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HomeMy WebLinkAboutEMSTA College; 2014-05-19;AFFILIATION AGREEMENT This Agreement is made May 19, 2014, by and between EMSTA College, ("School") and City of Carlsbad, a municipal corporation on behalf of its Fire Department ("Agency") with respect to the following terms: WHEREAS: School is an accredited educational institution which offers a program of instruction leading to certification or licensure of its students as Emergency Medical Technician, Emergency Medical Technician-Paramedic and other, similar health care and prehospital providers (Students); WHEREAS: As part of the licensing and/or certification requirements, Students must complete a course of study including clinical learning experience as set forth in the curriculum of the programs (Clinical Experience) on an ambulance providing the appropriate level of care and operating in normal service; WHEREAS: Agency is a provider of emergency medical service, including advanced life support prehospital care and transport; WHEREAS: Agency has agreed to assist School by providing a limited Clinical Experience for Students, upon certain terms and conditions, so long as its participation in the program does not jeopardize patient care or compromise Agency's standards of service to its patients and clients. NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The Agency will: 1. Make available its clinical and related facilities for the obtaining of the required Clinical Experience learning objectives by Students enrolled in health occupation programs at the School, who are designated by the School for such learning experiences under the supervision of the School faculty members, provided that the Agency may refiase educational access to its field areas or records to any School faculty or Student who do not meet the standards of the Agency. 2. Arrange Clinical Experience learning schedules in such a manner as to prevent conflict of schedules among various schools. 3. Designate an Agency employee to coordinate the Student's Clinical Experience learning. This involves the planning with faculty members for the assignment of the Students to specific clinical areas, cases and experiences, and overall evaluation of Students. The designated person shall serve as the liaison for two-way communication of pertinent information, such as policy and procedure changes. Such designee shall remain subject to the sole control and direction of the Agency. Nothing herein shall be construed as making said designee an employee or subject to control or supervision of the School. Said designee shall be referred to herein as the "Clinical Coordinator." 4. Provide for orientation of faculty and Students assigned to the Agency's facility. For preceptor programs, designate qualified Agency licensed paramedic staff to serve as clinical preceptor, referred to herein as "Clinical Preceptors," for Students ofthe School's Clinical Experience programs. The ratio of preceptor to Student shall not exceed one to one. 5. Retain the ultimate responsibility for patient care by assuring that there is staff adequate in number and quality to insure safe and continuous health care service to individuals irrespective of Student presence. It is agreed that unpaid on-the-job training experiences shall not provide the Agency with any immediate benefit. 6. Provide, whenever possible, in connection with the Students' clinical learning experience, reasonable classroom or conference room space. 7. Permit, upon request, the inspection of its clinical and related facilities by agencies charged with the responsibility for accreditation of the School's programs. 8. Defend, indemnify and hold harmless the School, its officers, agents and Students, or employees, arising out of the Clinical Experience, from and against all claims, damages, losses and expenses including attomey fees caused by the negligent acts or omissions of Agency, its officers, agents, physicians, or employees, except where caused by the active negligence, sole negligence or willful misconduct of the School. The School will: 1. Verify that the faculty member who supervises Students has a current, valid RN license and/or other required credential (s). 2. Initiate the development of mutually acceptable clinical instruction plans for using the Agency's clinical areas to meet educational goals of each health occupations program using the Agency. These plans will be made available to the Agency at a mutually agreed upon time and will be subject to revision in instances of conflict with Agency patient care responsibilities or School interests. 3. Provide orientation for clinical preceptors. 4. Provide faculty members to assume the responsibility for all instruction and supervision of the Students' clinical learning experiences. The faculty member has the authority to take immediate corrective action in the clinical area at any time the Student gives evidence of being unable to function safely. 5. Have the supervising faculty members plan, in coordination with designated Agency employees, the assignment of patient care that will be assumed by the Students while participating in their clinical learning experiences, and Student attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Agency. 6. Require every Student and faculty member to conform to all applicable Agency policies, procedures, and regulations, and all requirements and restrictions specified jointly by representatives of the School and the Agency. 7. Provide and maintain the records and reports necessary for the conduct of the Students' clinical learning experience. 8. Be responsible for requiring and validating health examinations and such other medical examinations and protective measures as the Agency and School mutually agree to be necessary. 9. School shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Schools officers, agents, physicians. Students, or employees. a. School will maintain Professional Medical Liability and General Liability coverage of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) aggregate. Coverage must specifically cover Students in the Clinical Experience, working under this Agreement and within the course of their training and education during this program. School will name Agency as an Additional Insured under the policy and include an indemnification provision, by endorsement, to be attached to the certificate of insurance. School will provide Agency with a written verification of coverage in the form of a certificate of insurance which will be attached to this Agreement. School covenants to keep the required insurance in force and effect through the term of this Agreement and maintain tail coverage for five (5) years thereafter if the coverage was a "claims made" policy. b. School assures the Agency that all coverage of insurance required herein includes specific provisions and/or endorsements to include Students within School's Medical Liability and General Liability coverage for all activities conducted under this program. c. School recognizes that Students are NOT covered by Agency's Self Insured Program. School represents and warrants that it will maintain, or ensure that its Students are covered, for bodily injury and disease should any Student be injured or become ill during the course of their Clinical Experience. School will provide Agency with a written verification of insurance coverage in the form of a certificate of insurance which will be attached to this Agreement. d. The amount of insurance required hereunder shall not limit School's liability nor relieve School of any obligation hereunder. e. Any policies of insurance shall be maintained with insurance companies: (1) holding a "General Policyholder's Rating" of AIV or better, as set forth in the most current issue of "Best's Insurance Guide," or comparable rating from reputable rating organizations; (ii) licensed to operate and sell insurance in the state in which the clinical experience will occur; and (iii) in good standing with the state's Department of Insurance or other similar regulatory agency in the state in which the clinical experience will occur 10. Obtain an endorsement to its comprehensive general liability insurance policy to include instructors while in the Agency and name the City of Carlsbad as an additional insured. 11. Make provision for the faculty to engage in continuing communication and periodic evaluation and planning meetings with Agency personnel involved with Student learning, including preceptors, if assigned. Any problems will be handled as they arise by the supervising faculty member and the staff member (s) involved. If necessary, further assistance may be sought from the supervisors of the persons involved. In the event of continued difficulty, the problem will be referred to the appropriate Agency Administrator and the President/Director of EMSTA College. 12. The School warrants and represents that the programs (s) offered by the School are and at all times shall remain in compliance with, and has received all necessary consents and approvals required by all federal, state, and local laws and regulations applicable. 13. If research is undertaken on human subjects by faculty and/or Students enrolled in the programs, appropriate measures shall be used to insure the protections of the rights and safety of each individual involved as a subject in the research. Whenever tests of any kind are administered, written consent shall be secured, or the written consent of parents/guardians, when appropriate. 14. Maintain total student numbers and faculty/Student or preceptor/Student ratios which do not exceed the mutually agreed upon number and ratio for each individual program. 15. Defend, indemnify and hold harmless Agency, its officers, agents, and employees from and against any and all claims, damages, losses and expenses including attomey fees caused by the negligent acts or omissions of the School, its officers, agents, students, or employees, except where caused by the active negligence, sole negligence or willful misconduct of the Agency. IT IS HEREBY FURTHER AGREED: Neither the School nor the Agency shall discriminate against any Student or employees on the basis of race, color, national origin, sex, marital status, parental status, or handicap in employment practices or on-the-job training experiences. 1. Any modification of this contract must be mutually agreed upon, written, supported by consideration and must no delete any of the elements essential to the validity of the original Agreement. 2. This Agreement may not be assigned by either party without the prior written consent of the other party 3. If any term of the Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in force and effect and shall not be affected. 4. This contract is the sole and exclusive agreement of the School and the Agency conceming the use of health care facilities, and this contract states the rights, duties, and obligations of each party to the other as of the date of this Agreement. Any prior agreements, promises, or negotiations not expressly set forth in the Agreement are of no force or effect. 5. Term of this Agreement shall be from the date on which it is mutually entered into by the School and the Agency, and will expire on May 1, 2015 unless terminated earlier for cause by either party with thirty (30) days prior wTitten notice of the intention to do so. Thereafter, it may be renewed on a bi-annual basis. 6. This agreement shall be govemed by and construed in accordance with the laws of the State of Califomia. Any action or proceeding arising in connection with this Agreement shall be tried and litigated exclusively in the Superior Court of Califomia, County of San Diego, North County Judicial District. IN WITNESS WHEREOF, we have executed this Affiliation Agreement On: SCHOOL: EMSTA College ' Date Rick Foehr, MICP, BA President/Director AGENCY: Date Date CARLSBAD FIRE DEPARTMENT Mike Davis Fire Chief Legal Counsel \