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R09-098 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R09- (J 99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE FOR EDUCATION AND TRAINING OF STUDENTS IN PARAMEDIC AND EMT PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, through passage of Resolution R06-128, the City Commission of the 17 City of Boynton Beach authorized the City Manager to execute an amendment to the 18 agreement between the City of Boynton Beach and The District Board of Trustees of Palm 19 Beach Community College; and 20 WHEREAS, the time period for the Agreement has come to an end and no additional 21 renewals are provided for in the Agreement; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon 23 recommendation of staff, has deemed it to be in the best interests of the citizens and residents 24 of the City of Boynton Beach to enter into a new Agreement between the City of Boynton 25 Beach and The District Board of Trustees of the Palm Beach Community College for the 26 education and training of students in Paramedic and EMT Programs; such Agreement is 27 attached hereto as Exhibit "A." 28 NOW THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE 29 CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: " Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Manager is hereby authorized to execute an Agreement 5 between the City of Boynton Beach and The District Board of Trustees of Palm Beach 6 Community College for the education and training of students in Paramedic and EMT 7 Programs. 8 Section 3. That this Resolution shall become effective immediately upon passage. sr 9 PASSED AND ADOPTED this ~ day of July, 2009. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 32 33 34 35 36 37 CITY OF BOYNTON BEACH, FLORIDA J.::1f ~~ ~yor-Je -'-Tayl - - ~ 4)J~~ ~odroWL. CO~ioner - Rona Commis io er - J se ~ tOf-()q f AGREEMENT THIS AGREEMENT, made and entered into by and between the DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE, 4200 Congress Avenue, Lake Worth, Florida 33461, a political subdivision under the laws of the State of Florida, hereinafter referred to as "BOARD" and the City of Boynton Beach, Fire Rescue Department, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435- 0310, hereinafter referred to as "DEPARTMENT." WITNESSETH WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for the education and training of students in the Paramedic and EMT programs. NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. BOARD, through its facilities at the Palm Beach Community College ("College"), has undertaken to educate and train students in the Paramedic and EMT programs. 2. DEPARTMENT agrees not to commence any in-house Paramedic and EMT training courses similar to those conducted by the College while this Agreement is in effect, without prior notification to the BOARD. 3. The programs shall be under the auspice of Health Science of the College. 4. The President of Palm Beach Community College shall have control of the program and will be assisted by the EMS/Fire Program Supervisor under the auspice of Health Science of the College. 5. A Business Partnership Council shall be established to counsel the President and Supervisor responsible for the program. 6. The term of this Agreement shall be for three (3) years, commencing on August 14, 2009 and expiring on August 14, 2012, unless sooner terminated as hereinafter provided. In the event that either party desires to terminate the arrangement prior to the end of the three (3) year period, notice shall be given by the party desiring to terminate to the other party in writing. Such termination 1 shall not be effective until such time as all then-enrolled students have had an opportunity to complete their prescribed program. New enrollees shall not be accepted after receipt of notice of termination. Following completion of any Agreement term and upon approval by the City Commission, this Agreement may be renewed by written agreement of the parties. Renewal terms shall be for a minimum of one (I) year and shall not exceed three (3) years. 7. In the event that any action, suit, or proceeding is commenced with respect to the interpretation or enforcement of this agreement, the prevailing party in such action, suit, or proceeding shall be entitled to recover all costs, expenses, and fees including, without limitation, reasonable attorney's fees incurred by such party in connection therewith in addition to any other relief to which such party may be entitled. FURTHER, THE BOARD agrees to: 1. Accept eligible students into the program as regular enrollees of the Palm Beach Community College, subject to the rules and regulations of the College. 2. Select a faculty qualified to teach the courses necessary to obtain Paramedic and EMT certification in the State of Florida and in Palm Beach County. 3. Provide a College-approved course of study which meets Federal, State of Florida, Palm Beach County, and industry-wide standards. 4. Consult with the designated staff of DEPARTMENT in selecting clinical experiences for the students of the program. A list of students and their dates of attendance will be provided to DEPARTMENT by the College. 5. Provide supervision for the students participating in clinical experiences at DEP ARTMENT. 6. Adhere to the Policy and Procedures established by DEPARTMENT to include the Exposure Control Plan for Bloodborne Pathogens and all related OSHA and Infection Control Policies. 7. Cooperate with DEPARTMENT staff in all matters pertaining to these programs. 8. To the extent permitted by Florida law, Section 768.28, BOARD agrees to indemnify and hold harmless DEPARTMENT from and against all claims, 2 damages, losses, judgments, and expenses, including reasonable legal fees and costs, if it is necessary for DEPARTMENT to defend an action arising out of any alleged acts or omissions of DEPARTMENT'S program participants. FURTHER, DEPARTMENT agrees to: 1. Provide necessary facilities for clinical experiences for proper Paramedic and/or EMT instruction. 2. Cooperate in the assignment of students in DEPARTMENT, such assignments to be made under the supervision of the College faculty. 3. Provide liaison between the DEPARTMENT administrator and the EMS/Fire Program Supervisor under the auspice of Health Science of the College. 4. Provide suitable area at DEPARTMENT for conferences and group training programs for the students. 5. Cooperate in obtaining guest lectures from the staff of DEPARTMENT on request of the EMS /Fire Program Supervisor as schedule permits. 6. Provide all health examinations and immunizations required by the DEPARTMENT other than the basic physical examination and initial immunization required of each student upon enrollment. 7. Cooperate with the College staff in all matters pertaining to these programs. 8. To the extent permitted by Florida law, Section 768.28, DEPARTMENT agrees to indemnify and hold harmless BOARD from and against all claims, damages, losses, judgments, and expenses, including reasonable legal fees and costs, if it is necessary for BOARD to defend an action arising out of any alleged acts or omissions of the Department staff related to this Agreement. FURTHER, BOTH PARTIES agree to: 1. Require that each Paramedic/EMT student at hislher own expense provide the following: a. Uniforms b. Meals c. Laundry Service 3 . d. Transportation e. Physical examination and immunizations f. Hospital and medical care g. School Accident Insurance or evidence of such insurance protection h. Professional Liability Insurance coverage of not less that $1,000,000 per occurrence and $3,000,000 aggregate. PALM BEACH COMMUNITY COLLEGE Lw h.. \?~ .-~ \ By .~. 'i ~ oc; VP Administration & Business Services CITY OF BOYNTON BEACH (SEAL) ATTEST: .P~ anet M. Prainito, CMC City Clerk By: fj-..(Jf) -oct Ja Date 4 ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 07/29/08 PRODUCER 1-800-524-0191 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7380 W. Sand Lake Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 390 Orlando, FL 32819 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A; AHERICAN CAS CO OF READING PA 20427 Florida Community Colleges Risk Management Consortium INSURER B; 5700 SW 34th Street INSURER C; Suite 1205 Gainesville, FL 32608 INSURER D; INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ~'?~~ POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS ~ERAL LIABILITY EACH OCCURRENCE $ - 3MMERCIAL GENERAL LIABILllY PREMISES IEaoccurance\ $ - CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~'LAGGREn LIMIT APnS PER; PRODUCTS - COMPIOP AGG $ POLICY ~R-r LOC ~TOMOBILE UABILlTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- I-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accidenl) I-- I-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGG $ [jESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~$If'J#s I IOJ~- EMPLOYERS' LIABILITY N;Y PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~~~~~R~~~~NS below E.L. DISEASE - POLICY LIMIT $ OTHER A Student Professional 0127291333 08/26/08 08/26/09 Each Claim 2,000,000 Liability Aggregate 5,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Palm Beach Community College Student Clinical Experience for EMS/EMT Program(s). Coverage includes College Faculty Members for instruction/supervision of students only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Boynton Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 100 East Boynton Beach Boulevard IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Box 310 REPRESENTATIVES. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE /;'/.:~~ USA /". ACORD 25 (2001/08) gerenaorl @ACORD CORPORATION 1988 9418066 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) The Citg ol Bo1Jnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org July 27, 2009 Ms. Beryl Mancuso VP Administration & Business Services District Board of Trustees of The Palm Beach Community College 4200 Congress Avenue Lake Worth, Florida 33461 Re: Resolution 09-098 Agreement for Paramedic and EMT Programs Dear Ms. Mancuso: Enclosed for your handling is the agreement mentioned above and a copy of the resolution that was approved by the City Commission at their regular meeting on July 21, 2009. Once the agreement has been signed please return to the City Clerk's Office for further processing. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Vn.p~ ~inito, CMC City Clerk Enclosures Cc: Chief Bingham Mike Landress tis S:\CC\ WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2009\R09-098 Agreement for Paramedic and EMT Programs with PBCC.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org August 26, 2009 Ms. Beryl Mancuso VP Administration & Business Services District Board of Trustees of The Palm Beach Community College 4200 Congress Avenue Lake Worth, Florida 33461 Re: Resolution 09-098 Agreement for Paramedic and EMT Programs Dear Ms. Mancuso: Attached for your information and use is an executed original of the agreement mentioned above. Since the documents have been fully executed, I have retained one original for Central File. Very truly yours, CITY OF BOYNTON BEACH CJ::;, Yn. p~ J et M. Prainito, CMC City Clerk Enclosures Cc: Chief Bingham Mike Landress tis s' \ cc \ WP\AFTER COMMISSION\ Other Transmittal Letters After CommissIOn \2009\R09-098 Agreement for ParamedIc and EMT Programs with PBCC Executed.doc America's Gatewa:v to the GU/fstream