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HomeMy WebLinkAboutContracts & Agreements_86-2003_CCv0001.pdf AGREEMENT EMERGENCY MEDICAL SERVICES FIELD EXTERNSHIP PARAMEDIC EDUCATION PROGRAM THIS AGREEMENT is made and entered into this 20th day of May, 2003, by and between the San Bernardino Community College District - Crafton Hills College Campus ("District") and the City of Redlands, a municipal corporation("City"). In consideration of the mutual promises contained herein, District and City agree as follows: I. RECITALS WHEREAS, District 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, District provides approved programs in the emergency medical services education which requires clinical/field externship experience for students enrolled in these programs; and WHEREAS, City through its Fire Department has facilities suitable for the clinical/field externship needs of District's education programs in emergency medical services; and WHEREAS, City is willing to accept from District qualified emergency medical services students for clinical/field externship training; and WHEREAS, it is to the benefit of both District and City that emergency medical services students have opportunities for clinical/field externship experience to enhance their capabilities as practitioners; NOW,THEREFORE, District and City agree as follows: 11. RESPONSIBILITIES OF DISTRICT I Program in General a. District is solely responsible with regard to admission, participation, students employment and financing and will not discriminate based upon race, religion, sex, age, disability or national origin. leml,agree,5105 Crafton College I b. District is fully responsible for offering emergency medical services educational programs eligible for accreditation by the appropriate state board. C. District 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 contract and that said faculty members may be invited by City to serve as volunteer resource persons to the City staff by serving on emergency medical services committees, by sharing knowledge as clinical experts, and by participation in other matters dealing with the quality of patient care. d. District 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 District's curricula for emergency medical services. Such plan 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. e. District shall ensure through orientation that all faculty and students are completely knowledgeable of the terms of this contract, City policies, practices, standards, regulations and available facilities use within the City prior to the placement of any District staff employees and/or students with City. f. District shall be solely responsible for instructing in regard to patient or institution confidentiality, and to ensure that all students are qualified and physically capable to take part in emergency medical services externship program with the City. 9. District shall regularly meet with City staff at a mutually agreed upon time at City for the purpose of interpreting, discussing and evaluating the educational program that is the subject of this contract. h. All District 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. i. Any students placed by District with City for externship pursuant to this contract shall be subject to the authority, policies and regulations of the District. During clinical field externship assignments all District 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. lem\agme',5105 Crafton College 2 j. District 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 District and City academic and clinical/field externship standards and rules and regulations of conduct. INSURANCE AND INDEMNIFICATION 1. Liability Status of the Contracting Agencies a. District shall provide City with Certificates of Insurance and endorsements prior to placing students with the City's Fire Department. b. District shall provide City notice in writing within ten (10) days of its receipt of service of any insurance claims, losses, causes of action, damage regarding accident/injuries which may occur on City premises or within City owned or controlled fire service vehicles. C. All general liability insurance required by this Agreement is to be maintained by the District for the duration of this Agreement, and shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by the City. 2. Workers' Compensation and Employer's Liability a. District 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. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. The insurance shall also include a provision prohibiting cancellation of said policy except with a thirty (30) day prior written notice to City. b. District expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by District employees on City premises or while working with the City by expressly waiving District's immunity for injuries to District'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 District. This waiver is mutually negotiated by the parties. This 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 is valid and enforceable only to the extent of the negligence of District, its officers, agents and employees. lem'.Agree\5105 Cmfton College 3 3. Hold Harmless and Indemnification. District 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 District, its officers, agents and employees in performing the services required by this Agreement. City shall indemnify hold harmless and defend District 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. Z> 4. Comprehensive General Liability Insurance. District shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City to cover District 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 two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. 5. Professional Liability Insurance. District and/or each student 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 one million dollars ($1,000,000) 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 the City Fire Department. IV. RESPONSIBILITIES OF CITY 1. Program in General a. City may accept those qualified students submitted by District, 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 leof,agree%S 105 Crafton College 4 2. For Services and Facilities a. City will permit use of the following facilities and services by District emergency medical services students and faculty at such times and to the degrees considered feasible by the 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 District Personnel a. City may without liability, notice or hearing refuse access to its clinical/field externship areas to District's emergency medical services students and/or faculty who do not meet the City's employee standards for safety, health, cooperation, or ethical behavior or any other applicable City rules and regulations. District and City may further discuss this refusal of access if, in City's sole discretion, City elects to do so. V. JOINT RESPONSIBILITIES AND PRIVILEGES 1. For Publications a. Publication by District faculty or City staff members of any material relative to their clinical/field externship experience that has not been approved for release by the District and City is prohibited. 2. Assurance of Non-Discrimination a. The District and the 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. letWagrWS 105 Crafton College 5 V1. DURATION OF AGREEMENT I. The term of this agreement shall be from May 21, 2003 until June 30, 2005. Either party may terminate this Agreement by prior written notice that this Agreement will be terminated no later than the end of the District term that is in session at the time of the Notice of Termination. 2. 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: Raymond G. Eberhard Mel Enslow, Fire Chief Business Manager City of Redlands San Bernardino Community College District PO Box 3005 For Crafton Hills College Campus Redlands, CA 92373 114 S. Del Rosa Drive San Bernardino CA 92408 3. 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 the actual delivery. VII. GENERAL CONSIDERATION 1. In the event any action is commenced to enforce or interpret any or conditions of this Agreement, the prevailing party shall, in addition to any costs of other relief, be entitled to recover its reasonable attorney fees. 2. District shall not assign this Agreement to any other person or entity except with the prior written consent of the City. 3. This Agreement shall be governed by and construed in accordance with the laws of the State of California. leni%agree',5 105 Crafton College 6 IN WITNESS THEREOF duly authorized representatives of the Parties shall sign a conformed of this Agreement. SAN BERNARDINO COMMUNITY COLLEGE DISTRICT B y: Date: May 6, 2003 Raymo d G. Eberhard, Business Manager CITY OF REDLANDS By: Date: May 20, 2003 Karl N. Haws,Mayor ATTEST: Beatrice Sanchez,- Deputy 3 City Clerk 7