HomeMy WebLinkAboutPalomar Community College District; 2010-06-17;AGREEMENT
BETWEEN
PALOMAR COMMUNITY COLLEGE DISTRICT
AND
CITY OF CARLSBAD
THIS AGREEMENT made and entered into this 17th day of June 2010 by the Palomar
Community College District, a public entity, hereinafter referred to as the "DISTRICT" and CITY OF
CARLSBAD, hereinafter referred to as the "EMT-P SERVICE PROVIDER".
I. BASIC AND PURPOSE OF THE AGREEMENT
WITNESSETH:
WHEREAS, the DISTRICT and EMT-P SERVICE PROVIDER acknowledge a public
obligation to contribute to the education of paramedics for the benefit of the students and for
community needs; and
WHEREAS, the DISTRICT has established a program for training paramedics that requires
the educational facilities of the EMT-P SERVICE PROVIDER in field practice; and
WHEREAS, the EMT-P SERVICE PROVIDER owns and operates the City of Carlsbad
Fire Department, 2560 Orion Way, Carlsbad, CA 92008, and having field facilities suitable for
the educational needs of the DISTRICT paramedic program; and
WHEREAS, it is to the mutual benefit of both the DISTRICT and EMT-P SERVICE
PROVIDER that students have opportunities for field education as students and future practitioners;
and.
NOW, THEREFORE, the DISTRICT and the EMT-P SERVICE PROVIDER mutually
agree as follows:
H. RESPONSIBILITIES AND PRIVILEGES OF THE DISTRICT
FOR THE PROGRAM IN GENERAL
A. The DISTRICT assumes full responsibility for offering an educational program eligible for
accreditation by the State Department of Education and the San Diego County Division of
Emergency Medical Services.
B. The DISTRICT will provide the same quality of educational program in the paramedic
program as it does in all other curriculum offerings at the DISTRICT.
C. The word "faculty" as used herein means the DISTRICT faculty engaged in teaching in the
DISTRICT paramedic program. The words "student" or "students" as used herein means
students of the DISTRICT who are enrolled in the DISTRICT paramedic program.
D. The DISTRICT will select and train preceptors in cooperation with the EMT-P SERVICE
PROVIDER staff.
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CLINICAL INSTRUCTION
A. The DISTRICT will provide the necessary faculty to plan and coordinate the field
experience for paramedic students. Said faculty will assume responsibility for monitoring
EMT-P students while assigned to the EMT-P SERVICE PROVIDER.
B. The DISTRICT will develop a plan for using the EMT-P SERVICE PROVIDER'S facilities
to meet the educational goals of the curriculum. This plan will include a list of the number
of hours involved and shall be made available to the EMT-P SERVICE PROVIDER at a
mutually agreed upon time prior to the beginning of the school term and subject to revision
by the EMT-P SERVICE PROVIDER in instances where conflicts with the EMT-P
SERVICE PROVIDER seem to exist.
C. The DISTRICT will assume responsibility for determining the final evaluation grade relative
to the student's performance after consultation with student's file preceptor.
D. The faculty will be responsible for learning and observing the policies and regulations of
both DISTRICT and EMT-P SERVICE PROVIDER as they apply to the circumstances of
the field teaching.
E. The DISTRICT is responsible to assure that students assigned to the EMT-P SERVICE
PROVIDER for field internship meet both DISTRICT and EMT-P SERVICE PROVIDER
standards of health and have the academic ability to profit from the experience.
F. The DISTRICT will require that all instructors and students during assignment to the EMT-P
SERVICE PROVIDER comply with the same administrative policies as the employees in
matters relating to the welfare of the patient.
DISTRICT PRIVILEGES
A. The DISTRICT has the privilege of regularly scheduled meetings with EMT-P SERVICE
PROVIDER staff and administrative level representatives for the purpose of interpreting,
discussing and evaluating this educational program for training paramedics.
HI. RESPONSIBILITIES AND PRIVILEGES OF THE EMT-P SERVICE PROVIDER
GENERAL RESPONSIBILITIES
A. The EMT-P SERVICE PROVIDER will maintain the standards which made it eligible for
approval as a field area for instruction in an accredited paramedic program; provided,
however, the EMT-P SERVICE PROVIDER shall not be obligated to establish, maintain or
continue any facilities or services that the EMT-P SERVICE PROVIDER, in its sole
discretion, does not wish to establish, maintain or continue.
B. The EMT-P SERVICE PROVIDER will permit the faculty and students of the DISTRICT to
use its patient care and patient service facilities for field education in accordance with
policies, procedures and protocols of the San Diego County Division of Emergency Medical
Services.
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C. The EMT-P SERVICE PROVIDER will accept for field internship EMT-P students in a
number mutually agreed upon by the DISTRICT and EMT-P SERVICE PROVIDER.
FACILITIES AND SUPPLIES
A. The EMT-P SERVICE PROVIDER will permit the educational use of such supplies and
equipment as are commonly available for patient care.
B. The EMT-P SERVICE PROVIDER will provide access to sources of information for
educational purposes, subject to the EMT-P SERVICE PROVIDER'S right to protect the
privacy of the patient.
Examples:
1. Procedure guides, policy manuals.
2. Standard field references such as medical dictionary, diagnostic texts; pharmacology
references, standard references suitable to the field area and care program.
STAFF PARTICIPATION IN EDUCATION
A. The EMT-P SERVICE PROVIDER will recommend staff to function as preceptors for
paramedic students during the field internship. The ratio of preceptors to students shall not
exceed one to one.
B. Preceptors will attend a training session for the purpose of orienting them to the educational
program and evaluation procedures.
C. Preceptors will assist with the education and evaluation of paramedic students during the
EMT-P SERVICE PROVIDER field internship.
D. Preceptors will remain employees of the EMT-P SERVICE PROVIDER and will not be
considered employees of the DISTRICT.
EMT-P SERVICE PROVIDER PRIVILEGES
A. The EMT-P SERVICE PROVIDER may refuse educational access to its field areas or
records to any DISTRICT faculty or students who do not meet the EMT-P SERVICE
PROVIDER'S standards.
B. The EMT-P SERVICE PROVIDER may resolve any problem situation in favor of the
patient's welfare and may restrict the student involved.
STATUS OF STUDENTS
A. Students will have the status of learners and will not replace EMT-P SERVICE PROVIDER
staff nor give service to patients apart from its educational value.
B. Students are subject to the authority, policies and regulations of the DISTRICT. They are
also subject, during field assignment and while in the EMT-P SERVICE PROVIDER, to the
authority, policies and regulations of the EMT-P SERVICE PROVIDER.
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C. Students will wear the designated uniform in field areas.
IV. LIABILITY STATUS OF CONTRACTING AGENCIES
A. The DISTRICT shall carry professional liability insurance (malpractice) covering students of
the DISTRICT during assignment with EMT-P SERVICE PROVIDER.
B. The DISTRICT shall carry commercial general liability insurance covering DISTRICT and
faculty members of the DISTRICT during assignment with the EMT-P SERVICE
PROVIDER.
C. The DISTRICT shall carry Workers' Compensation Insurance covering its faculty and
students while at the EMT-P SERVICE PROVIDER (pursuant to California Labor Code
Section 3368).
D. Upon execution of this Agreement between the respective parties the DISTRICT shall
provide EMT-P SERVICE PROVIDER with certificates of insurance evidencing coverage,
which shall name EMT-P SERVICE PROVIDER as an additional insured.
E. DISTRICT shall defend, indemnify and hold EMT-P SERVICE PROVIDER, its elected
officials, officers, employees and agents harmless from and against any and all liability, loss,
expense (including reasonable attorneys' fees), or claims for injury or damages arising out of
the performance of this Agreement but only in proportion to and to the extent such liability,
expense, attorneys' fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of DISTRICT, its officers, agents, students, or
employees.
F. EMT-P SERVICE PROVIDER shall defend, indemnify and hold DISTRICT, its officers,
employees and agents harmless from and against any and all liability, loss, expense
(including reasonable attorneys' fees), or claims for injury or damages arising out of the
performance of this Agreement but only in proportion to and to the extent such liability,
expense, attorneys' fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of EMT-P SERVICE PROVIDER, its elected
officials, officers, agents, or employees.
PRIVACY
A. DISTRICT, instructors and students shall at all times maintain and respect the privacy and
confidentially of all patient information.
TfflS AGREEMENT shall be effective on July 1, 2010 and shall terminate on June 30, 2013, unless
terminated earlier for cause by either party with thirty (30) day's prior written notice. Under no
circumstances shall this contract exceed three program years. If problems arise during the tenure of this
agreement, the respective parties shall, by mutual consent, review the content and if necessary, revise the
contract as deemed appropriate.
(Remainder of Page Intentionally Left Blank)
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All notice[s] under this agreement shall be sent to:
Notice of DISTRICT'S:
Business & Contract Services
Palomar Community College District
1140 West Mission Road
San Marcos, CA 92069-1487
CHOICE OF LAW
For the EMT-P SERVICE PROVIDER'S:
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008
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.
IN WITNESS WHEREOF, the said parties have hereunto set their hands on the date first above written.
CITY OF CARLSBAD
2560 Orion Way
Carls
By: Kevin^rwfbrd, Fire Chief
Date
760-931-2141
Telephone # / Fax #
Linda Allingtion, EMS Coordinator
760-931-2175 lalli@ci.carlsbad.ca.us
Telephone # / Email address
ATTESTED:
LORRAINE WOOD, City Clerk
Approved i
PALOMAR COMMUNITY COLLEGE DISTRICT
1140 West Mission Road
San Marcos, CA 92069
By: Kenneth Jay, Director_of_Bi»iness & Contract
Services
Date
Assistant City Attorney
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