required under this Section sha 1 not in any way limit the liability of School. School, upon the execution of his Agreement, shall furnish the Department with Certificates of Insurano evidencing compliance with all requirements. School shall provide thirty (30) days' advanced written notice to the Department of any modifications, ma erial change or cancellation of any of the above insurance coverage. /' d. Should the School fail or refuse to satisfy the requirement of change coverage 5 `(,, VI. Status of Students 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. Department, the Student and the School Instructor, if applicable, shall be subject to the a. During the period in whicha Student is assigned to the direction and control of the Department supervisors. b. It is expressly agreed and understood by the Department and School/ that students are present at the Department's facilities to participate in activities and assignments that are of educational value to students and that are appropriate to the course and scope of School's Program. i c. Students admitted and enrolled in the School shall be considered th`e School's students. VII. Discritnination -Prohibition a. School, and the Department agree not to discriminate in the selection of students to participate in this Program; or b. The Program and all related activities shall be conducted a manner that does not discriminate against any person on a basis prohibitjd by applicable laws, including but not limited to: race, color, national origin, religion, sex, age, veteran status, or disability. VIII, Patient Records: Any and all of the Department's, med. al records and charts created at the Department's facilities as a result of performance under this Agreement shall be and shall remain the property of the Department. Sch : 1 understands and agrees that it will require all of its students (and School Instructors if applicable) rotating through the Department facilities to maintain the confidentiality of all patient medical records and charts in accordance with the Department's polici and procedures and all applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act ("HIPAA"). School agrees / at students, and School Instructors if applicable, shall comply with any Department laining or education required to comply with HIPAA or other applicable laws. , IX. FERPA. The parties agrees that one or all may create, receive or have access to educational records that are subject to th9� Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. Section 1232g (c 4lectively, the "FERPA Records"), The parties represents, warrants, and agrees that th.�y will: (1) hold the FERPA Records in strict confidence and will not use or disclos. the FERPA Records except as (a) permitted or required by this Agreement, (b) requir, d by law, or (c) otherwise authorized by School or student in writing; (2) safeguard ;the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than 6 the standards by which each party protects its own confidential information; and (3) continually monitor its operations and take any action necessary to assure that the FERP Records are safeguarded in accordance with the terms of this Agreement, X. Interruption in Service: Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of wait; fire, insurrection, labor disputed, riots earthquakes, or other acts or nature. The obligations and rights so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. In the event the interruption of a party's performance continues for a period in excess of thirty (30) days, the other/party shall have the right to terminate this Agreement upon ten (10) days' prior written notice to the other party, XL Assignment: Neither party shall assign their rights, duties, or obligations under this • Agreement, either in whole or in part, without the prior written consent of the other party. XII. Severability If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been apart ofthe.Agreement, and the remaining provisions shall remain in full force and- effect unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement. XIII. Waiver: Waiver by either party of any breach of any provision of this Agreement or warranty or representation herein set forth shall be in y riting and not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a y aiver of such right. All rights and remedies provided for herein are cumulative, XIV. Modifications and Amendments: This Agre fnent may be amended or modified at any time by mutual written consent of the aut zorized representatives of all parties. XV. GoverningLaw: This Agreement shall b governed in all respects bythe laws of the g �g P State of Florida. It is hereby agreed and , derstood that the venue of choice for legal disputes shall be in Miami -Dade County, Florida. XVI. Notices: All notice required under th))'sAgreement shall be deemed to have been fully given when made in writing and delivered by; (i) personal delivery; (ii) deposit in the United States mail, postage pre -paid, certified mail, return receipt request; or (iii) overnight courier service, and add,essed as follows: r 7 City of Miami Daniel J. Alfonso, City Manager City of Miami 444 SW 2"d Avenue, 10th Floor Miami, Florida 33130 With a copy to: Victoria Mdndez City Attorney City of Miami 444 SW 2"d Avenue, 9th Floor/ Miami, Florida 33130 Miami Dade College Rosa de la Torre, Contracts Manager/ Medical Campus_ Miami Dade College 950 N.W. 20th Street / Miami, Florida 33127 With a copy to: Mark Everett, Dean rr School of Health Sciences 1!. Medical Campus ' f' Miami Dade College / 950 N.W. 20th Street 1 Miami, Florida 33127 ,, 5000 Role Models of Excellence Project, Inc. Dr. Theron A. Clark Program Administrat r r 1450 NE 2"d Avenu , #227 Miami, Florida 33 2 305.995.2451 XVII. Use of Name: Neither party shall use the name of the•oiaher, in similar references to the same without the prior written approval from an autyl?orized representative of that party. XVIII. Debarment: Parties represents and warrants that they and their representatives (,officers and/or trustees, if applicable) are not: 1) currently excluded, debarred, or disqualified by any federal governmental agency or program or otherwise ineligible from receiving federal contracts or assistance; 2i present on the exclusion database of the Office of the Inspector General or theovernment Services Administration; or 3) convicted of a criminal offense related o the provision of health care or under investigation for any of the above eircumstaaa€es. XIX. Independent Contractors: The parties e,pressly intend that as to this Agreement, the parties shall be independent contractors, lave no relationship other than the one created by this Agreement, and shall not receive/any benefits other than those expressly proved herein. Further, the parties expressly/intend that no agent, contractor, employee of one party shall be deemed an agent, contractor, or employee of the other party. / 8 XX, Entire Agreement: This Agreement and the Exhibits contains all the terms and conditions agreed upon by the parties regarding the subject matter of this agreement and !i supersedes any prior agreements, oral or written, and all other communications between the parties relating to such subject matter, [INTENTIONALLY LEFT BLANK] 1 f� IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto on the dates indicated below, ATTEST: Todd Hannon City Clerk APPROVED AS TO FORM AND LEGAL CORRECTNESS: Victoria Mendez City Attorney 10 THE CITY OF MIAMI, a municipal• Corporation of the State of Florida r Daniel J. Alfonso City Manager APPROVED AS TO ,INSURANCE REQUIREMENTS: Ann -Marie;'harpe, Interim Director Department' of Risk Management DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE ("SCHOOL") By: Date: Armando Ferrer, President Medical Campus Attest: Approved as to form and legal sufficiency By: Rosa De La Torre, Carmen Dominguez, Contracts Manager Legal Counsel The 5000 Role Models of Excellence Project, inc, ("COMMUNITY PARTNER") By: Date: Authorized Officer Attest: Secretary 11 EXHIBIT A INSURANCE REQUIREMENTS - AFFILIATION AGREEMENT — 5000 ROLE MODELS OF EXCELLENCE PROJECT, INC. I, Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Miami Dade College listed as an additional insured Primary and Non Contributory • Contingent and Contractual Exposures Premises and Operations Liability II. Business Automobile Liability A, Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident • • $ 3'00,000 Endorsements Required City of Miami listed as an additional insured Miami Dade College Listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $ 1,000,000 $ 2,000,000 The above policies shall provide the City of Miami with written notice of cancellation'or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no lel than "Class V" as to Pinancial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. i REQUIREMENTS FOR MIAMI DADE COLLEGE: General Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768,28, Florida Statutes, as may be amended. II, Automobile Liability Self -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. f` III. Workers' Compensation !I A. Limits of Liability: Statutory - State of Florida ' IV, Employer's Liability A. Limits ofLiability $500,000 for bodily injury caused by ,an accident, each accident $500,000 for bodily injury caused by/disease, each employee $500,000 for bodily injury caused ,by disease, policy limit V. Professional Liability/Malpractice Coverage Each Claim General Aggregate Limit $1,000,000 $2,000,000 The above policies shall provide the City of Miami with written notice of cancellation or / material change from the insurer not less than (30) days prior to any such cancellation on material change, Companies authorized to do business in the State of Florida, with the following qualihcati'ons, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, • published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval,