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HomeMy WebLinkAboutItem 02 Approval of Educational Affiliation Agreements City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 16, 2024 Item #: 2 Contact Name: CJ VanCamp Department Director: Tom Smothers Contact Number: Ext. 2006 City Manager: Robert Frank Subject: Approval of Educational Affiliation Agreements. (Deputy Fire Chief Van Camp) Background Summary: The Ocoee Fire Department is seeking formal affiliation agreements with Seminole State College of Florida (SSC) and with First Response Training Group (FRTG), which will allow personnel who are attending paramedic school the ability to complete their ride time on the agency’s rescue units and receive credit towards their education. Issue: Should the Honorable Mayor and City Commissioners approve the agreement and authorize the Mayor to enter into affiliation agreements with SSC and FRTG to enable personnel to receive credit for paramedic clinical ride time? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve the agreement and authorize the Mayor to enter into the affiliation agreements with SSC and FRTG. Attachments: 1. 2023 FRTG Affiliation Agreement 2. SSC Educational Services Agreement - Clinical Placements Financial Impacts: There is no financial impact caused by these agreements. Type of Item: Consent Page 9 of 909 Page 10 of 909 Page 11 of 909 Page 12 of 909 Page 13 of 909 Page 14 of 909 Page 15 of 909 SSC Version 01/22 Page 1 EDUCATIONAL SERVICES AGREEMENT Emergency Medical Services Programs THIS AGREEMENT made and entered into this _____ day of ______________, 20__ by and between the DISTRICT BOARD OF TRUSTEES OF SEMINOLE STATE COLLEGE OF FLORIDA, having its principal facility at 100 Weldon Boulevard., Sanford, Florida 32773-6199, (the “College”) and ___________________________________ (the “Contractor”), having its principal facility at _____________________________________________________ . W I T N E S S E T H: WHEREAS, the College operates a community learning center in Seminole County under the name of Seminole State College of Florida, and WHEREAS, the Contractor operates a facility suitable for clinical/laboratory (on-the-job) training of specified areas of instruction conducted by the College, and WHEREAS, the College desires to utilize the Contractor’s facility, equipment, and where appropriate and allowable, personnel to conduct student training. ARTICLE I AGREEMENT SPECIFICATIONS Orientation shall consist of observing, assisting, and other such duties as may be expected of new employees. It is understood that individuals entering healthcare programs offered by the College do so on a voluntary basis and with a primary purpose of furthering their education within the related fields of study. It is understood that the College assumes full responsibility for the education of its students. It is understood that each student assigned to the clinical site shall have completed the appropriate course work, as well as the OSHA educational training program on bloodborne pathogens and HIV, CPR certification, and all other necessary immunizations required by the Contractor. Contractor and College agree that any immunization requirements for placement at Contractor’s site shall solely be requirements of the Contractor and not of the College. Evidence of all required immunizations shall be provided by College to the Contractor except for COVID-19 immunization, which shall be provided directly by the applicable individuals to the Contractor, per sections 112.0441 and 389.00319, Florida Statutes. The Contractor agrees to structure experiences as needed to meet the mutually accepted objectives of the clinical experiences. ARTICLE II REPRESENTATIONS AND WARRANTIES BY THE COLLEGE The College warrants and represents the following: A. That minimum educational admission standards will be established which are consistent with the appropriate accrediting or program approval agency, and that where accrediting and approval agencies Page 16 of 909 SSC Version 01/22 Page 2 for healthcare programs do not exist, minimum educational standards shall be developed by the College’s program chairperson and/or director, staff, and special program advisory committee. B. That the Director of Clinical Education (DCE) will coordinate student practicums with the Contractor’s Clinical Coordinator of Clinical Education (CCCE) and/or Clinical Instructor (CI). C. That duly enrolled students shall be accepted for educational training experiences with the understanding that the maximum number of students assigned to the Contractor departments shall not exceed the capacity determined by the Contractor at its sole discretion. D. That the College’s director, educational chairperson, or director will furnish a written and planned sequence of services and learning competencies specified in the College’s program curriculum. E. That any special provision, policies, or accrediting agency requirements for educational programs shall be set forth, in writing, within the appendices of this Agreement. F. That the College, subject to the limitations of section 768.28, Florida Statutes, and decisions thereunder, shall be responsible for any claims, liabilities, or damages directed against the College as the result of the negligent acts or omissions of the College, its officers, employees or agents. Nothing herein is intended to nor shall it be construed to be a waiver of sovereign immunity by the College as adopted in Florida Statute 2.01, nor shall it be construed as consent by the College to be sued by third parties in any matter arising out of this Agreement. The limited waiver of sovereign immunity set forth in Florida Statute 768.28 for tort actions brought against the College shall be applicable to any action brought pursuant to this provision, even if the action sounds in contract and/or indemnity rather than in tort. G. That the College, through the Florida College System Risk Management Consortium (FCSRMC), shall obtain and maintain occurrence-type professional liability insurance coverage in amounts not less than $2,000,000 per incident and $5,000,000 annual aggregate covering the student participants and any faculty members for instruction/supervision of students only. The College shall provide a certificate of insurance to the Contractor evidencing such insurance coverage if required by the Contractor. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. H. That, prior to assignment with the Contractor, the College shall require prospective students to obtain a criminal background check in any State/Province in which student has worked, resided, or been a student within 24 months prior to accepting assignment with the Contractor. If the student does not pass the applicable screening, the College will not permit him or her to participate in the program. ARTICLE III REPRESENTATIONS AND WARRANTIES BY THE CONTRACTOR The Contractor warrants and represents the following: A. That clinical/laboratory (on-the-job) training experiences for the College’s Healthcare students will be provided for each student officially enrolled and accepted to the educational program of the College. B. That the Contractor agrees to abide by the following College’s student personnel policies: Page 17 of 909 SSC Version 01/22 Page 3 1. That students who are scheduled for training shall be scheduled within the hours and days as agreed from time to time between the Contractor’s supervisor and the College’s coordinator. 2. That students will wear appropriate clothing which has been adopted by the Contractor and the College when on duty, if special type clothing is required. 3. That students will be allowed to make up Contractor training time which may be lost because of unavoidable absence, as determined by the ACCE and the CCCE. That make-up time shall enable aforementioned students to complete the required program Contractor training hours in each identified service area. 4. The final grade for all of the clinical experiences will be given by the DCE. The grade is determined after the ACCE reviews all required documentation from the DCE, CI, and student. Each course syllabus outlines the GRADE requirements. C. That the DCE shall be granted access to the Contractor’s facility where students have been assigned for training purposes and that the purpose shall be to monitor and evaluate the student’s training activity and program of instruction. D. That supervised training experiences in all phases of the profession shall be permitted as it applies to the Contractor’s employee job assignment and the College’s program curriculum, and the orientation, training, and experience the students have received. E. That the DCE and faculty shall, when possible, be included in the Contractor’s departmental meetings when policies, work procedures, or actions to be discussed will affect and/or relate to the student’s training schedule with the Contractor. F. That the Contractor shall maintain during the term of this Agreement professional liability insurance in amounts of not less than $1 million per incident/$3 million aggregate. G. Notwithstanding any provision to the contrary within this Agreement, any party contracting with College under the Agreement shall fully comply with the requirements of: (i) Sections 1002.22, 1002.221, and 1006.52, Florida Statutes; (ii) The Family Educational Rights and Privacy Act of 1972, codified at 20 U.S.C. 1232g (“FERPA”); (iii) the regulations issued under FERPA at 34 C.F.R. Part 99; and (iv) any other federal, state or College law, regulation, rule, policy or procedure regarding the confidentiality of student information and records including, but not limited to, restrictions on re-disclosure of such records / information (items (i) through (iv) collectively, “Privacy Laws”). Every such contracting party agrees, for itself, its officers, employees, agents, representatives, heirs, successors, assigns, contractors or subcontractors, to fully indemnify and hold harmless College and its officers and employees for any violation of the Privacy Laws, including, without limitation, defending College and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon College, or payment of any and all costs, damages, judgments or losses incurred by or imposed upon College arising out of a breach of this covenant by the party, or an officer, employee, agent, representative, heir, successor, assign, contractor, or sub-contractor of the party to the extent that the party or an officer, employee, agent, representative, heir, successor, assign, contractor, or sub-contractor of the party shall either intentionally or negligently violate any of the Privacy Laws. Additionally, for purposes of FERPA, College hereby designates Contractor’s employees and Page 18 of 909 SSC Version 01/22 Page 4 independent contractors involved with or related to administration of this Agreement as school officials with a legitimate educational interest in the education records provided, and those individuals shall be under the direct control of College with regard to the use and maintenance of educational records. Further, Contractor agrees not to redisclose any information contained in educational records provided by College except as may be authorized by the affected student or otherwise provided by law. Contractor agrees to treat all education records as confidential and not to disclose such student education records except to College and Contractor officials who need the information to fulfill their professional responsibilities under this Agreement, or as required or permitted by law (including the Privacy Laws). H. Pursuant to Section 119.0701, Florida Statutes, any party contracting with the College is required to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. ALL REQUESTS FOR PUBLIC RECORDS RECEIVED BY THE CONTRACTOR MUST BE IMMEDIATELY REFERRED / FORWARDED TO THE COLLEGE. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, Page 19 of 909 SSC Version 01/22 Page 5 CONTACT THE CUSTODIAN OF RECORDS VIA THE OFFICE OF LEGAL AFFAIRS AT 100 WELDON BOULEVARD, SANFORD, FLORIDA 32773-6199, (407) 708- 2363 OR SQUIRESJ@SEMINOLESTATE.EDU. ARTICLE IV MISCELLANEOUS The College and Contractor warrant and represent the following: A. That illness, injury, or absence of any student shall be reported immediately by the student to the appropriate designated Contractor supervisor and the College instructor. A report of any accident shall be completed within a reasonable time as required by the Contractor and the College. B. Upon the request of the Contractor, the College will immediately withdraw from the Contractor’s facility any student whose work performance, or personal conduct, in the opinion of the Contractor is having a detrimental or disruptive effect upon the normal operation of the departments or personnel of the Contractor or constitutes a risk to safe patient care. C. That the Contractor reserves the exclusive right and accepts the responsibility to refuse Contractor training privileges in its facility or in any specified department to any student who has previously been withdrawn by the College at the Contractor’s request, or who has been legally dismissed as an employee of and by the Contractor for reasons which make acceptance as a Contractor affiliate inadvisable in the opinion of the Contractor. D. That the College may likewise withdraw any student whose progress, personal conduct, or work adjustment does not meet the minimum standards set forth by the College for continuation in the enrolled educational program. E. That final action which may be taken regarding a student rests with the College. F. That the College and Contractor may withdraw from this Agreement by delivering written notice of such a decision not less than sixty (60) calendar days in advance of such withdrawal. Where the Contractor chooses to withdrawal a training facility, the Administrator agrees that students presently enrolled and receiving Contractor training will be allowed to complete their scheduled Contractor training program even though the time required may exceed the sixty (60) day period. G. That the Contractor will provide medical assistance (if available) upon the student becoming ill or injured, at the student’s expense. H. That the Contractor will provide adequate classroom and conference room space and library facilities for the use of the available instructional materials when applicable. I. That the Contractor has the ultimate responsibility for the patient. J. That the College will provide the Contractor a copy of clinical instructor’s professional license upon request. Page 20 of 909 SSC Version 01/22 Page 6 K. That students shall adhere to all policies, procedures, rules, and regulations of the Contractor as periodically amended. L. That the College and Contractor agree that there will be no distinction in regard to placement or treatment of students because of race, color, religion, national origin, ethnicity, age, sex, gender, veterans or military status, disability, sexual orientation, genetic information, marital status, or any other factor protected under applicable federal, state, and local laws and regulations and the parties agree to adhere to the provisions of Federal and State Laws regarding discrimination. M. This Agreement shall be governed by the laws of the State of Florida. Venue for any actions or proceedings relating to this Agreement shall be in Seminole County, Florida. ARTICLE V MODIFICATIONS, ADDENDA AND TERM RENEWAL A. No counterparts; facsimile signature allowed. This Agreement may not be executed in counterparts. It may however, along with any and all exhibits, be executed and delivered by facsimile signature by any of the parties to the other parties; to the extent permissible under Florida law, a facsimiles signature shall have the same legal force and effect as an original signature and the receiving party may rely on the receipt of such document so executed and delivered by facsimile signature as if the original had been received. B. That this instrument contains the entire general agreement and any special provisions within the appendices, for the respective parties with regard to the Contractor training activities contemplated herein, and no representations, statements, or agreements have been made between the parties or their employees which are not specified in this Agreement. This Agreement may not be changed, amended, or modified except in a writing signed by both parties. C.Each individual signing this Agreement directly and expressly represents and warrants that they have been given (and have received and accepted) authority to sign this Agreement by all necessary corporate action on behalf of the party for whom it is indicated they have signed, and that their signature shall bind the party to the terms of this Agreement. Each party to this Agreement is entitled to rely on this representation and warranty when entering into this Agreement. D. The initial term of this Agreement shall be for a period of _____ years commencing _____________________ and ending ______________________. This Agreement may automatically renew for period(s) of one (1) year. During any renewal term, the provisions of this Agreement shall remain the same. ARTICLE VII NOTICE Any communication provided for herein shall be given in writing to the College and Contractor at the addresses shown below, or any other address specified by the parties. COLLEGE: CONTRACTOR: Associate VP School of Business, Health & Public Safety [Contact Name] Page 21 of 909 SSC Version 01/22 Page 7 Seminole State College of Florida [Facility Name] 100 Weldon Blvd [City, State, Zip Code] Sanford, FL 32773 [Phone] Phone: (407) 708-2315 IN WITNESS WHEREOF, the parties have hereunto set their hand and seals, and executed this Agreement on the day and year first written. THE DISTRICT BOARD OF TRUSTEES OF SEMINOLE STATE COLLEGE OF FLORIDA: (Administrator) (Date) CONTRACTOR: (Administrator) (Date) _____________________________________________________ (print name) _____________________________________________________ (Title) Page 22 of 909