HomeMy WebLinkAboutItem #05 Approval of Educational Affiliation Agreements ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 6, 2018
Item # 5
Reviewed By:
Contact Name: John Miller, Fire Chief Department Director:
Contact Number: 407-905-3140 City Manager:
Subject: Approval of Educational Affiliation Agreements
Background Summary:
The Ocoee Fire Department is seeking formal affiliation agreements with local schools. The affiliation
agreements will allow personnel who are attending paramedic school the ability to complete their ride times on
the agency's rescue units and receive credit towards school.
Issue:
Affiliation agreements must be signed with Valencia College, Seminole College, Orlando Medical Institute, and
First Response Training Group in order for personnel to get credit for clinical time.
Recommendations:
It is the recommendation of staff to approve the attached affiliation agreements with each school.
Attachments:
Attached is a copy of the affiliation agreements between the City of Ocoee Fire Department and the following
schools:
Valencia College
Seminole College
Orlando Medical Institute
First Response Training Group
Financial Impact:
There is no financial impact in regards to affiliation agreements.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
XCommission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
AFFILIATION AGREEMENT
BETWEEN
THE DISTRICT BOARD OF TRUSTEES
OF
VALENCIA COLLEGE,FLORIDA
AND
THE CITY OF OCOEE,FLORIDA
THIS AFFILIATION AGREEMENT, entered into and effective January 1 , 2018,
is between THE DISTRICT BOARD OF TRUSTEES OF VALENCIA COLLEGE,
FLORIDA, (hereinafter the "College"), and THE CITY OF OCOEE, FLORIDA (hereinafter
the "Agency"), hereinafter collectively referred to as the "Parties".
WHEREAS, the Agency is located at 150 N. Lakeshore Drive, Ocoee, Florida, 34761,
and provides clinical and/or medical services;
WHEREAS, the College is a public higher educational institution with approved
programs of study as specified in Exhibit "A," (hereinafter the "Programs"), which require
clinical or observation experiences of students enrolled therein (hereinafter "Clinical or
Observation Experience Rotation" or "Rotation"), and desires its students in the Programs
(hereinafter the "Students"or` Program Students")to obtain educational experiences by utilizing
appropriate facilities within the Agency (hereinafter the `Facilities") and personnel of third
parties consistent with the purpose of the College as well as accreditation and/or professional
requirements and standards; and
WHEREAS, Agency is a municipal corporation which has the resources in equipment
and staff to provide the educational experiences required by the Programs, and has agreed to
make such resources available to College;and
WHEREAS, it is to the benefit of both the College and the Agency to cooperate in the
educational preparation of Students enrolled in the Programs so as to promote excellence in
patient care, to ensure professional competence, and to provide maximum utilization of
community resources;
NOW AND THEREFORE, in consideration of mutual promises herein and other good
and valuable consideration, College and Agency agree that any Rotation established and
implemented by Agency and College during the term of this Agreement shall be subject to the
following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to establish procedures and guidelines for
the provision of educational experiences within the Facilities for Program Students,
2. RESPONSIBILITY OF AGENCY. Except for acts to be performed by College
pursuant to the provisions of this Agreement, Agency shall furnish the Facilities,
personnel, services and all other items necessary for the educational experience, and, in
connection with such Rotation, Agency also shall:
a). Employ medical/health care providers, administrative, and direct patient care staff
who are currently licensed to practice in their designated health profession in the
State and who are qualified either through experience and/or academically to uphold
and demonstrate standards of health care practice as established by Agency;
b). Cooperate with the College in a mutually agreeable manner in enforcing College
policies and procedures related to Student performance and Student conduct,
provided that such policies and procedures do not conflict with Agency's policies
and procedures. In the event of a conflict, Agency's policies and procedures will
control.
c). Endeavor to comply with all applicable requirements of any accreditation
authority over Agency and certify such compliance upon request by College.
d). Permit the authority responsible for accreditation of College's curriculum to
evaluate for consistency with institutional purpose, vision, values and mission the
Facilities, services and all other items provided by Agency upon reasonable
notice.
e). Designate a person(s) to serve for Agency as liaison(s) (hereinafter the "Agency
Liaison"), and provide College, in writing, the name and professional and
academic credentials of all persons proposed as Agency Liaison prior to the start
of the educational experience(s),who will:
(1) Assist the College's coordinating faculty members (hereinafter the
"Faculty") with the planning of educational experiences and patient care
assignments; and
(2) Meet with the College's coordinating Faculty to discuss the quality of the
educational experiences and any problems which may have arisen in the
provision of those experiences.
f). Endeavor to include appropriate members of the Faculty in Agency meetings or
communications when policies to be discussed will affect or are related to the
Rotation and/or Students at the Agency's discretion.
g). Provide the Students and Faculty with an orientation of the Facilities, or
orientation packets about the Facilities/Agency, which will include training about
policies and procedures, including without limitation the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), as modified by the Health
Information and Technology for Economic and Clinical Health Act (HITECH
Act), especially as it relates to the Agency's confidentiality requirements, and
instruction on OSHA regulations regarding blood-borne pathogens, infectious
2
disease plans, and hazardous chemical plan, and how, when and why to report
incidents.
h). Provide supervised educational experiences for Students that fulfill the curriculum
requirements of the Program and meet the objectives agreed upon by the College
and the Agency. Allow Faculty access to the Facilities for the purposes of
coordinating, observing and instruction of Students engaged in educational
experiences;
i). Plan, administer and retain total responsibility for all aspects of patient care and
provide for qualified supervision of all patient activities.
j). Provide Faculty and Students with, or seek emergency accident care for injuries,
or illnesses of an acute nature, incurred while on duty at the Facilities.
Emergency treatment of Students or Faculty for any injuries incurred during
educational activities must be covered through the individual's personal health
insurance plan, or through his/her own resources. Personal health insurance
coverage for the College's Faculty and/or Students will not be the responsibility
of the College and/or Agency.
k). Not guarantee it will place or maintain placement of any Student at Agency.
I). Notify College of any Student whose work or conduct with clients, patients or
personnel is not, in the opinion of Agency, in accordance with acceptable
procedures or standards of performance or otherwise could disrupt patient care or
Agency's operation. The notice shall be prompt and contain an appropriate
description of the work or conduct necessitating the notice or removal of the
Student from the Facilities. Agency may withdraw any Student or Faculty from its
facilities whose conduct or work with patients, personnel, or medical staff is not
in accordance with the policies and procedures of Agency or is detrimental to
patients or others and College agrees to immediately communicate and implement
as appropriate the Agency's determination to withdraw such student or instructor
from Agency's Facilities.
m). Provide Faculty with written policies, procedures, standards of care and protocols of
Agency, which College acknowledges shall govern Students and Faculty involved in
the Rotation. The Agency may at any time summarily relieve a Student from a
specific assignment, or request that a Student or Faculty member leave a patient care
area for causes related to the quality of patient care;
n). Maintain its operating license and appropriate accreditation.
o). Provide preceptors for any Rotation for which College requests preceptors.
Preceptors selected by Agency for a Rotation will meet such experience, licensure,
and skills requirements as are mutually agreed upon by the College and the
Agency. Agency designee will work with Faculty in determining the assignment
3
of Agency preceptors within the Rotation(s). The Program(s) for which Rotation
preceptors are requested are listed on Exhibit"B".
3. RESPONSIBILITIES OF COLLEGE. The College shall:
a). Require a physical examination of all Students prior to their participation in the
Rotation. The physical examination shall include general physical exam, utilizing
history (mobility, motor skills, hearing, visual and tactile abilities) and
immunization assessment and any other exam that Hospital may reasonably
require. Students and Faculty must have current immunizations including
Varicella, Hepatitis B (or signed waiver if refused), MMR, Tetanus. If titer is
negative for Varicella, College will require Student to receive Varicella vaccine.
If Student has positive PPD results, College will provide confirmation that
Student has a negative chest x-ray. All Students and Faculty must have a current
(within one year) PPD. College will notify Hospital of any positive PPD results.
College will require any Student who may be exposed to a patient with known or
suspected TB to be fitted for a respirator. College will maintain required
immunization records.
b). Provide verification consistent with the requirements of this section indicating that
a criminal background check has been conducted on all Students 18 years of age
or older and all Faculty, prior to commencement of a Rotation. The criminal
background check must include all cities, counties, and states in which the Student
or Faculty has resided and in which the Student or Faculty has worked at any time
during the preceding ten (10) years. Agency will provide College with a list of
convictions and/or pending charges that Agency has determined will disqualify a
Student or Faculty from Rotation participation ("Student Disqualification
Guidelines—Criminal Background"attached hereto as Exhibit C), which College
will use in connection with background checks. College will not send any Student
or Faculty who is clearly disqualified to Agency's facility to participate in a
Rotation. in the event College is unable to determine whether a particular Student
or Faculty is disqualified pursuant to Agency's list, College will consult Agency
for Agency's evaluation and determination. Agency retains the ultimate right to
determine if a Student is disqualified.
c). Provide Agency, in writing, the names of the Students assigned by College to
participate in the Rotation prior to the beginning of the Rotation.
d). Present Program Students for Rotations who have adequate preclinical instruction
and who, in the discretion of the Faculty, have adequately fulfilled the preclinical
requirements of the Program curriculum;
e). Procure and maintain, through the Florida College System Risk Management
Consortium (FCSRMC), occurrence-type professional liability insurance
coverage in amounts not less than one million dollars ($1,000,000.00) per incident
and three million dollars ($3,000,000.00) annual aggregate covering the Students
4
and any Faculty members for instruction/supervision of Students only. At the
Agency's request, the College shall provide the Agency with a Certificate of
Insurance evidencing such coverage.
O. Provide the services of a Faculty member, or other College liaison, who will:
(1) Plan, in conjunction with staff member(s) of the Agency, the educational
experiences and patient care assignments that will fulfill the educational
requirements of the Program curriculum; and
(2) Meet with staff member(s) of the Agency to discuss the quality of the
educational experiences and any problems which may have arisen in the
provision of those experiences.
g). Upon receipt of Agency's notice of a Student or other Rotation participant whose
work or conduct with clients, patients or personnel is not in accordance with
acceptable procedures or standards of performance or otherwise could disrupt
patient care or Agency's operation, evaluate such Student's or Rotation
participant's conduct and take appropriate action. It is understood that, if Agency
takes action under the provisions of Section 2.1., above, that the Student's or
Rotation participant's participation in the Rotation at Agency shall immediately
cease, subject to being resumed only with the mutual written agreement of
College and Agency.
h). Not guarantee it will place or maintain the placement of any Program Student at
Agency.
i). Agree to require participating Faculty, staff and Students to comply with the
applicable policies and procedures of the Agency during the course of their
participation, to the extent permitted by law. Solely for the purpose of defining
the Students' role in relation to the use and disclosure of the Agency's protected
health information, such Students are defined as members of the Agency's
workforce, as that term is defined by 45 CFR 160.103, when engaged in activities
pursuant to this Agreement. However, such Students are not and shall not be
considered to be employees of the Agency or of College.
j). Agree to require Program Students, Faculty and other College-employed Program
participants, as a condition of their participation in the Program, to execute a
Confidentiality Statement [(Exhibit D) or in another form mutually accepted by
. the Parties] with the Agency, acknowledging their responsibility under applicable
Federal law and regulations, including but not limited to regulations under the
Health Insurance Portability and Accountability Act ("HIPAA"), to keep
confidential any information regarding Agency patients, as well as confidential
information of the Agency, as a condition of participation in the Rotation; and
provide Agency with copies of the executed Confidentiality Statements for each
5
Program Student, Faculty, and other College-employed Rotation Participant prior
to the start of the Rotation.
k). Maintain individual records of class and clinical instruction, evaluations of
Students,preceptor, and Faculty competency and health.
I). Establish and maintain for this educational Rotation, curriculum standards and
educational policies that meet College standards and applicable licensing and
accreditation requirements;
m.) Administer, organize and operate the overall educational Program and retain
responsibility for the education of Students in and for the Program curriculum, its
design,delivery, and quality;
n). Provide course outlines to Agency that include objectives, goals and classes for each
course providing educational experience;
o). Provide Agency with a copy of the College's Student Code of Conduct Policy
and/or the Health Science Program's Student Handbook that sets forth the rules
governing student behavior.
4. RESPONSIBILITY TO INFORM STUDENTS. The College shall inform its Students
in the Program that as participants in the Rotation they are required to:
a), Comply with the policies and procedures of Agency, to the extent permitted by
law, including the Agency's policies on confidentiality and disclosure of
information;
b). Comply with state and federal laws and regulations;
c). Provide and wear the necessary and appropriate uniform while on duty at Agency;
d). Obtain prior written approval of both Parties before publishing any material
related to the learning experience provided under the terms of this Agreement.
e). Maintain the confidentiality of all records or information exchanged in the course
of the Rotation.
f). Acknowledge and agree that neither the College nor the Agency guarantees to
place or maintain placement of any Program Student under this Agreement.
g). As required by Agency as a condition of participation in the Rotation, execute and
abide by the attached Confidentiality Statement (Exhibit D) pursuant to Section
2(i) and 3(j) above.
•
6
5. RESPONSIBILITY OF THE COLLEGE AND THE AGENCY: ROTATION
COORDINATION.
a). College and Agency agree to work together to establish and maintain a quality
Rotation. Agency agrees to take an active role in suggesting or establishing
education policy,curriculum,and course content.
b). College and Agency agree to provide representatives to form an Advisory
Committee to meet periodically to fashion, discuss, evaluate, and make
recommendations to revise the Rotation experience at Agency. College agrees upon
request to provide representatives from the Faculty to serve on Agency committee(s)
relevant to the Rotation.
c). The parties acknowledge that many student education records are protected by the
Family Educational Rights and Privacy Act ("FERPA"), [20 United States Code
sections 1232(g), 1232(h) and 1232(i)], and federal regulations issued pursuant to
such act, and by state law in s. 1002.22, F.S., and that generally, written student
consent must be obtained before releasing personally identifiable student education
records to anyone other than College. College agrees to provide guidance to Agency
with respect to complying with the provisions of FERPA and similar state law.
Agency agrees to treat all student education records that are specifically identified as
such by the parties confidentially and not to disclose such student education records
except to College and Agency officials who need the information to fulfill their
professional responsibilities, or as required or permitted by law. The parties
acknowledge that the fact that a Student is mentioned in a record or report generated
and/or maintained by Agency in the normal course and scope of its operations, and
not created or maintained by College, may not cause such record or report to be
considered a"student education record"for purposes of this paragraph.
d). Neither party shall have the power to obligate the other party's resources, or commit
the other party to any particular action.
e). Both Parties and their employees shall conduct themselves in compliance with all
applicable federal, state, and local laws, rules, and regulations and in compliance
with the standards, rulings, and regulations of relevant accreditation and regulatory
bodies,as well as their own respective institutional rules and regulations.
f). A Party will cooperate fully with the other Party and its counsel in the defense of
any claims against a Party in any way arising out of or connected with this
Agreement. Such cooperation, including attendance at depositions, trials,
conferences, and the rendering of written reports, will be at no expense to the
Party subject to the claim.
6. REQUEST FOR WITHDRAWAL OF FACULTY OR STUDENT. College shall
have full responsibility for the conduct of any Student or Faculty disciplinary proceedings
and shall conduct the same, with input from Agency, in accordance with all applicable
statutes, rules, regulations and case law.
7
(a) No provision of this Agreement shall prevent Agency from refusing to accept or
continue any Student or Faculty in the Rotation at Agency's Facilities who has
previously been employed by Agency and who has been determined by Agency to
be ineligible for rehire for any reason. The Agency shall notify the College in
writing of its refusal to accept or continue a Student or Faculty in the Rotation on
this basis but shall be under no obligation to provide a reason any individual is
considered ineligible for rehire. Agency can impose temporary withdrawal of a
Student or Faculty from Agency's Facilities. The Agency shall provide to the
College prompt written notice of such a withdrawal, which shall state the
reason(s)for the temporary withdrawal.
(b) The Agency may also submit to College a notice documenting its decision to
require the permanent withdrawal of any Student or Faculty from Agency's
Facilities for a reasonable cause related to the need for maintaining a safe and
orderly environment, and the College shall immediately cause the Student or
Faculty to comply with Agency's decision as documented. The notice from the
Agency shall set forth the basis for withdrawal.
(c) In the event the College does not agree with the Agency's refusal to accept or
continue a Student or Faculty, Agency's temporary withdrawal of a Student or
Faculty from Agency's facilities, or Agency's request for permanent withdrawal
of a Student or Faculty from Agency's facilities, the College may request a
meeting with the Agency's designee to discuss the basis for any such
disagreement, which meeting will be scheduled within a reasonable time as
mutually agreed between the parties. The parties agree that if such a meeting is
requested, the Student or Faculty in question will not be permitted in Agency's
Facilities pending the outcome of the meeting. Agency's decision following such
meeting will be final.
(d) The College may at any time withdraw a Faculty member or Student whose
progress, conduct, or work does not meet the standards of the College for
continuation in the Program.
7. INDEPENDENT CONTRACTOR/STUDENT STATUS.
a). The relationship of the Parties hereunder shall be an independent contractor
relationship, and not an agency, employment, joint venture or partnership
relationship. Neither party shall have the power to bind the other party or contract
in the name of the other party. All persons employed by a party in connection
with this Agreement shall be considered employees of that party and shall in no
way, either directly or indirectly, be considered employees or agents of the other
party. Students shall not be considered employees of either party notwithstanding
the language of Section 3(i) herein. In no circumstance shall Students be
considered employees or agents of College, and College shall not be responsible
for the actions or omissions of Students.
8
b). Students shall participate in the Rotation hereunder for the sole consideration of
obtaining an educational experience. Each party agrees that the Students will be
in a learning situation and that the primary purpose of the placement is for the
Students' learning and the benefit of the Students. It is further understood that the
Student shall not at any time replace or substitute for any Agency employee. Nor
shall Student perform any of the duties normally performed by an employee of the
Agency except such duties as are a part of their training and are performed by the
Student under the direct supervision of an Agency employee. Students are not
entitled to a job at the completion of the educational experience. Agency derives
no immediate advantage from the activities of the Students, and on occasion its
operations may actually be impeded. The Agency, College and the Students
understand that the Students are not entitled to wages for the time spent in
training.Each party agrees that no Student in the Rotation will be deemed to be an
employee, agent or volunteer of the Agency or the College by virtue of
participation in the Rotation, nor will the Agency or the College be liable for the
payment of any wage, salary, or compensation of any kind for service provided by
the Students while participating in the Rotation. Further, no Student will be
covered under the Agency's or the College's Worker's Compensation, social
security, or unemployment compensation programs while participating in the
Rotation.
8. INSURANCE.
a). INSURANCE OF COLLEGE. Valencia College acknowledges that the agency
is a political subdivision of the State of Florida. The Agency acknowledges that
the College is a political subdivision of the State of Florida and warrants, and
represents that it participates in the Florida Community College Risk
Management Consortium, with headquarters in Gainesville, Florida, for worker's
compensation, general liability, and other coverage, with said protection being
applicable to officers, employees, servants, and agents while acting within the
scope of their employment by the College. Its self-insured fund and various
policies are authorized and stated in Florida Statutes, Section 1001.64(27) and
Section 768.28. The College agrees to maintain its participation in the Florida
Community College Risk Management Consortium for the duration of this
Agreement. Furthermore, nothing contained herein shall be construed or
interpreted as: (i) denying to either party any remedy or defense available to such
party under the laws of the State of Florida; (ii) the consent of the College to be
sued; or (iii) a waiver of sovereign immunity of the College beyond the waiver
provided in Section 768.28, Florida Statutes. Nothing herein shall be constituted
or interpreted as consent of Agency to be sued or a waiver of sovereign immunity
by Agency beyond the wavier provided in s.768.28, Florida Statutes.
b). INSURANCE OF AGENCY. Agency shall maintain, at its own cost and
expense, through commercial insurance, a program of self-insurance, or a
combination thereof, general and professional liability insurance covering Agency
9
against professional liability (malpractice) claims, in the minimum amount of
Two Hundred Fifty Thousand dollars ($250,000) per occurrence/ Seven Hundred
Fifty Thousand dollars $750,000) aggregate for facility malpractice and Five
Hundred Thousand dollars ($500,000) per occurrence/One Million Five Hundred
Thousand dollars ($1,500,000) aggregate for medical director malpractice.
Evidence of such insurance or self-insurance shall be provided to College upon
request.
9. ASSIGNMENTS. This Agreement may not be assigned to a third party without the
prior written consent of the non-assigning party.
10. THIRD PARTY OBLIGATIONS. This Agreement is made solely for the benefit of
the Parties named in this Agreement, and is not intended to create rights or any cause of
action in any third parties, including without limitation, Students.
11. PERFORMANCE. A delay in or failure of performance of either party that is caused
by occurrences beyond the control of either party shall not constitute a default hereunder,
or give rise to any claim for damages.
12. TERM AND TERMINATION. The term of this Agreement is January 1, 2018
through December 31, 2020 (the "Term"). This Agreement may be extended or renewed
upon advanced written agreement of the Parties hereto.
If either party to this Agreement wishes to terminate the Agreement, it is understood that
at least ninety(90) days prior written notice shall be given prior to the termination date of
the Agreement. And, if such notice is given, this Agreement shall terminate at the end of
the ninety (90) days' notice; EXCEPT THAT the Rotation and this Agreement shall
continue to be effective for the purpose of permitting Students actually participating in
the Rotation at the time of termination to finish the Rotation at Agency.
13. APPLICABLE LAW. The validity, interpretation and enforcement of this Agreement
shall be governed by the laws of the State of Florida.
14. NONDISCRIMINATION. During this Agreement, neither party shall discriminate
against any person on the basis of race, color, religion, gender, national or ethnic origin,
sexual orientation, disability or veteran or marital status.
15. ENTIRETY OF AGREEMENT. This Agreement contains the entire Agreement
between the Parties and supersedes all prior agreements and understandings, oral or
written,with respect to the subject matter contained herein,
16. AMENDMENTS AND MODIFICATIONS TO AGREEMENT. All amendments and
modifications to this Agreement shall be made by addenda and with the written mutual
consent of both Parties. The addenda shall be attached to the Agreement, and shall
include the date and signatures of Parties agreeing to the modification(s).
10
17. COPIES OF AGREEMENT. Copies of this Agreement shall be placed on file and be
available at the College and at the Agency.
18. NOTICES. All notices under this Agreement shall be in writing and delivered by
personal delivery of United States, certified, return receipt requested, mail. Such notices
shall be delivered to the following:
College Representative: Penny Conners,Dean
Valencia College
P.O. Bos 3028 •
Mail Code 4-44
Orlando,Florida 32802-3028
407/582-1537 pconnersl@valenciacollege.edu
Agency Representative: John M.Miller
Fire Chief
Ocoee Fire Department
563 S.Buford Avenue
Ocoee,FL 34761
407/905-3140 jmiller@ocoee_org
APPROVED:
VALENC . C��1I,LL ‘,6- ..
Loren . B: t-r
VP B .i c ess Oper tion &Finance
Date: \f c4
11
CITY OF OCOEE, a Florida municipal corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY this_day of , 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON
,2018 UNDER AGENDA ITEM NO.
12
EXHIBIT A
The Programs
Emergency Medical Services
13
EXHIBIT B
Programs for Which Preceptors are Requested
Emergency Medical Services
14
EXHIBIT C
Student Disqualification Guidelines—Criminal Background
A student will be disqualified from placement at any Agency facility if the student admits to, or a
criminal background check reveals, a conviction or any disposition other than a finding of"not
guilty" or a complete dismissal of the charges for one or more of the following generic crimes or
their equivalents:
Murder
Manslaughter
Carjacking •
Use of a weapon in the commission of a crime
Robbery or theft(including, but not limited to,theft by falsification of financial records or
embezzlement)
Passing worthless checks
Credit card fraud/fraudulent use of a credit card
Forgery
Identity theft
Burglary
Arson
Kidnapping
False Imprisonment
Home invasion
Assault
Aggravated assault
Battery
Aggravated battery
Resisting arrest with violence
Domestic violence
Any stalking offense
Rape
Sexual battery
Trespass for sexual purposes (e.g., peeping)
Lewd and lascivious behavior
Lewd and lascivious act upon a child
Lewd act in the presence of a child
Child abuse
Child abandonment
Child neglect
Any other crime involving physical violence or a crime against a child
Possession of child pornography
Sale,delivery or trafficking in child pornography
Exploitation,neglect, or abuse of a disabled adult or elderly person
Sale, delivery or trafficking in narcotics (drugs)
Felony possession of a controlled substance
15
Any other felony level offense involving violation of a drug abuse prevention and control law
(including but not limited to felony level possession, sale, purchase, manufacture, or use of
controlled substance in violation of applicable law)
Felony driving while intoxicated or under the influence of drugs or alcohol
Falsification of prescription records
Hate crimes
Terrorism
Escape or attempted escape from incarceration
A student who admits to, or whose criminal background check reveals, a criminal conviction or
any disposition other than a finding of "not guilty" or a complete dismissal of the charges
relating to crimes other than those listed above is not automatically disqualified and may be
considered for placement at an Agency facility based on a case-by-case evaluation, including ,
but not limited to, the following factors: nature of the offense(s); criminal history
(pattern/recidivism); remoteness in time of the offense; relevance of offense to position being
offered; age at time of offense; and evidence of rehabilitation.
16
•
(EXHIBIT D)
CONFIDENTIALITY STATEMENT
School:
Program:
Facility/Agency:
The undersigned hereby acknowledges his/her responsibility under applicable federal law and
regulations, including but not limited to regulations under the Health Insurance Portability and
Accountability Act ("HIPAA"), to keep confidential any information regarding Facility/Agency
patients, as well as all confidential information of Facility/Agency. The undersigned agrees,
under penalty of law, not to reveal to any person or persons any specific information regarding
any patient, except to authorized clinical staff and associated personnel of the Facility/Agency
and, as necessary, to other Program Participants/Students at the Facility/Agency who are
supervising or assisting the undersigned in the provision of services at Facility/Agency. The
undersigned further agrees not to reveal to any third party any confidential information of
Facility/Agency, except as required by law or as authorized by Facility/Agency.
Dated this day of ,20 .
Program Participant/Student(Signature)
Program Participant/Student(Printed Name)
Witness (Signature)
Witness (Printed Name)
17
EDUCATIONAL SERVICES AGREEMENT
Healthcare Programs
THIS AGREEMENT made and entered into this 1st day of January 1st, 2018 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 educational contracting facility
Ocoee Fire Department(the"Agency"), having its principal facility at 563 S. Bluford Ave., Ocoee, FL 34761.
WITNESSETH:
WHEREAS, the College operates a community learning center in Seminole County under the name of
Seminole State College of Florida,and
WHEREAS, the Agency 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 Agency'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, including but not limited to Hepatitis B vaccine, PPD, and
tetanus.
The Agency 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
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 Academic Coordinator of Clinical Education (ACCE) will coordinate student practicums with
the Agency's Clinical Coordinator of Clinical Education(CCCE) and/or Clinical Instructor(CI).
EducSvvAgree rev 8/25/16
Page 1
C. That duly enrolled students shall be accepted for educational training experiences with the
understanding that the maximum number of students assigned to the Agency departments shall not
exceed the capacity determined by the Agency at its sole discretion.
D. That the College's coordinator, educational chairperson or director will furnish a written and planned
sequence of services and learning competencies specified in the College's program curriculum, and
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, 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 s. 7 6 8.2 8, Florida Statutes, 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 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 Agency evidencing such insurance coverage if required by the Agency. Should any
ofthe 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 at Agency , the Collegeshall 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 at AGENCY. 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 AGENCY
The Agency warrants and represents the following:
A. That clinical/laboratory (on-the-job) training experiences for the Agency's Healthcare students will be
provided for each student officially enrolled and accepted to the educational program of the College.
B. That the Agency agrees to abide by the following College's student personnel policies:
1. That students who are scheduled for training shall be scheduled within the hours and days as
agreed from time to time between the Agency's supervisor and the College's coordinator.
2. That students will wear appropriate clothing which has been adopted by the Agency and the
College when on duty, if special type clothing is required.
EducSvcAgree rev 8/25/16
Page 2
B. Upon the request of the Agency, the College will immediately withdraw from the Agency's facility any
student whose work performance, or personal conduct, in the opinion of the Agency is having a
detrimental or disruptive effect upon the normal operation of the departments or personnel of the
Agency, or constitutes a risk to safe patient care.
C. That the Agency reserves the exclusive right and accepts the responsibility to refuse any student agency
training privilege in its facility or in any specified depai tuient who has previously been withdrawn by
the College at the Agency's request, or who has been legally dismissed as an employee of an by the
Agency for reasons which make acceptance as an Agency affiliate inadvisable in the opinion of the
Agency.
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 Agency 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 Agency
chooses to withdrawal a training facility, the Administrator agrees that students presently enrolled and
receiving Agency training will be allowed to complete their scheduled Agency training program even
though the time required may exceed the sixty(60)day period.
G. That the Agency will provide medical assistance (if available) upon the student becoming ill or injured,
at the student's expense.
H. That the Agency will provide adequate classroom and conference room space and library facilities for
the use of the available instructional materials when applicable.
I. That the Agency has the ultimately responsibility for the patient.
J. That the College will provide the Agency a copy of clinical instructor's professional license upon
request.
K. That students shall adhere to all policies, procedures, and rules and regulations of the Agency as
periodically amended.
L. That the College and Agency 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 Orange County, Florida.
EducSvcAgree rev 8/25/16
Page 4
ARTICLE V
MODIFICATIONS.ADDENDA AND TERM RENEWAL
A. No counterparts; facsimile signatures allowed. This Agreement may not be executed in counterparts. It
may however, along with any and all Exhibits, may 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 agency 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. The initial term of this Agreement shall be for a period of(2) two years commencing January 1, 2018,
and ending December 31,2020. 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.
D. The relationship of College and Agency hereunder shall be an independent contractor
relationship. Neither College nor Agency intend to create,nor have created, any agent/principal,
employer/employee,joint venture, or partnership relationship with one another. None of the employees
of College or Agency shall be considered the employees, agents, or authorized representatives of the
other party as a result of this Agreement. Except as provided herein,neither College nor Agency shall
have authority to execute any document on behalf of the other party,nor shall College or Agency have
the power to bind the other to expend funds or take a certain action or course of action without that
party's written consent
EducSvcAgree rev 8/25/16
Page 5
ARTICLE VI
NOTICE
Any communication provided for herein shall be given in writing to the COLLEGE and AGENCY at the
addresses shown below, or any other address specified by the parties.
COLLEGE: AGENCY:
Angel J.Nater John Miller
EMS Program Manager Fire Chief
Seminole State College of Florida Ocoee Fire Department
Center for Public Safety
100 Weldon Blvd. 563 S. Bluford Ave
Sanford, FL 32714 Ocoee, FL 34761
Phone: 407-708-2219 407-905-3140
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:
(Board Chair) (Date)
AGENCY:
CITY OF OCOEE, a Florida municipal corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY this day of , 2018.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON
,2018 UNDER AGENDA ITEM NO.
EducSvcAgree rev 8/25/16
Page 6
(ORLANDO)
ME�I
ORLANDO MEDICAL INSTITUTE
AFFILIATION AGREEMENT
I. PARTICIPATING AGENCIES
THIS AGREEMENT between Orlando Medical Institute, hereinafter referred to
as OMI, and City of Ocoee for its Fire Department hereinafter referred to, as
Ocoee Fire Department shall be effective from January 1, 2018 thru December
31, 2020.
II. PURPOSE OF AGREEMENT
It is mutually agreed that the purpose of this Agreement is to provide a
comprehensive learning experience for participants from Ocoee Fire
Department within a clinical setting, in accordance with provisions of the
guidelines set forth in this agreement.
III. GENERAL PROVISIONS OF AGREEMENT
A. Both parties agree that there will be no distinction in employment or
placement because of race, sex, color, creed, age, national origin,
religion, martial status, disability or handicap and adhere to the provisions
of Federal and State laws regarding discrimination.
B. The Fire/EMS Service will provide, at the Participant's expense,
emergency care for injuries or acute illness while on duty at the Fire/EMS
agency in accordance with the provisions of this Agreement.
C. This Agreement shall be subject to review and renewal annually, by a
Letter of Agreement, provided, however, that either party shall have the
right to terminate this Agreement upon 30 days written notice.
IV. SPECIFIC RESPONSIBILITIES OF ORLANDO MEDICAL INSTITUTE
A. Orlando Medical Institute shall designate a person or persons to
coordinate and act as liaison with the appropriate Fire/EMS Service
personnel.
B. Orlando Medical Institute shall provide the Ocoee Fire Department
with a list of participants in the learning experience before each program
is to start.
C. Orlando Medical Institute shall insure that participants have the
necessary didactic prerequisites to maximize the learning experience at
the Fire/EMS Service.
D. Orlando Medical Institute shall insure that the participants comply with
the provisions of Section VI.
Page 1
E. Orlando Medical Institute does undertake and agree that it will
indemnify and hold harmless City of Ocoee and its officers, directors,
employees, and agents, and reasonable attorney's fees on account
thereof, that may be sustained or incurred by reason of any and all
claims, demands, suits, actions, judgments, and executions for damages
of any and every kind and by whomever and whenever made or obtained,
allegedly caused by, arising out of, or relating in any manner to the
activity of any student.
F. Orlando Medical Institute shall procure and maintain, during the term of
this Agreement and any renewal, liability insurance to cover any and all
liability (including professional liability) for claims, damages, or injuries to
persons or property of whatsoever kind of nature arising out of the
activities of the participants carried out under this Agreement. Such
insurance shall be on an occurrence basis in amounts no less than
$3,000,000/$1,000,000 for personal injuries and City of Ocoee shall be
an additional named insured under such general and professional liability
policy or policies. Orlando Medical Institute shall submit certificates of
insurance to City of Ocoee evidencing such insurance at the time of the
execution of this Agreement, and as requested by the Fire/EMS Service.
Orlando Medical Institute agrees that City of Ocoee will receive no less
than thirty (30) days written notice prior to cancellation, modification, or
non-renewal of any of the insurance coverages described herein.
G. Orlando Medical Institute will coordinate a calendar with students' name
and dates. OMI will submit this calendar to Ocoee Fire Department by
agreed upon date.
V. SPECIFIC RESPONSIBILITIES OF OCOEE FIRE DEPARTMENT
It shall be the responsibility of Ocoee Fire Department to:
A. Provide an appropriate orientation of participants in connection with its
facilities and its policies and procedures.
B. Provide opportunities for a learning experience with appropriate
supervision.
C. Retain ultimate responsibility for patient care even if a student gives that
care.
D. Designate a preceptor (or coordinator) from its staff to act as the liaison
with the Agency in this Agreement, as appropriate to the learning
objectives.
VI. SPECIFIC RESPONSIBILITIES OF THE PARTICIPANT (STUDENT)
It shall be the responsibility of the participant(s) assigned through this Agreement
to:
A. Comply with the policies and procedures of Ocoee Fire Department.
Provide the necessary and appropriate uniform while on duty at the
Fire/EMS agency
Page 2 —
B. Obtain prior written approval of both parties to this Agreement before
publishing any material related to the learning experience provided under
the terms of the Agreement.
C.. Sign a "Hold Harmless Agreement" with Ocoee Fire Department prior to
commencing his/her experience within the Fire/EMS Agency.
D. At all times wear the appropriated badge on every clinical, and comply in
all respects with the student requirements set forth in the requirements
Sheets.
VII. REQUEST FOR WITHDRAWL OF PARTICIPANT
Ocoee Fire Department shall reserve the right to request Orlando Medical
Institute to withdraw any participant from its facilities whose conduct or work with
patients or personnel is not in accordance with the policies and procedures of
Ocoee Fire Department or is detrimental to patients or others. Ocoee Fire
Department reserves the right to send any student home if they cannot
accommodate the student at scheduled time.
VIII. MODIFICATION OF AGREEMENT
Modification of this Agreement may be made by mutual consent of both parties,
in writing, and attached to this Agreement and shall include the date and the
signatures of parties agreeing to the modification.
IX. COPIES OF AGREEMENT
Copies of this signed Agreement shall be placed on file and be available at the
Corporate office of Orlando Medical Institute and in the offices of Ocoee Fire
Department
X. SIGNATURES TO AGREEMENT
A. CITY OF OCOEE, a Florida municipal corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY this_day of , 2018.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON
,2018 UNDER AGENDA ITEM NO.
Page 3 —
B. Orlando Medical Institute
6220 South Orange Blossom Trail
Orlando, FL 32809
1. Signed by:
2. Title:
3. Date :
Page 4
FIRST RESPONSE
1sT 6435 Hazeltine National Drive
Suite— 155
* EMS Orlando, FL 32822
*
Office: 407-730-7999 FAX: 407-730-8904
info a(�firstresponsetraininggroup.com
TRAINING GROUP www.firstresponsetraininggroup.com
AFFILIATION AGREEMENT
I. PARTICIPATING AGENCY
THIS AGREEMENT between First Response Training Group, LLC, hereinafter referred to
as the School, and Ocoee Fire Department, 563 S. Bluford Ave. Ocoee, FL 34761,
hereinafter referred to as the EMS.
II. PURPOSE OF AGREEMENT
It is mutually agreed that the purpose of this Agreement is to provide a comprehensive
learning experience for participants from School within a clinical setting, in accordance
with provisions of the guidelines set forth in this agreement.
III. GENERAL PROVISIONS OF AGREEMENT
A. Both parties agree that there will be no distinction in employment or placement
because of race, sex, color, creed, age, national origin, religion, marital status,
disability or handicap and adhere to the provisions of Federal and State laws
regarding discrimination.
B. The EMS service will provide, at the Participant's expense, emergency care for
injuries or acute illness while on duty at the EMS Clinical Site in accordance with
the provisions of this Agreement.
C. This Agreement shall be subject to review and renewal annually, by a Letter of
Agreement, provided, however, that either party shall have the right to
terminate this Agreement upon 30 days written notice.
IV. SPECIFIC RESPONSIBILITIES OF AGENCY:
A. School shall designate a person or persons to coordinate and act as liaison with
the appropriate EMS Service personnel.
B. School shall provide EMS with a list of participants in the learning experience at
least ten (10) business days before each program is to start.
C. School shall insure that participants have the necessary didactic prerequisites to
maximize the learning experience at the EMS Service.
D. School shall insure that the participants comply with the provisions of Section
VI.
E. School does undertake and agree that it will indemnify and hold harmless EMS
and its officers, directors, employees, and agents, and reasonable attorney's fees
on account thereof, that may be sustained or incurred by reason of any and all
claims, demands, suits, actions,judgments, and executions for damages of any
and every kind and by whomever and whenever made or obtained, allegedly
caused by, arising out of, or relating in any manner to the activity of any
participant or participants supplied by the School pursuant to this Agreement.
F. School shall procure and maintain, during the term of this Agreement and any
renewal, liability insurance to cover any and all liability (including professional
liability) for claims, damages, or injuries to persons or property of whatsoever
kind of nature arising out of the activities of the participants carried out under
this Agreement. Such insurance shall be on an occurrence basis in amounts no
less than $3,000,000/$1,000,000 for personal injuries and $50,000 for property
damage; and EMS shall be an additional named insured under such general and
professional liability policy or policies. School shall submit certificates of
insurance to EMS, evidencing such insurance at the time of the execution of this
Agreement, and as requested by the EMS Service Site. School agrees that EMS
will receive no less than thirty (30) days written notice prior to cancellation,
modification, or non-renewal of any of the insurance coverage's described
herein. Participants who do not have patient contact (non-allied health
participants) will not be required to be covered by professional liability
insurance. Nothing in this section shall be construed or interpreted as a waiver of
sovereign immunity. EMS does not waive any defenses or immunities, at
common law or statutory which it would have, in the absence of this agreement,
including but limited to sovereign immunity, other immunities or protections
afforded by Section 768.28 Florida Statutes, workers' compensation immunity or
contribution.
V. SPECIFIC RESPONSIBILITIES OF EMS:
A. Provide an appropriate orientation of participants in connection with its facilities
and its policies and procedures.
B. Provide opportunities for a learning experience with appropriate supervision.
C. Retain ultimate responsibility for patient care even if a student gives that care.
D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the
School in this Agreement, as appropriate to the learning objectives.
VI. SPECIFIC RESPONSIBILITIES OF THE PARTICIPANT(Student)
It shall be the responsibility of the participant(s) assigned through this Agreement to:
A. Comply with the policies and procedures of EMS.
B. Provide the necessary and appropriate uniform while on duty in the EMS Clinical
Site.
C. Obtain prior written approval of both parties to this Agreement before
publishing any material related to the learning experience provided under the
terms of the Agreement.
D. Sign a "Hold Harmless Agreement" with EMS, prior to commencing his/her
experience within the EMS Clinical Site, a copy of which is attached to this
agreement.
E. At all times wear the appropriated badge on every clinical, and comply in all
respects with the student requirements set forth in the requirements Sheets.
VII. REQUEST FOR WITHDRAWL OF PARTICIPANT
EMS shall reserve the right to request School to withdraw any participant from its
facilities whose conduct or work with patients or personnel is not in accordance with
the policies and procedures of EMS or is detrimental to patients or others.
VIII. MODIFICATION OF AGREEMENT
Modification of this Agreement may be made by mutual consent of both parties, in
writing, and attached to this Agreement and shall include the date and the signatures of
parties agreeing to the modification.
IX. COPIES OF AGREEMENT
Copies of this signed Agreement shall be placed on file and be available at the office
School and in the offices of EMS.
X. Term
The term of this Agreement is January 1, 2018 through December 31, 2020. ("Term")The term
may be extended or renewed upon advance written agreement of the parties.
XI. SIGNATURES TO AGREEMENT
A.
CITY OF OCOEE, a Florida municipal
corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA;APPROVED AS TO FORM AND
LEGALITY this_day of , 2018.
SHUFFIELD LOWMAN &WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,
2018 UNDER AGENDA ITEM NO. .
B. First Response Training Group:
1. Signed by:
Jason Marquez
2. Title: President/CEO
3. Date: