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HomeMy WebLinkAboutCalifornia Firefighter Joint Apprenticeship Committee (Cal-JAC); 2024-11-01;Docusign Envelope ID: D97E6837-3D4E-4F1 C-8963-387C3E502805 AGREEMENT RE: FIELD TRAINING FOR PARAMEDIC STUDENTS This Agreement is made as of November 1, 2024, by and between the City of Carlsbad (City), and California Firefighter Joint Apprenticeship Committee (Cal-JAC). RECITALS WHEREAS, the City is a provider of emergency medical services within the City of Carlsbad; and WHEREAS, Cal-JAC provides instruction to students desiring to become licensed as paramedics; and WHEREAS, Cal-JAC's students must serve a minimum 480-hour field internship to complete their course of instruction; and WHEREAS, the City is able to provide field internships for the Cal-JAC's students; and WHEREAS, it is to the mutual benefit of both the City and Cal-JAC that students enrolled in the Cal-JAC's EMT Paramedic program have opportunities for field education as students and future practitioners. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The City will provide no fewer than 480 hours of supervised field experience in its field settings for Cal-JAC's students for instructional purposes. Total number of hours needed to complete will be determined by City and Cal-JAC. Students are required to begin their field internship within 90 days of completing their hospital clinical training. Students under this program are in attendance with the City for educational purposes and are not permanent or probationary employees of either Cal-JAC or the City for any purpose. Additionally, the assignment of a student to a field preceptor shall be limited to duties associated with the students training program. Students are not entitled to compensation for services, employee welfare and pension benefits, or workers' compensation benefits from the City. 2. The days and hours of field experience shall be mutually agreed upon by Cal-JAC and the City. In each field setting, the City employee shall be a designated Preceptor to supervise all aspects of care performed by students. Each student shall have a minimum of 40 documented Advanced Life Support (ALS) patient contacts during the field internship. ALS patient contacts shall be defined as student performance of one of more ALS skills on a patient, except cardiac monitoring and CPR. 3. Preceptors assigned by the City must be a paramedic in good standing with the County of San Diego Emergency Medical Services Agency for a minimum of two years. Preceptors will provide hands-on education to students appropriate for adult learning. Preceptor training will be provided by Cal-JAC. 1 Docusign Envelope ID: D97E6837-3D4E-4F1 C-8963-387C3E502805 4. Cal-JAC certifies students placed with the City will have successfully completed a minimum of 454 hours of didactic instruction and skills laboratories as they apply to the Paramedic level of instruction, as well as instruction in hazardous materials, infectious disease control (blood borne pathogens}, as specified by OSHA for pre-hospital care providers, which include asepsis and aseptic techniques. In addition, the students will have successfully completed a minimum of 160 hours of clinical training at a partner Emergency Department. Cal-JAC shall provide a written policy and procedure for students in the event of field training injury or communicable disease exposure. 5. Cal-JAC certifies it will have on record for all students placed with the City proof of prior immunization for measles, mumps, rubella, polio, Hepatitis B, diphtheria, and tuberculosis testing. 6. Students shall be subject to all rules and regulations applicable to the City's emergency medical services staff. 7. Cal-JAC shall maintain insurance policies for Comprehensive General Liability and for Professional Liability and Malpractice, in the amount no less than one million dollars each. The professional liability insurance (malpractice} shall cover students of the Cal-JAC during assignment with the City. Cal-JAC shall provide a certificate of insurance, naming the City, its officers, employees, agents, and volunteers as Additional Insured, and requiring notification to the City at least thirty days in advance of any material modification or cancellation of coverage. 8. Cal-JAC hereby agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, contractors (other than Cal-JAC itself} and volunteers, and each of them, from and against any and all claims, actions, damages, costs, liability, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or cost reasonably incurred by the City's staff attorney or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively "liabilities"}, to which any or all of them may be subjected as a direct or indirect result of the City's provision of field experience to students under this agreement, whether or not the liabilities are litigated, settled, or reduced to judgment. Cal-JAC shall, upon the City's request, defend at Cal-JAC's sole cost any action, claim or suit which asserts or alleges any such liabilities, whether well founded or not and whether or not such action, claim or suit also asserts or alleges negligent or wrongful conduct by the City, its officer, employees, agents or volunteers. 9. Transportation to and from the City work sites shall be the responsibility of the student. 10. It is agreed and understood that the parties to this agreement are independent contractors. 11. The City is not required to accept students from Cal-JAC's program and does not guarantee any minimum number of field internships at any given time. 2 Docusign Envelope ID: D97E6837-3D4E-4F1 C-8963-387C3E502805 12. Cal-JAC, instructors and students shall at all times maintain and respect the privacy and confidentiality of all patient information. 13. California law shall apply to this agreement and any action or proceeding to enforce the terms thereof shall be brought in the North County Judicial District of San Diego County, California. 14. The term of this agreement shall commence on November 1, 2024, and will expire on December 31, 2027. To terminate this contract with or without cause by either party a 30- day written notice of termination must be provided to the other party at any time. 15. This agreement represents the entire agreement between the parties. Any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this agreement not expressly set forth in this agreement, are of no force and effect. This agreement may be modified only by a written amendment signed by both parties. 16. Each party to this agreement, for itself, its subcontractors, assignees and successors in interest, agrees not to unlawfully discriminate because of race, color, national origin, religion, sex, sexual orientation, disability, age, veteran status, medical condition (cancer- related) as defined in Section 12926 of the California Government Code, ancestry, or marital status, or citizenship. City of Carlsbad By Ak\\...J C-JJ<r1,.>00J Michael Calderwood Fire Chief APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney Cal-JAC By n:: d~ :. ~ Executive Director 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/27/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER ~f~i~cT Julian Ortiz lnterWest Insurance Services, LLC ;.~~N~o Ext\• 925-977-4110 I ;,ffc Nol: 925-977-4110 P.O. Box 8110 Chico CA 95927 ~~D~~ss: iortiz@iwins.com INSURER(S\ AFFORDING COVERAGE NAIC# License#: 0B01094 INSURER A: Arch Insurance Comoanv 11150 INSURED CALIFIR-01 INSURER B : Markel American Ins Comoanv 28932 California Fire Fighter Joint Apprenticeship Committee INSURER c : Philadelohia lndemnitv Ins. Co. 18058 1780 Creekside Oaks Drive Sacramento CA 95833 INSURER D : State Como Ins Fund /CA) 35076 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1459641389 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR /~grti~\ POLICY EXP LIMITS LTR TYPE OF INSURANCE ,u~n ,.n,n POLICY NUMBER IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY y MEPK07375416 7/1/2024 7/1/2025 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE [8J OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $100,000 MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $3,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY MEPK07375416 7/1/2024 7/1/2025 COMBINED SINGLE LIMIT iEa accident\ $1,000,000 ~ X ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULEO BODILY INJURY (Per accident) $ AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ -$ A X UMBRELLA LIAB MOCCUR MEUM07179016 7/1/2024 7/1/2025 EACH OCCURRENCE $5,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 OED I I RETENTION $ $ D WORKERS COMPENSATION 93499592024 12/1/2024 12/1/2025 X I ~~fruTE I IOTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A EL EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liabilily NPL003604602 9/2/2024 9/2/2025 Aggregate $2,000,000 C AccidenWolunteer PHPA156109 4/14/2024 4/14/2025 Aggregate $500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Carlsbad Fire Department, City, its officers, employees, agents, and volunteers Additional Insured status applies to requested entities if required by written contract per the attached policy form(s)/endorsement(s). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad Fire Department 2560 Orion Way AUTHORIZED REPRESENTATIVE Carlsbad CA 92010 ·1~~ ~--,"- I ,;,/J't:t -~ ,r ;-'J.(J!,,__ -.:.,, © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE EXTENSIONS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Enhanced Property Damage Paragraph a. Expected or Intended Injury in 2. Exclusions under Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability is deleted and replaced with the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Damage to Rented Premises The following paragraph is added to j. Damage to Property of 2. Exclusions under Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability: Paragraphs (1), (3), and (4) of this exclusion do not apply to "property damage" to premises, including the contents of such premises, rented to you or occupied by you with the permission of the owner for a period of 8 or more consecutive days. The most we will pay for all such "property damage" is $50,000. 3. Damage to Property The term "damage by fire" is amended to "damage by fire, lightning or explosion" in j. Damage to Property of 2. Exclusions under Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability, paragraph 6. under Section Ill -Limits of Insurance and paragraph 9.a. under Section V -Definitions. 4. Customer's Autos Paragraphs g. Aircraft, Auto or Watercraft and j. Damage to Property in 2. Exclusions under Section I - Coverages, Coverage A Bodily Injury and Property Damage Liability do not apply to "customer's autos" while on or next to those premises you own, rent or control that are used for "auto" repair or service. The most we will pay for "property damage" to a "customer's auto" is $50,000. The following definition is added to Section V -Definitions; "Customer's auto" means an "auto" temporarily in your care, custody or control for the purpose of receiving repair or service but does not include an "auto" owned by, rented or loaned to any insured. This extension only applies if there is no "auto" policy or coverage part provided by us which affords such coverage. 5. Patients Property Paragraph j. Damage to Property in 2. Exclusions under Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability does not apply to the personal effects of fire and rescue victims, medical patients, and the immediate relatives of such victims and patients, while such property is in your care, custody or control at the scene of an emergency or while in transit to or from a medical care facility.. The most we will pay for "property damage" to patients property is $50,000. This extension only applies if there is no inland marine policy or coverage part provided by us which affords such coverage. GL20140115 McNeil & Co., 2015 Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6. Bail Bonds Subparagraph 1.b. under Section I -Coverages, Supplementary Payments -Coverages A and B is amended to read as follows: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 7. Your Expenses Subparagraph 1.d. under Section I -Coverages, Supplementary Payments -Coverages A and B is amended to read as follows: d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. 8. Additional Insured The following are added to Section II -Who Is An Insured: a. Persons or Organizations -As Required By Contract Any person or organization when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your ongoing operations for such person(s) or organization(s); (2) "Your products"; or (3) Your use or maintenance of a premises you own, rent, lease, occupy or otherwise use with the permission of the owner, except those premises you lease from person(s) or organization(s) for which paragraph 8.b. below applies. b. Managers, Landlords or Lessors of Premises Any person or organization from whom you lease premises when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: ( 1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). c. Lessors of Leased Equipment Any person or organization from whom you lease equipment when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Coverage provided to the person(s) or organization(s) included as an insured in subparagraphs 8.a., 8.b., and 8.c. above only applies if the written contract or agreement identified in subparagraphs 8.a., 8.b., and 8.c. above is executed prior to the "bodily injury", "property damage", or "personal and advertising injury". Coverage shall be primary and not contributory with respect to the person(s) or organization(s) included as an insured in subparagraphs 8.a., 8.b., and 8.c. above. Any other insurance such person or organization has will be GL20140115 McNeil & Co., 2015 Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. excess and not contributory with this insurance but this provision only applies if it is required in the written contract or agreement identified in subparagraphs 8.a., 8.b., and 8.c. above. 9. Newly Formed or Acquired Organizations Subparagraph 3.a under Section II -Who Is An Insured is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 10. Duties in the Event of Occurrence, Offense, Claim, or Suit The following subparagraph e. is added to 2. Duties in the Event of Occurrence, Offense, Claim, or Suit under Section IV -Commercial General Liability Conditions: e. Knowledge of any "occurrence", offense, claim, or "suit" will be deemed knowledge by you only when such "occurrence", offense, claim, or "suit" is known to an officer, director, commissioner, board member, trustee, "employee", "volunteer worker" or appointee designated by you to give us notice of such "occurrence", offense, claim, or "suit". 11. Waiver of Subrogation Paragraph 8. Transfer of Rights of Recovery Against Others to Us under Section IV -Commercial General Liability Conditions is deleted and replaced by the following: 8. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to persons or organizations with which you have a written contract and for which the provisions of paragraph 8. of this endorsement apply, but only to the extent that subrogation is waived prior to the "occurrence" or offense under such written contract with that person or organization. 12. Liberalization If we revise this coverage part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 13. Mental Anguish Paragraph 3. under Section V -Definitions is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person including death resulting from any of these. "Bodily injury" includes "mental anguish" or other mental injury. "Mental anguish" means mental suffering or emotional disturbances such as distress, fear, anxiety, depression, grief or psychosomatic physical symptoms. GL20140115 McNeil & Co., 2015 Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.