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HomeMy WebLinkAboutBack-Up DocumentsiThe 10 r�.1 r,x rllu> August 22, 2014 Mr. Frank Gomez Property & Casualty Coordinator. City Of Miami Department Of Risk Management 444 5W 2"d Avenue 33130 RE: Affiliating Agreement Dear Mr. Gomez: Perla 1,--itior-?[infi l,ul. Choir i7r (..,-two:r;re F; FEhlrr�. r�, Vici: („1'ran p+ Dorothy r=eutlros.^,-Mi,rrlirrilnii ;su ie 1? r,o,Jilio VNill!t r f "Tee' lrnua y Cr lvlarho Karp D. Marta Pe.i.oz Raquel A. Re of do This letter is written in response to the request to provide a Certificate of Insurance for the above referenced agreement between The School Board of Miami, Dade County, Florida and the City of Plliami in regard to the 5000 Role Models of Excellence. Please be advised that the School Board of Miami -Dade County, Florida maintains an ongoing self-insurance program for Public Liability, Automobile Liability and Workers' Compensation Insurance covering the School Board's members, officers and employees. We ask that you accept this confirmation of our self-insurance program, subject to the limitations of Florida Statute 768.28, in fleu of submitting a certificate of insurance. If you have any questions, please feel free to contact me at (305) 995-7182. Sincerely, Michael Fox Executive Director Office of Risk and Benefits Management Office of Risk and Benefits Management School Board Administration Building 1501 N.E. 2nd Avenue • Suite 335 . Miami, FL 33132 305-995-7129 395-995-7170 (FAX) » riskmanagemenLdades•chools.net AFFILIATION AGREEMENT i 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, Florida ("Community Partner") and the City of Miami, acting by and through its Department of Fire -Rescue ("Department"), is entered into this1rt day of �, ibex , 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 Firc-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 ` 1TEREAS, 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 WI{ER AS, 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 175,0(30 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 `I-HEREAS, the Community Partner will provide quality students, and mentoring for student selected to participate in the Program; and WHEREAS, the Community Partner by and through the 5,000 Role Models of Excellence Program 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 wane, high skills jobs within high demand industries: and WHEREAS, School and Department will provide First Responder, Paramedic and EMT traitiin, 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 `VFIEREAS, the parties wish to execute this Affiliation Agreement ("Agreement") hem een the City, School and Community Partner for said purpose. NOW THER ORE, 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 cf 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 wvho 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 progratn, 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 2 in Section 2 entitled "Responsibility. of Department" or provided by the Community 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 Departmentasliaison ("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 instmci the didactic and psychomotor portion of the Prcgga-am 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 the City involved to secure programmatic funding which in part will he supported by the EMS Cadet Program Account (I8-130013). g. The Department affirms that this Program will be solely funded from EMS Cadet Program Account (I8-1SU013), funding may also be provided by the Community Partner, as provided in Section 4 entitled "Responsibilities of the Community Partner," or outside donations. 3. RESPONSIBILITY OF SCHOOL: 'File 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. e. 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 Proerani 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 3 shall invoice the Department litir the funding students' participation in this proirram, including School application fee:, registration fees, tuition, laboratory fees (which include uniforms), books and supplies. Cooperate Leith 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, a tuberculosis screeninv and any other requirements. 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. RESPC7\SIBILITES OF THE COMMUNITY PARTNER The Community Partner shall: a. Provide students for the Prom -am. Students will be selected by a committee from students enrolled in the 5000 Role Models of Excellence Prouram. High school graduates participatioc in the Program at the School shall nt«r the School's admission requirements prior to being able to enroll in courses at the School. h. Provide fundins'tuitian as available from donated funding sources designated to the success of this Program. y r. Guide, direct. and mentor students during the course of study and toward fubrre endeavors. Counseling and guidance will be addressed through supervision from guic'.ance counselors, volunteers and mentors. Ir is a requirement that the student enters the next level of studies or find job placement after completion of the Program. a. GENERAL PROVISIONS:: I. Compliance with Lots: 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 &lay 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. Terns and Effective Date: a. The term of this Agreement shall be tor 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 writinu as explained in Part " B". 4 b. Notwithstanding any other provision to the contrary, this Agecment 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 claiin 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. 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 768.23(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 trustees, officers, employees, and volunteers hareiles.s 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 768.73(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 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 763.23(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 Board, its officers, agents, employees, Students, or School Instructors (if applicable). 5 The City shall defend, indemnify and hold the School Board, its officers, employees, and volunteers harml,ess 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 76828(51, 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 ofthc City, its officers, agents, employees, students, or Instructors (if applicable). The School shall defend, indemnify and hold the Community Partner, 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 768.2S0), Florida Statutes, as may be amended, but only in proportion to and to the extent such liability, loss. expense, reasonable attorneys' fecs. or claims for injury or darnan,es 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 Community Partner shall defend, indemnify, and hold the School, its trustees, 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 periormanee of this Agreement, subject to the provisions, limits and limitations Section 76S.28(5), Florida Statutes, as may be amended, but only in propoolon tt, 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 officers, agents, employees, students, or school instructors, if applicable. V. Insurance: a. School, its sole cost and expense, shall keep in force and maintain at all tithes durin2 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 76S.3S, Florida Statutes as may be amended. Certificates of Insurance, as evidence of coverage, shall be provided to the City upon request.. c. The coverage required under this Section shall not in any cvav 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. 6 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 arc 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. V II. Discrimination -Prohibition 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, gee. veteran status, or disability. 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 he and shall remain the property of the Department. School understands and agrees that it will require all of its students (ancl School Instructors if applicable) rotating through the Department facilities to maintain the contidentiality 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 ("1-I€PAA"), School agrees that students. and School Instructors if applicable, shall comply with any Department training or education required to comply vith FIIPAA or other applicable taws. 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 12.32g (collectively, the "FERPA Records"). The parties represents, s,varants, 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 Agzreeznent, (b) required by law, or (c) otherwise authorized by School or student in writine: (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 infortnation; and (3) continually monitor its operations and rake any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of this Agreement. 7 X. Interruption in Service: Either party shall be excused from any delay or failure in performance herr:umitrr 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 clay -to -day basis for the time period equal to the period of such excusable intemtption. In the event thc interruption of a party's periortnance continues for a period in excess of thirty (30) days, the other party shall have the right to terminate this Agreement upon ten (IQ) days' prior written notice to the other party. \1. Assignment. Neither- party shall assign their rights, duties, or obligations under this Agreement, reenient, either in whole or in part, without the prior written consent of the other party. X11 Severahility; If any provision of this Aereetnent is held to be illegal, invalid, or unenforceable under present or future laws ef'fccrive during the terra hereof, such provision shall be fully- severable. This Agreemenr 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 hall 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. Xl11. Waiver: 'Waiver by either party of any breach of any provision of this Agreement or warranty or rep resenration herein set forth shall be in v,'ritin2 and not be construed as a waiver of any subsequent breach of the same of 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. i\Iodifications and .Amendments: This Agreement may be amended or modified at any time by mutual written consent of the authorized representatives of all parties. XV. Coverning Law This Agreement shall be governed in all respects by the laws of the State of Florida. It is hereby ar?reed and understood that the venue of choice 1'or legal disputes shall be in Miami Dade County, Florida. Each party is responsible for their - own attorney fees. \VI. Notices: All notice required under this Agreement shall be deemed to have been fully triven 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: 8 XVII. City of Miami Daniel J. Alfonso, City Manager City of Miami 444 SW 2" `t Avenue, 10`r' floor Miami, Florida 33130 With a copy to: Victoria Mendel City Attorney City of Miami .44 SW 2'''' Avenue, 9'h Floor Miami, Florida 33130 Miami Dade College Rosa de la Torre, Contracts Manager Medical Campus Miami Dade College 950 N. W. 20'r' 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 Nliarni-Dade Public School Board ' Alberto Carvalho, Superintendent 1450 NE.E. 2' Avenue, +912 Miami, Florida 33132 With a copy to: Walter J. Harvey School Board Attorney 1-150 N.E. 2"`` Avenue, =430 • :vliami, Florida 33132 Use of Nance: 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. XVIII. Debarment: Parties represents and warrants that they and their representatives (,officers and or trustees, if applicable) are not: 1) currently excluded, debarred, or disclualif:ed b: any federal governmental agency or pro(zram 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. 9 XX. Entire :agreement: This A!areenlent and the Exhibits contains all the terms and conditions asreed upon by the parties regarding the subject matter of this azreement and supersedes any prior agrcements. oral or written. and all other communications between the parties relating to such subject matter. fI\TENTIO ALLY LEFT BLANK] 10 IN WITNESS WI IERFOF. ihi. Ac2reemeni has been executed by and on haul tof the parties hereto on the dates indicated below. ATTES 1: /-4—. Toild lix-Inon ! Citv Clerk APPROVED AS *F0 FORM AND LEG, I.. CORRECTNESS: Victoria Nle City Attorney 11 THE CITY OF MIAMI, a municipal Corporation of the State of -Florida Daniel J. Alfons City Manager /APPROVED AS TO INS I; 'ANC" - REQUIREMENT / • / Anne -Mary . hal le, Interim linectu, Departmenj oF Ri k Management D/STRiCT BOARD OF TRY STEES OF MIANII DADE COLLE(E t"SCHOOL') Attest: ./ • - • Armando Ferrer, President Medical Campus Rosa De La Torre, CunEracts Manager Date: Approved as to form and legal sufficiency Carmen Doming:uez, Legal Counsel The SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA ("COMMUNITY PARTNER.") DZS;.•gne ;Name Typed) APPROVED AS TO FORM AND LEGAL SUFFICIENCY School So ttoriicy Date Reviewedand Approved: sk Managernerit EXI-[ [[3 [l' Al INSURANCE REQUIREMENTS - AFFILIATION AGREEMENT — THE SCHOOL. BOARD OF ML-\MI-DADE COUNTY. FLORIDA General Liability Sell -Insurance, subject to the provisions, limits and limitations of Section 768.28, Florida Statutes, as may be amended. !I. Automobile Liability Self -Insurance, subject to the provisions, limits and liniit,rtions of Section 76 .28, Florida Statutes, as may be amended. I]]. Workers Compensation A. Limits of Liability: Statutory - State of Florida 1V Employer's Liability A. Limits of Liability S500,000 fnr bodily injury caused by an accident, each accident S500,000 for bodily injury caused by disease, each employee 500,000 for bodily injury caused b} disease, policy limit V. PrafessRmuI Liab;hty`iVIalpractice Coverage Each (Timm General Limit 51,000.000 S2,000,000 The above policies shal] provide the City of Miami with written notice of cancellation or material chan_ae from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the Stare or 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 or insurance are subject to review and verification by Risk Management prior to insurance approval. REQUIREMENTS MR iMIAtMI DADE CC)I.1.f Ci[: General Liability Self -Insurance, subject to the provisions, limits and Iimitations 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 Vll. Employer's Liability A. Limits ofLiability S500,000 for bodily injury caused by an accident, each accident S500,000 for bodily injury caused by disease, each employee SSU0,000 for bodily injury caused by disease, policy limit. V. Professional Liaibility:'itilalpractice Coverage Fach Claim General AL rc gate Limit S 4 ,000,000 S 2,000,000 The above policies shall provide the City of tilituni with written notice of cancellation or material clrauge from the insurer not less than (30) days prior to any such cancellation or rnaterial chan,ze. Companies authorized to do business in the State of Florida, with the follotivintr qualifications, shall issue all insurance policies required above: The company must he 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, Old\` ick, 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.