CITY OF NORTH LAUDERDALE
INTER-OFFICE CORRESPONDENCE
TO: Honorable Mayor and City
Commissioners
FROM: Richard D. Sala, City Manager
BY: Chief Lou Cavallo, Public
Safety Director
Fire Chief Kevin Bowman
DATE: January 8, 2008
SUBJECT: Agreements
with Keiser Career College, Inc., Broward County School Board for Broward
Community College, Florida Medical Training Institute, and Professional Medical
Career Center
to allow Emergency Medical Technician and Paramedic students to ride with the
City’s Fire Rescue Department for Educational and Training purposes.
For the past ten years, the North
Lauderdale Fire Rescue Department has been able to take advantage of an offer
to have emergency medical technician and paramedic student riders from local institutions
participate in educational and training programs. Through these programs the
students not only enhance their career, but it also allows our
firefighter/paramedics an opportunity to learn and train with the latest techniques
and information offered by these institutions. For year 2008, the staff is
proposing to execute Agreements with Keiser Career College, Inc., Broward
County School Board for Broward
Community College, Florida Medical Training Institute, and Professional Medical
Career Center
to allow the students to ride, learn and experience the day-to-day aspects of
being a firefighter/paramedic
Per these Agreements, these
institutions will schedule, organize and allow their students to ride with the
firefighter/paramedics. These
institutions meet the State and Federal guidelines for teaching, carry the
necessary medical malpractice liability insurance and have demonstrated a high
degree of professionalism that the City demands when students associate with
the department. In addition, they have agreed to our standards and are willing
to sign the Agreements. The proposed
Agreements are available in the City Clerk’s office for review. We are currently awaiting Certificates of
Liability Insurance from Broward County School Broward and Professional Medical
Career Center
and these will be obtained prior to implementing the program.
Recommendation:
The City Administration
recommends Commission’s consideration and approval of the attached Resolution
authorizing the City Manager to enter into separate agreements with Keiser
Career College, Inc., Broward County School Board for Broward Community College, Florida Medical Training Institute and
Professional Medical Career Center, to allow emergency medical technician and
paramedic students to ride with the City’s Fire Rescue Department for
educational and training purposes.
RESOLUTION NO ____________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH
KEISER CAREER COLLEGE, INC., BROWARD COUNTY SCHOOL BOARD FOR BROWARD COMMUNITY
COLLEGE, FLORIDA MEDICAL TRAINING INSTITUTE AND PROFESSIONAL MEDICAL CAREER
CENTER, TO ALLOW EMT AND PARAMEDIC STUDENTS TO RIDE WITH THE NORTH LAUDERDALE
FIRE RESCUE DEPARTMENT FOR EDUCATIONAL AND TRAINING PURPOSES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1: That the City Commission does hereby authorize the City
Manager to enter into separate agreements with Keiser Career College, Inc., Broward
County School Board for Broward Community College, Florida Medical Institute
and Professional Medical Career Center permitting students to ride with the
North Lauderdale Fire Rescue Department for educational and training purposes
under the guidelines set forth in the agreements.
Section 2: That this Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED by the City
Commission of the City of North Lauderdale, Florida this 8th day of January 2008.
APPROVED AS TO FORM:
__________________________________
CITY ATTORNEY SAMUEL S. GOREN
________________________________
MAYOR
JACK BRADY
________________________________
VICE
MAYOR JOHN R. CANGEMI
ATTEST:
__________________________________
P. VANCHERI, INTERIM CITY CLERK
AGREEMENT
THIS AGREEMENT is
made and entered into as of this _____ day of _____________, 2008, by and
between
CITY OF NORTH LAUDERDALE
(hereinafter
referred to as “City”),
A MUNICIPAL CORPORATION, of the State of Florida,
whose
principal place of business is
701 SW 71st Avenue, North
Lauderdale, Florida 33068
and
KEISER CAREER COLLEGE, INC.,
(hereinafter
referred to as “School”),
a
Florida Corporation, whose principal place of business is
17395 NW 59th Avenue, Miami
Lakes, Florida
33015
WHEREAS, School operates an EMS
Training Program, and is conducting educational programs for the purpose of
providing skilled workers who can provide emergency medical services; and
WHEREAS, City has the facilities which
are available to assist in the provision of the said educational programs and
desires to participate in the education programs for the benefit of the entire
community.
NOW, THEREFORE, in consideration of the
premises and of the mutual covenants contained herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1.0
Recitals. The Parties agree that the foregoing recitals
are true and correct and that such recitals are incorporated herein by
reference.
2.0
Purpose of
Agreement.
2.01
Program Purpose:
The education of the student shall be the primary purpose of the
programs.
2.02
Term of Agreement. The term of this Agreement shall be for the
period commencing on January 1, 2008, and concluding on December 31, 2008;
however this Agreement may be renewed on an annual basis unless terminated by
either party.
2.03
Instruction and Curriculum. School shall be responsible, at its sole
expense, for provision of classroom instruction, the selection of students,
establishment of curriculum, maintenance of records, evaluation of programs,
and all educational experiences through the employment of certified instructors
through compliance with all applicable guidelines. All faculty provided by School shall be duly
licensed, certified or otherwise qualified to participate in the program. Neither the School or any participating
student or faculty member shall interfere with or adversely affect City’s operations
or City’s provision of emergency medical services.
2.04
Telephone Consultation: School shall provide faculty or school
administration for consultation with City by telephone at any given time during
which students are on City’s premises without supervision by an instructor.
2.05
Course Materials. Upon request, School shall provide City
copies of current course outlines, course objectives, curriculum, philosophy
and a list of faculty and their qualifications.
2.06
Educational Plan. School faculty will prepare an educational
plan in conjunction with City staff prior to the placement of students with
City. The training to be provided to
students shall be specified in writing and shall be based upon the needs of the
student to satisfy the objectives of the program. The faculty shall be responsible for
maintaining cooperative relationships with City staff. City shall provide opportunities for
participating students to observe various aspects of paramedic training.
2.07
Patient Confidentiality: School and its participating students and
faculty shall keep strictly confidential and hold in trust all confidential
information of City and/or its patients and shall not disclose or reveal any
confidential information to any third party without City’s express prior written
consent. Participating students and
faculty will be required by City to execute a Confidentiality Statement
substantially complying with the form attached hereto as “Exhibit “A” and
herein incorporated by reference. School
and its participating students and faculty shall comply with any applicable
state or federal laws or regulations concerning patient confidentiality of
protected health information including, but not limited to, the Health
Insurance Portability and Accountability Act of 1996 (HIPAA). School shall insure that all of the students
have received proper training with respect to the requirements of HIPAA, and
insure that its faculty and students comply with all of the requirements of
HIPAA, as provided in Exhibit “B” to this Agreement. Unauthorized disclosure of confidential
information, patient information of protected health information shall be a
material breach of this Agreement. School
shall immediately notify City of any unauthorized disclosure of confidential
information, patient information or protected health information thatcomes to
its knowledge. School will not enter
into any contracts with their persons to whom confidential information, patient
information or protected health information would be provided without the
express written consent of City and the imposition upon such third persons of
the same duty to safeguard said information.
School’s records relating to the use and disclosure of said information
shall be available to inspection upon reasonable notice to City or any federal
or state authority entitled to access to such information. The provisions of this section shall survive
the expiration or termination of this Agreement.
2.08
Dress Code.
City shall require the students to dress in accordance with dress and
personal appearance standards approved by the City.
2.09
Students are Not City Employees. School, its faculty and its students shall in
no event become or be deemed to be employees, servants, agents or volunteers of
the City.
2.10
No Compensation.
Each party shall perform the duties and responsibilities specified in
this Agreement without compensation.
Participating students shall be treated by City as trainees and shall
have no exception of receiving compensation or future employment from either
Party.
2.11
Discontinued Student Placement. City reserves the right to refuse or
discontinue the placement of students if School does not meet the professional
educational requirements and standards of the City. City reserves the right to discontinue the
availability of its facilities and services to any student who does not
continuously meet professional or other requirements, qualifications and
standards of City as determined by City.
City reserves the right to immediately remove from the program any
student who behaves unprofessionally or poses an immediate threat or danger to
patients or personnel, or the quality of medical services.
2.12
Infectious Diseases and Student Immunizations. School shall advise students of the risk of
infectious diseases and that the City is not responsible for exposure to
infectious diseases that occur beyond their reasonable control. School shall verify that students have
received immunizations for Measles, Mumps, Rubella (MMR), Diphtheria and
Tetanus (DT) and have received annual screening for Tuberculosis. School shall be responsible for compliance by
participating students and faculty with the applicable regulations issued by
OSHA and for the provision to participating students and faculty of (1)
information and training about the hazards associated with blood and other
potentially infectious materials; (2) information and training about the
protective measures to be taken to minimize the risk of occupational exposure
to blood borne pathogens; (3) training in the appropriate actions to take in an
emergency involving exposure to blood and other potentially infectious
materials; and (4) information as to the reasons the employee should participate
in Hepatitis B vaccination and post-exposure evaluation and follow-up.
2.13 Personal Property. City shall not be responsible for the
personal property belonging to School, School faculty, or School’s students
participating in the program.
2.14 Participant’s Medical Care. School and/or the students participating in
the program shall be responsible
for arranging for the student’s medical care and/or
treatment, if necessary, including transportation in the event of illness or injury while
participating in the program provided at City’s premises. At the time of
providing such services, City shall accept assignment
of the affected individual’s insurance policy plus any co-pay and/or deductibles. City shall not be responsible for costs
involved in the provision of such
services, the follow-up care or hospitalization.
3.0 General Insurance
Requirements.
3.01
School shall provide City proof of professional
liability insurance coverage with minimum limits of $1,000,000 per claim,
$3,000,000 per occurrence. Students
shall be required to be covered by their own health or accident insurance.
3.02
City shall self-insure, pursuant to Section 768.28,
Florida Statutes, for its liability for tort claims associated with acts or
omissions of its agents and employees.
3.03
Insurance shall be in force until the obligations
required to be fulfilled under the terms of the Agreement are satisfied. In the event an insurance certificate
provided indicates that the insurance shall terminate and lapse during the
period of this Agreement, then in that event, either party shall furnish to the
other party, at least forty-five (45) days prior to the expiration of the date
of such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the Agreement and extension
there under is in effect. The parties
shall not be obligated to continue to perform services pursuant to this Agreement
unless all required insurance remains in full force and effect.
4.0 Indemnification.
4.01
The School agrees to indemnify and hold harmless the
City, its Commission, officers, agents, servants and employees from and against
any and all claims, demands, or causes of action of whatsoever kind or nature,
and the resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities,
damages, orders, judgments, or decrees, sustained by the City or any third
party arising out of, or by reason of, or resulting from the School’s negligent
acts, errors, or omissions, except to the extent caused by the negligence of
the indemnified Party. If a claim is
litigated and names City as a Party
defendant, City shall be held harmless as to all costs and expenses associated
with the litigation related to that claim, including but not limited to costs,
attorneys’ fees, paralegal expenses, attorneys’ fees on appeal, monies paid in
settlement or monies paid to satisfy any judgment obtained herein.
5.0 Independent
Contractor.
This Agreement
does not create an employer/employee relationship between the Parties. It is the intent of the Parties that School
is an independent contractor under this Agreement and not the City’s employee
for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act,
the provisions of the Internal Revenue Code, the State Worker’s Compensation
Act, and the State Unemployment Insurance Law.
City shall retain sole and absolute discretion in the judgment of the
manner and means of carrying out City’s activities and responsibilities
hereunder provided, further that administrative procedures applicable to
services rendered under this Agreement shall be those of City, which policies
of City shall not conflict with School, State or United States policies, rules
or regulations relating to the use of City’s funds provided for herein. City agrees that it is a separate and
independent enterprise from the School, that it had full opportunity to find
other business, that it has made its own investment in its business, and that
it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between City and the School and the
School will not be liable for any obligation incurred by City, including but
not limited to unpaid minimum wages and/or overtime premiums.
6.0 Assignments;
Amendments.
6.01
This Agreement, or any interest herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by
either Party without the prior written consent of the other Party. For purposes of this Agreement, any change of
ownership of School shall constitute an assignment which requires City
approval. However, this Agreement shall
run to the City and its successors and assigns.
6.02
It is further agreed that no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of
equal dignity herewith.
7.0 No
Contingent Fees. School warrants
that it has not employed or retained any company or person, other than a bona
fide employee working solely for School to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bond fide employee working solely for School
any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, the City shall have the right to terminate the Agreement without liability
at its discretion, to deduct from the contract price, or otherwise recover the
full amount of such fee, commission, percentage, gift or consideration.
8.0 Notice. Whenever any Party desires to give notice
unto any other Party, it must be given by written notice, sent by registered
United States mail, with return receipt requested, addressed to the party for
whom it is intended and the remaining Party, at the places last specified, and
that places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this
section. For the present, School and the
City designate the following as the respective places for giving of notice:
Copy To: Samuel
S. Goren, City Attorney
Goren,
Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone
No. (954) 771-4500
Facsimile
No. (954) 771-4923
School: Vice
President of Academic Affairs
17395
Northwest 59 Avenue
Miami Lakes, Florida 33015
Telephone
No. (305) 820-5003
Facsimile
No. (305) 820-5455
9.0 Binding
Authority. Each person signing
this Agreement on behalf of either Party individually warrants that he or she
has the full legal power to execute this Agreement on behalf of the Party for
whom he or she is signing, and to bind and obligate such Party with respect to
all provisions contained in this Agreement.
10.0
Legal
Representation. It is
acknowledged that each party had the opportunity to be represented by counsel
in the preparation of and contribution to the terms and conditions of this
Agreement and, accordingly, the rule that a contract shall be interpreted
strictly against the Party preparing same shall not apply herein due to the
joint contributions of both Parties.
11.0 Headings. Headings herein are for convenience of
reference only and shall not be considered on any interpretation of this
Agreement.
12.0 Severability. If any provision of this Agreement or
application thereof to any person or situation shall to any extent, be held
invalid or unenforceable, the remainder of this Agreement, and the application
of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest
extent permitted by law.
13.0 Governing
Law. This Agreement shall be
governed by the laws of the State of Florida
with venue lying in Broward County,
Florida.
14.0
Attorney’s
Fees. In the event that either
Party brings suit for enforcement of this Agreement, each Party shall bear its
own attorney’s fees and costs.
15.0 Extent
of Agreement. This Agreement
represents the entire and integrated agreement between the City and School and
supersedes all prior negotiations, representations or agreements, either
written or oral.
16.0 Termination. This Agreement may be terminated without
cause by either Party upon thirty (30) days written notice to the other Party.
17.0 Equal
Employment Opportunity. In the performance of this Agreement, School
shall not discriminate against any firm, employee, or applicant for employment
or any other firm or individual in providing services because of sex, age,
race, color, religion, ancestry or national origin.
18.0 Waiver. Any failure by City to require strict
compliance with any provision of this contract shall not be construed as a
waiver of such provision, and City may subsequently require strict compliance
at any time, notwithstanding any prior failure to do so.
19.0 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
EXHIBIT A
CONFIDENTIALITY STATEMENT
The undersigned hereby
acknowledges his/her responsibility under the Agreement between Keiser Career
College, Inc. (School) and The City of North Lauderdale (City), to keep
confidential any information regarding City patients, as well as all
confidential information of City. The
undersigned agrees, under penalty of law, not to reveal to any person or
persons, except authorized clinical staff and associated personnel any specific
information regarding any patient and further agrees not to reveal to any third
party any confidential information of City, except as required by law or as
authorized by City.
Dated this ______ day of
_________________, 20____.
_______________________________________________
Program Participant
________________________________________________
Witness
EXHIBIT B
Health Insurance Portability and Accountability Act (HIPAA) of 1996
The City and School will comply with all requirements of the
Health Insurance Portability and Accountability Act (HIPAA) of 1996. The City and School recognize that each is a
“Business Associate” of the other under the terms of HIPAA. As such, each agrees to the following:
1.
That neither party will use or disclose protected
health information for any purpose other than as authorized by law, by this
contract, or by separate agreement between the parties.
2.
That each party will not use or disclose protected
health information in a manner which would be a prohibited use or disclosure if
made by the other.
3.
That each party will maintain safeguards as necessary
to ensure that the protected health information is not used or disclosed except
as provided by law, by this contract, or by separate agreement between the
parties.
4.
That each party will report to the other any use or
disclosure of the protected health information of which it becomes aware that
is not provided for by law, by this contract, or by separate agreement between
the parties.
5.
That each party will ensure that any of its
subcontractors or agents to whom it provides protected health information
received from the other agrees to the same restrictions and conditions that
apply to each other with respect to such information.
6.
That each party will make available to the other its
internal practices, books and records relating to the use, disclosure, and
tracking of disclosure of protected health information received from the other
or its agents for the purposes of enforcing compliance with HIPAA.
7.
Each party will assist the other in meeting its
obligation to provide, at an individual’s request, an accounting of all uses
and disclosures of personal health information which are not related to
treatment, payment, or operations within 60 days of the request of an
accounting.
8.
That each party will incorporate any amendments or
corrections to protected health information when notified by the other that the
information is inaccurate or incomplete.
9.
That at the termination of this contract, unless a new
contract is agreed upon, each party will return or destroy all protected health
information received from the other that it still maintains in any form.
10.
That individuals who are the subject of disclosed
protected health information are intended as third party beneficiaries of this
contract provision.
11.
That either party may terminate this contract it is
learns that the other has repeatedly violated a term of this contract
provision.
12.
That each party will disclose only the minimum amount
of information necessary to accomplish the permitted use of the protected
health information. This minimum use requirement
does not apply to information provided for treatment or to disclosures required
by law.
13.
That each party will limit the use and disclosure of protected
health information to the minimum number of employees necessary by class of
employee and type information to accomplish the permitted use of the
information.
14.
That each party will meet at least the minimum security
requirements for the protection of protected health information as required by
HIPAA.
15.
That each party is bound by the terms of the “Notice of
Practices” of the other with regard to protected health information it receives
from the other.
AGREEMENT
THIS AGREEMENT is
made and entered into as of this _____ day of _____________, 2008, by and
between
CITY OF NORTH LAUDERDALE
(hereinafter
referred to as “City”),
A MUNICIPAL CORPORATION, of the State of Florida,
whose
principal place of business is
701 SW 71st Avenue, North
Lauderdale, Florida 33068
and
PROFESSIONAL MEDICAL CAREER CENTER, INC.
(hereinafter
referred to as “School”),
a
Florida Corporation, whose principal place of business is
6415 Lake Worth Road
Lake Worth, Florida 33463
WHEREAS, School operates an EMS
Training Program, and is conducting educational programs for the purpose of
providing skilled workers who can provide emergency medical services; and
WHEREAS, City has the facilities which
are available to assist in the provision of the said educational programs and
desires to participate in the education programs for the benefit of