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
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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
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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:
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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
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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,
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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.
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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]
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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)
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