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HomeMy WebLinkAboutContracts & Agreements_151-2003_CCv0001.pdf AGREEMENT EMERGENCY MEDICAL SERVICES FIELD EXTERNSHIP PARAMEDIC EDUCATION PROGRAM THIS AGREEMENT is made and entered into this 5th day of August,2003,by and between the California Paramedic Institute ("Institute") and the City of Redlands, a municipal corporation ("City"). RECITALS WHEREAS,Institute and City acknowledge a public obligation to contribute to emergency medical services education for the benefit of students and to meet community needs; and WHEREAS, Institute provides approved programs in the emergency medical services education which require clinical/field externship experience for students enrolled in these programs; and WHEREAS, City, through its Fire Department, has facilities suitable to meet the clinical/field externship needs of Institute's emergency medical services programs; and WHEREAS, City is willing to accept from Institute qualified emergency medical services students for clinical/field externship training; and WHEREAS, it is to the benefit of both Institute and City that emergency medical services students have opportunities for clinical/field externship experience to enhance their capabilities as practitioners; NOW,THEREFORE, Institute and City agree as follows: RESPONSIBILITIES OF INSTITUTE I Program in General. Institute is solely responsible for the admission,participation,students' employment and financing for its medical services education programs and will not discriminate based upon race, religion, sex, age, disability or national origin. a. Institute is solely responsible for offering emergency medical services educational programs eligible for accreditation by the appropriate state board. b. Institute will provide faculty members who are both qualified and competent teachers and licensed health care practitioners for all academic areas as necessary to fulfill the needs of this Agreement. Such faculty members may be invited by City to serve as volunteer resource persons to City staff by serving on emergency medical dj m\agree\5 107 Ca Paramedic Inst I services committees,by sharing knowledge as clinical experts and by participation in other matters dealing with the quality of patient care. C. Institute shall initiate the development of mutually acceptable clinical/field externship instruction plans for use by City's clinical/field externship areas to meet the educational goals of Institute's curricula for emergency medical services. Such plans will be made available to City at an initially agreed upon time and will be subject to revision in instances of conflict with City's policy on patient care. d. Institute shall ensure through orientation that all faculty and students are completely knowledgeable of the terms of this Agreement, City policies, practices, standards, regulations and available facilities used within City, prior to the placement of any Institute staff employees and/or students with City. e. Institute shall be solely responsible for instructing students regarding patient or institution confidentiality and to ensure that all students are qualified and physically capable to take part in the emergency medical services externship program with City. f. Institute shall regularly meet with City staff at a mutually agreed upon time at City for the purpose of interpreting,discussing and evaluating the educational programs that are the subject of this agreement. g. Institute staff,personnel and students shall not be considered to be City employees, nor shall they replace City staff. Clinical/field externship experience must be conducted as a laboratory learning experience and solely at the discretion of City. h. Any students placed by Institute with City for externship pursuant to this agreement shall be subject to the authority, policies and regulations of the Institute. During clinical/field externship assignments, all Institute students shall comply with all applicable City regulations and shall conform to the same standards as are set forth for City employees in matters relating to patient care and emergency medical services treatment. i. Institute shall be responsible for ensuring that the emergency medical services students assigned to the City for clinical/field externship instruction comply with all applicable provisions of this agreement and meet both Institute and City academic and clinical/field externship standards and rules and regulations of conduct. djmlagree15107 Ca Paramedic Inst 2 INSURANCE AND INDEMNIFICATION I, Liability Status of the Contracting Agencies. Institute shall provide City with Certificates of Insurance and endorsements prior to placing students with City's Fire Department. a. Institute shall provide City notice in writing within ten (10) days of its receipt of service of any insurance claims, losses, causes of action or damages regarding accident/injuries which may occur on City premises or within City owned or controlled fire service vehicles. 2. Workers' Compensation and Employer's Liability_. Institute shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. a. Institute expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Institute employees on City premises, or while working with City, by expressly waiving Institute's immunity for injuries to Institute's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Institute. This waiver is mutually negotiated by the parties. This provision shall not apply to any damage resulting from the sole negligence of City,its agents and employees. To the extent any of the damages referenced herein were caused by, or resulted from, the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify,defend and hold harmless are valid and enforceable only to the extent of the negligence of Institute, its officers, agents and employees. 3. Hold Harmless and Indemnification. Institute shall indemnify, hold harmless and defend City and its elected officials,agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Institute, its officers, agents and employees in performing the services required by this Agreement. City shall indemnify hold harmless and defend Institute from and against any and all claims, losses,expenses,damages,demands,judgments,causes of action,suits,and liability in tort,contract, or any other basis,and of every other kinds of character whatsoever including attorney's fees,to the extent that claims are caused by,result from or arise out of City's sole negligence,gross negligence, intentional misconduct or strict liability. 4. Comprehensive General Liability Insurance. Institute shall secure and maintain in farce throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City to cover Institute and its employees and students while participating in activities related to this Agreement. Minimum coverage of one million dollars ($1,000,000)per occurrence and three million dollars ($3,000,000) aggregate for public liability,property damage and personal djmlagree\5I07 Ca Paramedic Inst 3 injury is required. City shall be named as an additional insured and the insurance policy shall include aprovision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to City. Such insurance shall be primary with respect to City and non-contributing to any insurance or self insurance maintained by City. 5. Professional Liability Insurance. Institute shall secure and maintain professional liability and malpractice insurance throughout the duration of this Agreement for each emergency medical service student, in the minimum amount of three million dollars ($3,004,000) per occurrence. Certificates of liability insurance and endorsements shall be delivered to City for each emergency medical service student prior to placement of that student with City's Fire Department. RESPONSIBILITIES OF CITY 1. Program in General a. City may accept those qualified students submitted by Institute,at City's sole option, for paramedic field externship experience. b. City will maintain the standards which make it eligible for approval as a provider of clinical/field externship instruction on emergency medical services. C. City shall designate a staff member who will function as education coordinator for emergency medical services for education usage of City fire facilities,including joint planning with representatives and involved emergency medical services programs 2. For Services and Facilities a. City will permit use of the following facilities and services by Institute emergency medical services students and faculty at such times and to the degrees considered feasible by City. 1. Parking areas. 2. First aid treatment, provided appropriate written consent is given. 3. Access to sources of information for educational purposes, such as: a. Kardex files; b. Procedure guides,policy manuals; C. Medical dictionaries, pharmacology references; and other references suitable to the clinical/field externship area; d. Books and periodicals in the Medical Library. 3. Control of Institute Personnel. City may without liability, notice or hearing refuse access to its clinical/field externship areas to Institute's students and/or faculty who do not meet City's employee standards for safety,health,cooperation or ethical behavior or any other applicable City rules and regulations. djm*ree15107 Ca Paramedic Inst 4 JOINT RESPONSIBILITIES AND PRIVILEGES I For Publications. Publication by Institute faculty or City staff members of any material relative to their clinical/field extemship experience that has not been approved for release by the Institute and City is prohibited. 2. Assurance of Non-Discrimination. The Institute and City, in compliance with Title VI of the Civil Rights Act of 1964,Title IX of the Educational Amendments of 1972 and section 505 of the Rehabilitation Act of 1973, do not discriminate on the basis of race, color, national origin, religion, sex, age or handicap in any policies, procedures or practices. 3. Term. The term of this Agreement shall be from August 5,2003 until June 30,2005. Either party may terminate this Agreement at any time without cause or liability by ten (10) days prior written notice. 4. Notices. All notices shall be in writing and may be given by personal delivery or by mail. Notices sent by mail should be addressed as follows: Scott C. Arden RN Mel Enslow, Fire Chief Program Director City of Redlands California Paramedic Institute PO Box 3005 23141 Lake Center Drive Redlands, CA 92373 Lake Forest,CA 92630 When so addressed, such notices shall be deemed given upon depositing in the United States mail. In all other instances, notices shall be deemed given at the time of actual delivery. 5. Attorneys`Fees. In the event any action is commenced to enforce or interpret any conditions of this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorneys' fees. 6. Assianment. Institute shall not assign this Agreement to any other person or entity except with the prior written consent of the City. 7. Entire Agreement. This Agreement represents the entire agreement and understanding tl between the parties as to the matters contained herein and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Institute. S. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. djm\agree\5107 Ca Paramedic Inst 5 IN WITNESS THEREOF duly authorized representatives of the Parties shall sign a conformed copy of this Agreement. CALIFORNIA PARAMEDIC INSTITUTE By: Date: `_"i CITY OF REDLANDS By: Date: August 5. 2003 Karl N. Haws, Mayor Attest: � l z Lorrie = oyzer, Ci I k djmlagree\5107 Ca Paramedic Inst 6