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HomeMy WebLinkAboutItem 06 Approval of Educational Agreement with OMI City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 18, 2026 Item #: 6 Contact Name: Charles Van Camp Department Director: Thomas Smothers Contact Number: Ext. 2006 City Manager: Craig Shadrix Subject: Approval of Educational Affiliation Agreement with Orlando Medical Institute. (Deputy Fire Chief Van Camp) Background Summary: The Ocoee Fire Department is seeking to renew a formal affiliation agreement with Orlando Medical Institute (OMI) 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 Commission approve and authorize the Mayor to enter into an affiliation agreement with OMI to enable personnel to receive credit for paramedic clinical ride time? Recommendations: Staff recommends the Honorable Mayor and City Commission approve and authorize the Mayor to enter into an affiliation agreement with OMI to enable personnel to receive credit for paramedic clinical ride time? Attachments: 1. OMI Affiliation Agreement - EMS Financial Impacts: There is no financial impact caused by this Agreement. Type of Item: Consent Clinical Affiliation Agreement 7.2026 1 Orlando Medical Institute STATEMENT OF AGREEMENT For EMS Clinical Sites This affiliation Agreement is hereby made and entered into between Orlando Medical Institute, (hereinafter “the School”) and _______________________________, (hereinafter “the Site”). WHEREAS, the School is an educational institution providing degree & diploma programs in Emergency Medical Services; and WHEREAS, clinical education in emergency medical care is a required and integral part of the degree & diploma programs; and WHEREAS, the Site possesses the facilities and professional expertise to provide clinical education to the School’s students enrolled in its Emergency Medical Services degree and diploma programs, NOW, THEREFORE, the following are the complete terms and conditions that the parties intend to be legally bound: PURPOSE OF AGREEMENT This Agreement sets forth the terms under which the Site will provide the School faculty, staff, and student access to its facilities consistent with the purpose of this Agreement. This Agreement also establishes the manner in which the School will access the Site so that the well-being of the Site, its staff and patients will not be jeopardized. I. Duties and Responsibilities of the School A. Administration of Program: The School shall assume responsibility for the administration of the clinical program, including, but not limited to, curriculum development, grading, requirements for matriculation, credits, scheduling, and clinical hours. B. Supervision of Students’ Clinical Activities: The School shall designate its own faculty qualified by training and experience to plan, oversee, and evaluate the students’ clinical activities. C. Dissemination of Information: The School shall inform all students and faculty of their responsibilities under this Agreement including their obligation to abide by the rules and regulations of the Site. Clinical Affiliation Agreement 7.2026 2 D. Number of Students: The School shall provide the Site with the number of students to be mutually agreed upon for the days and hours mutually agreed upon. E. Health Status: The School shall require students participating in the clinical program to meet the health requirements of the Site and/or state regulatory agency. Proof of compliance may be required before participation in the program. F. Liability Insurance: The School shall provide and maintain bodily injury, property damage, and professional liability insurance with a minimum limit of $1,000,000 per occurrence and an annual aggregate of $1,000,000 per occurrence. G. Indemnification: The School shall indemnify and hold harmless the Site and, if applicable, the City/State, its departments, agencies, officials, employees, agents and servants against claims of liability or expense arising from willful or negligent action or omission of the School or its agents participating in this program. H. Transportation: Students shall be responsible for their own transportation to and from placement sites. I. Uniform: Students shall wear the necessary and appropriate uniform while on duty at the Site. J. Publishing Material: Students shall obtain prior written approval of both parties to this Agreement before publishing any material related to the learning experience provided under the terms of this Agreement. K. Notification: The School shall notify the Site of any changes in faculty, curriculum, and policy that may affect the clinical education program. II. Duties and Responsibilities of the Site A. Structure of the Clinical Program: The Site shall provide facilities and practice appropriate for successful completion of a clinical program. In addition, the Site shall provide learning experiences that are compatible with the mission of the School. B. Liaison/Field Coordinator: The Site shall appoint an employee to serve as liaison/field coordinator between the Site and the School. C. Orientation: The Site shall orient the faculty and students to the rules, regulations, and practices of the facility. The Site shall also provide necessary regulatory and safety compliance training. D. Patient Care Responsibility: The Site shall retain full responsibility for the supervision and care of all patients. E. Reservation of Rights: The Site may reserve the right to reasonably discipline any student or faculty member who fails to comply with facility policies and procedures. Discipline Clinical Affiliation Agreement 7.2026 3 may result from conduct, work, or health status that materially interferes with the Site’s ability to care for patients or impairs the student from benefiting from the clinical experience. The Site shall notify the School’s faculty member responsible for the student’s practice. F. Student Progress Reports: The Site shall provide the School all information requested concerning a student’s clinical performance. G. Student Records: Pursuant to the Family Educational Rights and Privacy Act (FERPA), the Site shall protect the confidentiality of the student’s records and shall not release any information without written consent from the student unless required to do so by law. Site shall provide written notice to the School within 24 hours of any accident, illness or other event occurring at Site involving a student. H. Liability: The Site shall maintain in force during the term of this Agreement, bodily injury, property damage and professional liability insurance, with coverage of at least $1,000,000 per occurrence and an annual aggregate of $1,000,000 per occurrence, insuring itself and its agents and employees for their acts, failures to act, or negligence, arising out of, or caused by, the activity which is the subject of the Agreement, and upon request will furnish a certificate evidencing that such insurance is in force to the School. I. Indemnification: 1. If the Site is a state agency, it shall indemnify and hold harmless the School, its departments, officials, employees, agents and servants against claims, liabilities or expenses (including attorney’s fees), arising as a result of any direct or indirect, willful or negligent action or omission of the Site or its officials, employees, agents and servants. Liability of the Site shall be limited to the provisions and limits of the Local Government Tort Act or the Federal Employees Liability Reform and Tort Compensation Act, 28 U.S.C. 2679(b)-(d) (whichever is applicable). 2. If the Site is not a state agency, it shall indemnify and hold harmless the School, its agents, students, and employees, from any and all liability, damage, expense, cause of action, suits, claims, or judgments arising from injury to person or personal property or otherwise which arises out of the act, failure to act or negligence of the Site, its agents and employees, in connection with or arising out of the activity which is the subject of this Agreement. 3. Health Insurance Portability and Accountability Act (HIPAA): The parties agree to comply with applicable federal laws and regulations governing the use and/or disclosure of individually identifiable health information. III. Mutual Terms and Conditions A. Term and Termination of Agreement: This Agreement shall commence upon the date of the last signing party and extend until terminated by either party upon at least ninety (90) days prior written notice, provided that the termination of this Agreement will not impair the clinical assignment of any student then assigned to the Site. Clinical Affiliation Agreement 7.2026 4 B. Modification of Agreement: All modifications, waivers, or alterations to this Agreement must be approved in writing by both parties. C. Interpretation of the Agreement: This Agreement shall be governed by the laws of the State of Florida. D. Relationship of Parties: The School and the Site shall be considered independent contractors to one another. This Agreement shall not create a partnership, joint venture, or association between the School, any of its students, and the Site. E. Nondiscrimination: Neither party to this Agreement shall discriminate pursuant to Title VI of the Civil Rights Act of 1964 with respect to race, age, sex, color, creed, or national origin; Title IX of the Educational Amendments of 1972; and relevant provisions of the Americans with Disabilities Act. F. Background Checks: The School acknowledges that placement of each student at the Site may be contingent upon provision of a background check information dated less than two years prior to the commencement of the clinical education placement. The School uses Certified Background when recruiting a student. This may be subject to change. The background check consists of the following screens: (a) U.S. County Criminal, (b) Residency History, (c) Social Security Verification, (d) National Sex Offender Registry, (e) Nationwide Healthcare Fraud and Abuse Scan and (f) U.S. Patriot Act. The Site acknowledges that the School is not responsible for the accuracy of the information provided through this check and that the School’s provision of this information does not relieve the Site of any of its legal obligations related to these background checks. The Site understands and agrees that any information forwarded to it by the School shall be held in strict confidentiality, with access only by those with a need to know. If the Site obtains information directly from the Vendor, the Site agrees that it will only access information on the student working at the Site, and will not access data on any other students in the event such data is visible. Once the student has successfully completed his or her internship at the Site, any negative criminal background information received from the School shall be deleted. The School does not certify the veracity of the records provided and, furthermore, the obligation to conduct appropriate background checks and the liability for non-compliance therewith remains the responsibility of Site. The School will not indemnify the Site for failure to perform any background checks required of the Site by state law. G. Reservation of Rights: Both parties reserve the right to withhold placement of students for good reason, including the availability of adequate facilities and personnel to provide satisfactory work. H. Sovereign Immunity. The Site expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this Agreement to the contrary, nothing in the Agreement shall be deemed as a waiver of sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Clinical Affiliation Agreement 7.2026 5 Florida legislature, and the cap on the amount and liability of the Site for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the Site which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. I. Entire Agreement: This Agreement represents the complete understanding between the School and the Site. It shall supersede prior oral or written understandings and promises relating to this subject matter. V. Authorization SCHOOL: School Official Date Printed Name & Title SITE: Signature Date Printed Name & Title CITY OF OCOEE SIGNATURE PAGE {OMI Statement of Agreement for EMS Clinical Sites} CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of _________________, 20____. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON ______________, 2026, UNDER AGENA ITEM NO. ____