Loading...
R18-0151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R18 -015 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES FOR EDUCATION AND CLINICAL TRAINING; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for the education and training of students and residents in the Charles E. Schmidt College of Medicine (the "College of Medicine "), including medical students visiting the College of Medicine from other medical schools both within and outside the United States (collectively referred to herein as the "Participants "), said Agreement being attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2 . The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for the education and training of students and residents in the Charles E. Schmidt College of Medicine, including medical students visiting the College of Medicine from other 31 32 33 34 35 36 i 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 accredited medical schools both within and outside the United States, (collectively referred to herein as the "Participants "), said being attached hereto as Exhibit "A." Section 3 . That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6t day of February, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray y Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: Judi A. Pyle, CMC Ci Clerk (Corporate Seal) EXHIBIT A AGREEMENT THIS AGREEMENT, made and entered into by and between the Florida Atlantic University Board of Trustees, 777 Glades Road, Boca Raton, Florida 33431, a public body corporate of the State of Florida, hereinafter referred to as 'BOARD" and the City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 -0310, hereinafter referred to as "CITY" WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for the education and training of students and residents in the Charles E. Schmidt College of Medicine ( "College of Medicine ") including medical students visiting the College of Medicine from other accredited medical schools both within and outside the United States (collectively referred to herein as the "Participants "); and WHEREAS, The BOARD, operating as Fiorida Atlantic University, is a duly accredited institution that has received full accreditation from the Liaison Committee on Medical Education for its undergraduate medical education program within the College of Medicine; and WHEREAS, the BOARD, in its medical educational program, has responsibility for the training of students, resident physicians and post - graduate trainees who require clinical education in various medical disciplines to complete their professional development; and WHEREAS, the BOARD requires that all students who rotate clinically must pass a level 2 background check (including fingerprints) and a drug test; and WHEREAS, the BOARD will provide the CITY with a proof of satisfactory background check clearance prior to each Participant commencing a ride along pursuant to this Agreement. NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. TERM AND TERMINATION. a. This Agreement is effective as of the last date signed below. This Agreement will continue for three (3) years from the effective date unless terminated sooner. b. This Agreement may be renewed at the end of the initial three (3) year term by the mutual written consent of the Parties for subsequent annual periods, unless otherwise terminated pursuant to the terms herein. c. In the event that either Party desires to terminate the arrangement prior to the completion of the three (3) year period or the completion of any subsequent 100213010.2 306-9001821) Page 1 of 4 renewal period, notice is to be given by the party desiring to terminate to the other party in writing, but such termination shall not be effected until such time as all then enrolled Participants have had an opportunity to complete their prescribed program, although new enrollees shall not be accepted after receipt of notice of termination. 2. 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 or parties may be entitled. The recovery of any funds as specified in this paragraph is subject to the limitations of any and all applicable laws, including but not limited to Fla. Stat. §768.28. FURTHER, THE BOARD agrees to: 1. Identify Participants for clinical experiences at the CITY's Fire Department, including ambulance ride - alongs. 2. Select a qualified faculty for didactic training of Participants. 3. Provide a College approved course of study for the clinical experiences. 4. Consult with the designated staff of the CITY's Fire Department in selecting clinical experiences for the Participants. A list of Participants and their dates of attendance at the CITY's Fire Department will be provided to the CITY's Fire Department by the College of Medicine. 5. Provide supervision for its Participants (this does not include supervision during ride alongs). 6. Adhere to the Policy and Procedures established by the CITY's Fire Department to include the Exposure Control Plan for Bloodborne Pathogens and any and all related OSHA and Infection Control Policies. 7. Cooperate with the CITY's Fire Department staff in all matters pertaining to the clinical experiences contemplated hereunder. 8. Comply with any and all public records laws, including but not limited to Chapter 119, Florida Statutes. a. Ensure that all public records that are exempt or confidential and exempt from public records disclosure are not disclosed except where required by law. 9. Obtain and maintain occurrence -type professional liability insurance coverage in amounts not less than $1,000,000.00 per incident, with no annual aggregate limit, covering students; and insurance coverage for the Board, both as described on the attached Certificates of Liability Protection. a. The BOARD shall provide a certificate of insurance to the CITY evidencing such insurance coverage. Should any of the above described policies be cancelled (00213010.2306- 9001921) Page 2 of 4 before the expiration date thereof notice will be delivered in accordance with the policy provisions. 10. Require that each Participant at his /her own expense provide the following: a. Uniforms b. Meals c. Laundry Service d. Transportation e. Physical examination and immunizations f. Hospital and medical care g. Medical /health insurance. FURTHER, CITY agrees to: 11. Provide necessary facilities for clinical experiences at the CITY's Fire Department, including ambulance ride - alongs. 12. Allow the Participants to accompany CITY staff on ride - alongs to observe clinical care. 13. Provide on -site oversight /supervision for Participants during the ride alongs. 14. Cooperate in the assignment of Participants in the CITY's Fire Department. 15. Provide suitable area at CITY's Fire Department for conferences and group training programs for Participants. 16. Cooperate in obtaining guest lecturers from CITY staff on request of the BOARD's Participant supervisor. FURTHER, BOTH PARTIES agree to: 17. RESPONSIBILITY AND LIABILITY Each Party agrees to be responsible for its own negligent acts or omissions, and the negligent acts or omissions of its officers, employees, servants, and agents when acting within the scope of their employment, agency, or pursuant to this Agreement, and agrees to be liable for any damage or injury resulting from said negligent acts or omissions. Nothing contained herein shall be construed or interpreted as: a. Denying to any Party any remedy or defense available to such Party under the laws of the State of Florida; b. The consent of the Florida Atlantic University Board of Trustees, its affiliates, the Board of Governors, the State of Florida or any of their respective officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate to be sued; c. The consent of the City of Boynton Beach, its Commissioners, Administrators, attorneys, Fire Department Staff, affiliates, officers, employees, servants, or agents to be sued; d. A waiver of sovereign immunity of either Party beyond that provided in Section (00213010.2 306-90019211 Page 3 of 4 768.28, Florida Statutes; e. Constituting a hold harmless agreement on the part of the City of Boynton Beach or the BOARD. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES (SEAL) Y Diane Elias Alperin, PhD., • for Advisor, Academic Affairs Date: l - ( by Charlesf. Schmidt College of Medicine Approved as to legal form: Name: Mill . Boiselle, MD Title: Dean Professor, Charles E. Schmidt College of Medici e Date: CITY OF BOYNTON BEACH Approved as to Forum 111W 11f and Legality General Counsel OJI F " forida Atlantic University By Name: Lori LaVerriere, City Manager Date Z j t =-- ? y, 4 0y Attorney (00213010.2308A001821) Page 4 of 4 F. LU. MWOM llls'NEIINEIIIIIN"llilill���ilimilloomm Florida Atlantic University College of Medicine Self - Insurance Program Respond to: P.O. Box 112735 Gainesville, Florida 32211 -2735 Tel (352) 273 -7006 / Fax (352) 273 -5424 CERTIFICATE OF LIABILITY PROTECTION Florida Atlantic University Charles E. Schmidt College of Medicine This memorandum provides a summary of the professional and patient general liability protection for claims and actions which arise from the acts or omissions of Florida Atlantic University Charles E, Schmidt College of Medicine ( FAUCOM) health care faculty, residents, and employees while acting within course and scope of their employment, and /or FAUCOM students while in an approved FAUCOM course of study or training program. A full description of the terms and conditions of the protections noted herein can be obtained from the administrative office of the Florida Atlantic University College of Medicine Self - Insurance Program (FAUSIP), a self - insurance program created pursuant to the authority of section 1004.24, Florida Statutes. The FAUCOM is a component ofthe Florida Atlantic University Board of Trustees ( FAUBOT), To the extent the State of Florida has partially waived its immunity to tort claims as described in section 768.28, Florida Statutes, the FAUBOT is protected for a professional or patient general liability claim or judgment by any one person in a sum not exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000), and for total claims or judgment arising out of the same incident or occurrence in a total amount not exceeding THREE HUNDRED THOUSAND DOLLARS ($300,000), without an annual aggregate, such protection being provided by the FAUSIP. Additional protection is provided by the FAUSIP for total professional or patient general liability claims or judgment arising out of the same incident or occurrence up to ONE MILLION DOLLARS ($1,000,000), without an annual aggregate and inclusive of the statutory limits described above, for any loss in excess ofthe statutory limits of liability which is assigned to the FAUBOT by action of the Legislature and Governor of the State of Florida. Individuals and entities protected by the FAUSIP who are not subject to the immunity as described in section 768.28, Florida Statutes, are provided professional and patient general liability protection for total claims or judgment arising out of the same incident or occurrence up to a liability limit of ONE MILLION DOLLARS ($1,000 without an annual aggregate, with such protection being provided by the FAUSIP. Students of the FAUCOM, while participating in a pre - approved course of study or training program, are provided professional and patient general liability protection for total claims or judgment arising out of the same incident or occurrence up to a liability limit of ONE MILLION DOLLARS ($1,000,000), without an annual aggregate, with such protection being provided by the FAUSIP. All liability protection described herein will respond to any claim or action arising from negligent acts or omissions on an OCCURRENCE basis, subject to applicable statutes of limitation and repose. Professional liability actions filed against the FAUBOT pursuant to section 768.28, Florida Statutes, are subject to section 766.112(2), Florida Statutes, which provides that any judgment against the FAUBOT for medical malpractice actions shall be on the basis of the FAUBOT's comparative fault and not on the basis of the doctrine of joint and several liability and that the sole remedy available to a claimant to collect damages allocated to the FAUBOT shall be pursuant to section 768.28, Florida Statutes. This Certificate of Liability Protection does not amend, alter, or modify the protection afforded by the FAUSIP and is not fully descriptive of all conditions and restrictions. Further, the FAUSIP is prohibited from adding as "insureds" or "protected entities" any individual or entity not described in section 1004.24, Florida Statutes, or other statute specifically authorizing their protection, nor can their protection be contractually extended to non- insureds or non- protected entities through indemnity or save - and -hold- harmless or similar agreements. Certificate Coverage Period: July 1, 2017 — June 30, 2018 Lynette M. Belforti Operations and Underwriting Officer State University System of Florida Board of Governors Self - Insurance Programs April 10, 2017 Respond to: P.O. Box 112735 F.4 oLU. Gainesville, Florida 32211 -2735 Tel (352) 273 -7006 / Fax (352) 273 -5424 Florida Atlantic University College of Medicine Self - Insurance Program CERTIFICATE OF LIABILITY PROTECTION PROTECTED GROUP: Students of the Florida Atlantic University Charles E. Schmidt College of Medicine and Christine E. Lynn College of Nursing. The Board of Governors of the State of Florida, pursuant to the authority of § 1004.24, Florida Statutes, and BOG Regulation 10.001, has created the Florida Atlantic University College of Medicine Self- Insurance Program (FAUSIP) to provide .commercial patient general liability protection, including professional liability protection, for the Florida Atlantic University Board of Trustees and its Florida Atlantic University operations. This coverage includes protection of Florida Atlantic University students while engaged in pre- approved course of study or training programs of the following colleges: Charles E. Schmidt College of Medicine Christine E. Lynn College of Nursing COVERAGE LIMITS: Patient General Liability: $ 1,000,000 per occurrence, without an annual aggregate Professional Liability: $ 1,000,000 per occurrence, without an annual aggregate COVERAGE TYPE: Occurrence This Certificate of Liability Protection does not amend, alter, or modify the protection afforded by the FAUSIP and is not fully descriptive of all conditions and restrictions. Please inquire directly with the undersigned for additional information, if required. Certificate Coverage Period: July 1, 2017 — June 30, 2018 Lynette M. Belforti Operations and Underwriting Officer State University System of Florida Board of Governors Self - Insurance Programs April 10, 2017