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HomeMy WebLinkAbout1990-01-09; City Council; 10439; AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SOUTHWESTERN COLLEGE FOR PARAMEDIC TRAININGAB#- MTG. 01/09/90 DEPT. FIR DEPT. HE CITY ATTY CITY MGR, Tm* AGREEMENT BETWEEN THE CITY OF t * CARLSaAD AND SOUTHWESTERN COLLEGE FOR PARAMEDIC TRAINING f * e 0 GG b 9 2 .. z G b a g z 3 0 0 c CIWOF CARLSBAD - AGENWBILL - /" F RECOMMENDED ACTION: Council adopt Resolution No. 7d-A paramedic instruction. ITEM EXPLANATION: Southwestern College has established a paramedic training program tl requires field internship. During the field internship phase, the trainee placed with a aramedic who has been trained and approved by the College This agreement will enable selected paramedics of the City of Carlsbad F Department to participate in the program as field evaluators and instruct0 The agreement is similar to a current agreement with University Hospital a the Governing Board of Palomar College. FISCAL IMPAW ap roving an agreement between t City of Carlsbad and the Governing Board o P Southwestern College to provide the purpose o P providing training and evaluation of the trainee. No direct cost to the City. EXHIBITS: 1. Resolution No. 78-2 approving agreement 2. 3. 4. Training costs for future paramedics may reduced through community college training programs. Agreement between Governing Board of Southwestern College and City Carlsbad Certificate of Insurance for City of Carlsbad Declaration of Insurance for Southwestern College I t f 1 2 3 4 5 6 7 a 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m RESOLUTION NO, 90-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OE CARLSBAD AND THE GOVERNING BOARD OF SOUTHWESTE COLLEGE TO PROVIDE PARAMEDIC INSTRUCTION The City Council of the City of Carlsbad, California does hereby resol. as follows: 1. That certain agreement between the City of Carlsbad and the Governing Board of Southwestern College for paramedic instruction, attached hereto as Exhibit A, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbal PASSED, APPROVED, AND ADOPTED at a regular meeting of the CiQ Council of the City of Carlsbad, California held on the 2nd day of January % 1990 by the following vote, to wit: Am: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ) CLAUDE A. LEWS, Mayor i GExf ‘ut- Km L. F&UTENKRANZ, City Clekk [SEAL) q 0 AGREEMENT BETWEEN e I f SOUTHWESTERN COMMUNITY COLLEGE ThE CITY OF CARLSBAD, CALIFORNIA TO PROVIDE FOR THE USE OF AND CLINICAL FACILITIES THIS AGREEMENT made and entered into this 01 day of iUNU!-U,, 19 ,2!L by and between the Governing Board of Southwestern College, agents for Southwestern College, hereinafter called the College, and CITY OF SERVICE PROVIDER, do hereby agree as follows: BASIS AND PURPOSE OF THE AGREEMENT: WITNESSETH : CARLSBA D , California, hereinafter called the EMT-P WHEREAS, the COLLEGE is hereby authorized to enter into this agreement as permitted by the California Education Code Section 78240, WHEREAS, the COLLEGE and EMT-P SERVICE PROVIDER acknowledge a public obligation to contribute to the education of paramedics for the benefit o the students and for community needs, WHEREAS, the COLLEGE has established a program for traininq paramedics that requires the educational facilities of the EMT-P SERVICE PROVIDER in field practice, WHEREAS, the EMT-P SERVICE PROVIDER has field facilities suitable for t educational needs of the College paramedic program, WHEREAS, it iS to the mutual benefit of both the COLLEGE and EMT-P SERV PROVIDER that students have opportunities for field service educatfon as students and future practitioners, NOW, THEREFORE, the COLLEGE and the EMT-P SERVICE PROVIDER mutually agr as follows: I. RESPONSIBILITXES A ND PRIVILEGES OF THE COLLEGE A. For the Procrram f n General: 1. The COLLEGE assumes full responsibility for offering an educatic program eligible for accreditation by the State Department of Education and the San Diego County Division of Emergency Medica Services. 2. The COLLEGE will provide the same quality of education in the pi program as it does in all other curriculum offerings at the COLI 3. The word ltfacultyll as used herein means the COLLEGE faculty eng; teaching in the COLLEGE Paramedic Program. The words "student" "students" as used herein means students of the COLLEGE who are enrolled in the COLLEGE Paramedic Program. 4. The COLLEGE will select and train preceptors in cooperation wit field Service Providers. 1 I 0 B. Clinical Instructi ODs- 1. The COLLEGE will provide the necessary faculty to plan and coordi the field experience for paramedic students. Said faculty will a responsibility for monitoring EMT-P students while assigned to th EMT-P SERVICE PROVIDER, 2. The COLLEGE will develop a plan for using the EMT-P SERVICE PROVI will include a list of the number of students to be assigned, the and number of hours involved and shall be made available to the E SERVICE PROVIDER at a mutually-agreed-upon time prior to the begi of the school term and subject to revision by the EMT-P SERVICE PROVIDER in instances where conflicts with the EMT-P SERVICE PROT seem to exist. facilities to meet the educational goals of the curriculum, This 3. The COLLEGE will assume responsibility for determining the final evaluative grade relative to the students' performance after consultation with students' field preceptor. 4. The faculty will be responsible for learning and observing the policies and regulations of both COLLEGE and EMT-P SERVICE PROVII as they apply to the circumstances of the field teaching. 5. The COLLEGE is responsible to assure the students assigned to thl EMT-P SERVICE PROVIDER for field internship meet both COLLEGE an( EMT-P SERVICE PROVIDER standards for health and have the academic ability to profit from the experience. 6. The COLLEGE will require that all instructors and students durin 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. C. Collese Privileses: 1. The COLLEGE has the privilege of regularly scheduled meetings wi the EMT-P SERVICE PROVIDER staff and administrative level repre- sentatives for the purpose of interpreting, discussing, and eval uating this educational program for training paramedics. 11. RESPONSIBXLITES AND PRI VILEG ES OF THE EMT-P SERVICE PROVIDER, A. Gen era1 ResDonsibllltles: 1. The EMT-P SERVICE PROVIDER will maintain the standards which ma eligible for approval as a field area for instruction in an acc paramedic program provided, however, the EMT-P SERVICE PROVIDEfi not be obligated to establish, maintain or continue any facilit services that the EMT-P SERVICE PROVIDER, in its sole discretic not wish to establish, maintain or continue. 2. The EMT-P SERVICE PROVIDER will permit the faculty and student2 the COLLEGE to use its patient care and patient service facillt field education in accordance with Policies, Procedures and Prc of the San Diego County Division of Emergency Medical Services. 1 t e m 3. The EMT-P SERVICE PROVIDER will accept for field lnternship EMT-E students in a number mutually agreed upon by the COLLEGE and EMT-P SERVICE PROVIDER. 8, WIlitles and S!&gl&a 1. The EMT-P SERVICE PROVIDER will permit the educational use Of SUC supplies and equipment as are commonly available for patient car4 2. The EMT-P SERVICE PROVIDER will provide access to sources of infc mation for educational purposes, subject to the EMT-P SERVICE PROVIDER'S right to protect the privacy of the patient: (Examples:) a. Procedures guides, policy manuals b. Standard field references such as Medical Dictionary, Diaqnos Texts, pharmacology references, and standard references suita to the field area and care program. C. Staff ParticiDation in Ed ucat ion : 1, 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. 2. Preceptors will attend a training session for the purpose of orienting them to the educational program and evaluation procedu 3. Preceptors will assist with the education and evaluation of paramedic students during the field intership. will not be considered employees of the COLLEGE. 4. Preceptors will remain employees of the EMT-P SERVICE PROVIDER a D. EMT - P Service Provi der PrLvil eaes : 1. The EMT-P SERVICE PROVIDER many refuse educational access to its field areas or records to any College faculty or students who da not meet the EMT-P SERVICE PROVIDER'S standards. 2. The EMT-P SERVICE PROVIDER may resolve any problem situation in favor of the patient's welfare and may restrict the student invc 3. Student will wear the designated costume in field areas. E. Status af St udents: I, Ejtudeiits will have the status of learners and wlll not replace EMT-P SERVICE PROVIDER staff nor give service to patients apart from its educational value. 2. Students are subject to the authority, policies and regulations the College. They are also subject, during field assignment anc while with the EMT-P SERVICE PROVIDER, to the authority, pollcic and regulations of the EMT-P SERVICE PROVIDER. 3. Students will wear the designated costume In field areas, 0 m 7 f F. biabili tv Stat us of Contractins Asencies: 1. The EMT-P SERVICE PROVIDER shall carry its usual comprehensive liability policy covering its officers, agents and employees. 2. The COLLEGE shall carry professional liability insurance (mal- practice) covering students of the COLLEGE during assignment wi EMT-P FIELD SERVICE PROVIDER. 3. The COLLEGE shall carry public liability insurance covering fac members of the COLLEGE during assignment with the EMT-P SERVICE PROVIDER. 4. The COLLEGE shall carry workers' compensation insurance cover: its faculty and students while with the EMT-P SERVICE PROVIDER of COLLEGE'S students or instructors during the field lnternshl EMT-P SERVICE PROVIDER shall indemnify and hold harmless the C( from and against any and all liability arising from any negligt act of EMT-P SERVICE PROVIDER, its officers, agents or employec and against any and all liability arising from any negligent ar G. Duration o f the Contra ct: 1. This AGREEMENT is for a period of time not to exceed three yea but may be terminated at close of any school year by serving nc in writing of the intention to do so by either party. 2. This contract shall be reviewed annually by the administrative of COLLEGE and EMT-P SERVICE PROVIDER. AND IT IS FURTHER AGREED: 1. Neither the COLLEGE nor the EMT-P SERVICE PROVIDER shall discriminate against any student or employee on the basis of race, color, national origin, sex, marital status, parental status, or handicap in employmeri practices or on-the-job training experiences, 2. If any party to this agreement resorts to a legal action or arbitratio enforce any provision of this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any othe relief to which the party may be entitled. This provision applies to entire AGREEMENT. 3. Any modification of this contract must be mutually agreed upon, writtf supported by consideration and must not delete any of the elements essential to the validity of the original AGREEMENT. 4. This AGREEMENT may not be assigned by either party without the prior written consent of the other party, 5. If any term of this AGREEMENT Is held by a court of competent jurisdic to be void or unenforceable, the remainder of the contract terms shall remain in force and effect and shall not be affected. j 1 1 e 0 , 6. This contract is the sole and exclusive AGREEMENT of the Trustees of the Southwestern Community College District and the CITY OF CARLSBAD concerning the use of health care facilities, coritract correctly states the rights, duties, and obligations of each pa to the other as of JANUARY 01 1990 e Any prior agreement . promises, or negotiations not expressly set forth in this contract are c no force or effect. 7. Any controversy between the parties regarding the construction or application of this contract, and any claim arising out of this contract or its breach, shall be submitted to arbitration to and in accordance with the rules of the American Arbitration Association, upon the writter request of one party after the service of that request on the other par IN WITNESS WHEREOF, the said parties have hereunto set their hands on the date first above written. COLLEGE : BOARD OF TRUSTEES, governing body of the SOUTHWESTERN COMMUNITY COLLEGE DISTRICT DATE ADMINISTRATOR TITLE APPROVED BY THE GOVERNING BOARD: DATE AGENCY : CITY OF CARLSBAD - DATE BY: CLAUDE A. LEWIS MAYOR TITLE 1 CERTIFICATE OF INSURANCE This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This is to certify that the CITY OF CARLSBAD is self-insured for all liability coverages and permissively self-insured for Worker's Compensation coverages. Funds are available for payment of claims for damages. Claims City Clerk, Carlsbad City Hall, 1200 Elm Avenue, Carlsbad, California, 92008, as set forth in California Government Code sections 900 et. seq. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, payments for Claims for Damages, including defense and indemnity, may be restricted by law. Subject Matter of this Certificate: Date Issued: December 6, 1989 Issued to: Governing Board of Southwestern College, 900 Otay Lakes Road, Chula Vista, CA 92010 for Damages against the City of Carlsbad may be filed with the Paramedic Training Issued By; CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 By : f Risk Manager _________ -___~ 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2807 5 SPECIFIED MEDICAL PROFESSIONS LIABILITY INSURANCE POLICY PURCHASING GROUP POLICY NUMBER 44 - 2010129 CERTIFICATE NUMBER A General Liability ...... C. Professional Liability ........... B Non-Owned Automobile Liability . 0 TOTAL ADVANCE PREMIUM: CHICAGO INSURANCE COMPANY CHICAGO, ILLINOIS REPRESENTATIVE: Agent or Broker . FLP-2007 16/88) F . RALRISKRETENTIONAg NATIONW "F DE AMENDATORY ENDORSEMENT 1 ? The following terms are hereby added to the policy and supersede any similar terms which may be contained therein. I. The CANCELLATlON provision of the policy is deleted in its entirety and replaced by: CANCELLATIONINON-RENEWAL. This insurance may be cancelled on the customary short rate basis by the authorized representative. This insurance may also be cancelled, with or without the return or tender of thc unearned premium, by the Company, or by its authorized representative on its behalf, by sending to the Named Insured, by registered or certified mail, at his address last known to the Company or its authorizec agent, not less than ninety (90) days written notice stating when the cancellation shall be effective, and ir such case the company shall refund the paid premium less the earned portion thereof on demand, subjec always to the retention by the Company of any minimum premium stipulated herein (or proportion thereo previously agreed upon) in the event of cancellation either by the Company or the Named insured. In cast of non-payment of premium only fifteen (15) days written notice of cancellation must be given by thc Company. Cancellation by the Company shall only be effective if based on one or more of the following reasons: Named Insured at any time by written notice or by surrender of this insurance to the Company or it! A. Nonpayment of premium; 6. The policy was obtained through a material misrepresentation; C. Violation of any of the terms and conditions of the policy; D. The risk originally accepted has measurably increased; or insured. E. Loss by the Company of reinsurance which provided coverage for all or a substantial part of the rid The Company will renew this policy unless written Notice of the Company's intent not to renew is mailed tc the Named insured at the last mailing address known to the Company. Such Notice shall be mailed not les than 60 days before the policy expires. The mailing of Notice as aforesaid shall be sufficient proof of Notice. In the event that the policy contains other terms relating to cancellation or nonrenewal, such terms ar( amended to agree with the above. II. The OTHER INSURANCE clause of the policy is deleted in its entirety and replaced by: OTHER INSURANCE. If there is other valid insurance (whether primary, excess, contingent or self-insurance which may apply against a loss or claim covered by this policy, the insurance provided hereunder shall b( deemed excess insurance over and above the applicable limit of all other insurance or self-insurance. When this insurance is excess, the Company shall have no duty under this policy to defend any claim or sui that any other insurer or self-insurer has a duty to defend. If such other insurer or self-insurer refuses ti defend such claim or suit, the Company shall be entitled to the insured's rights against all such other insurer or self-insurers for any defense costs incurred by the Company. When both this insurance and other insurance or self-insurance apply to the loss on the same basts, whethe primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion c the loss or defense costs than the applicable limit of liability under this policy for such loss bears to the toti applicable limit of liability of all valid and collectible insurance against such loss. Subject to the foregoing, I a loss occurs involving two or more policies, each of which provides that its insurance shall be excess, eac will contribute pro rata. Ill. The CHANGES provision of the policy is deleted in its entirety and replaced by: CHANGES. The terms of this policy shall not be waived or changed, except by endorsement issued to form part of this policy. IV. If a WARRANTY clause is contained in the GENERAL CONDITlONS or CONDITlONS section of your policy, it deleted in its entirety. ~~~-2022 ((a/ag)-2) V: In the event an EXTENDED R RTlNG PERIOD or MXOVERY PER100 cl is contained in this policy: I 9 * r A. in the case of cancellation or non-renewal of this policy by the Named Insured or the Company fc any reason other than flat cancellation by the Company effective at policy inception for nor B. in the case of advancing a retroactive or prior acts date from one previously applied by the Company the Named Insured shall have the right, subject to the other terms and conditions of this policy, or an endorsement attached thereto, to have an endorsement issued extending the time during which claims ca be reported. This right shall terminate sixty (60) days after the effective date of such action as is indicated i subparagraphs A or B above unless written notice of such election, together with the additional premium, received by the Company or its authorized agent from the Named Insured within that sixty (60) day period. payment of premium; or VI. In the event that the policy contains an exclusion of pollution or of pollutants, that exclusion shall be delete This policy shall not apply to any claim, action, judgment, liability, settlement. loss, defense, cost, ( expense in anyway arising out of actual, alleged, or threatened pollution, contamination, or ar environmental impairment resulting from seepage, discharge, dispersal, release, or escape of any solic liquid, gaseous, or radioactive matter including, but not limited to, smoke, vapors, soots, fumes, acid alkalis, chemicals, or toxic matter; or waste material (including materials to be recycled, reconditionei or reclaimed); or oil or other petroleum substances or derivatives (including any oil refuse or oil mixe with waste), or thermal or vibratory effect including, but not limited to, sound or noise, or heat or coli table supplies, whether such results directly, indirectly, or in concurrence or in any sequence from tt insured's activities or the activities of others and whether or not such is sudden, gradual, accidenta intended, forseeable, expected, fortuitous, or inevitable and wherever or however such occurs. But this exclusion shall not aply to bodily injury or property damage caused by heat, smoke, or fumc from a 'hostile fire' unless such fire involves: A. materials which are or were at any time used for the handling, storage, disposal, processing ( treatment of waste; or 6. any premises, site, or location: 1. which is or was at any time used for the handling, storage, disposal, processing ( treatment of waste; or 2. on which any imured or contractors or subcontractors working directly or indirectly c any insured's behalf are performing operations to test for, monitor, cleanup, remov contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects o pollutants. As used in this endorsement, 'hostile fire' means one which becomes uncontrollable or breaks out fro1 where it was intended to be. In its entirety and replaced by the following: into or upon land, the atmosphere, or any water course or body of water, underground water or watt V11. To the extent coverage for punitive or exemplary damages are 1imited.by this policy, if a suit is brougl against the insured with respect to a claim for alleged acts or omissions falling within the scope of coverac afforded by this policy seeking both compensatory and punitive or exemplary damages, then the Compar will afford a defense to such action, without liability, however, for payment of such punitive or exempla dam ages. VIII. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of i obligations hereunder. IX. The last paragraph of the policy, that paragraph which immediately preceeds the signatures of the preside and secretary of the Company, is amended to read: IN WITNESS WHEREOF, the Company has caused this policy to be signed by its president and secretary. -39- - k&IX&$- PLE-2022 ((4/89>2) *< ----I_.- -.- - __. .. .....__ . . _...._.___._____ .__.__ __._.__._____.-_ __ ___-___- --- .--_--.-I_ ___I__I_- ___ c 0 P1 5 u r\/\ 1: I\ I /'d 1'0 I\ /VI A'1.I 0 N 1.1 Ol'l 1'1 CA']'! 0 1\1 /!I [!IC i'vc/tl ),(JI] riv~d (0 (Orr(,]([ jo,IIc(jrIc ;jbuu( (/I;$ /)~/;(y /IJ/'J/I)~/'L?~JJU/~ /J/CJJ@ (Url(Jc( )'our' JYp"( J( lilt ju'dlc;, $/,o,...,l ,',, [lie ~~:</;,,;,(;o/jj u\ yovr ,ju/;(y, r(Jsov /IJI'C J~(/;[;o(~J/ qucj(;~ft~* )'OW /r'Jl' CU~'(JC' ('I' irlJUrJ/liC ((J/tl/).)/~j' rj;iiiiiy (/fij /)L>fi(), J( ({IC ~fJf/yivifry J(/~/~JJ Jlld [Cfc\)~lOlle ~lU~1ibt~~~ 1'1 IO 1: c s s IO [\I D. 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U(gWJlJfI()'lUfld COvCcJgC,, . .a :.. .. . ~IIIi:~,'. . ' 1,) ..: .\' ---.------ -__________ ~. .---=: --- ---- A I I 0 0 STUDENT BLANKET ENDORSEMENT lNClUDING FACULTY MEMBERS AS ADDITIONAL INSUREDS In consideration of the Premium charged, it is hereby understood and agreed that: 1. Section II PERSONS INSURED of the Policy is deleted in its entirety and replaced by: PERSONS INSURED: Each of the following is an insured under this insurance, to the extent set forth below: A. Students of the programs specified in the application on file with and approved by the Company, t only while said students are participating in activities which are a part of and a requirement of t students' curriculum at the school or university specified in Item 1 NAMED INSURED of t DECLARATIONS, and 8. Faculty Members of the school or university specified in Item 1 NAMED INSURED of . DECLARATIONS, but solely as respects claims arising out of the supervision/instruction of the stude insured under the provisions of the policy. In no event shall any coverage be afforded under this policy to the school or university specified in Iter NAMED INSURED of the DECLARATIONS. 2. Section IX. CONDITIONS of this policy is amended by the addition of the following: M. AUTHORIZATION. By acceptance of this policy, the NAMED INSURED specified on the DECLARATIC agrees to act on behalf of all other insureds with respect to the giving and receiving of all notice: the Company required herein and the receiving of any return premiums that may become due un this policy and the insureds agree that the NAMED INSURED shall so act on their behalf. For purposes of this section, all such notifications shall be addressed to the individual specifiec Question #1 of the application as the "Person To Contact At School" or their replacement, if any. 3. Sub-section A. of Section V. EXCLUSIONS of this policy is amended by the addition of the following: 13. To students engaged in programs to become physicians, surgeons, dentists, chiropractors, osteope nurse anesthetists, nurse practitioners, nurse midwives, babysitters, radiation therapy technoloc (radiation oncology technologists), or any other student specialities not specified in the applicatior file with the Company unless specifically added by endorsement subsequent to policy issuance. -7s- A-&so$L - socmmw PIE-2019 (alas) 1 9 e e LI MlTS 0 F LIABILITY EN DORSEM ENT In consideration of the payment of additional premium, it is hereby understood and agreed that IV. Limits of Liability is deleted and replaced by: IV. Limits of Liability a. Each Medical Incident: Regardless of the number of insureds under this policy, the persons or organizations who sustain injury or the number of coverages purchased, the liability of the company for all damages to which this insurance applies as a result of "each Medical Incident" shall not exceed $1,000,000. Claims based on or arising out of the same or related occurrences, incidents, advertising injuries and/or personal injuries shall be considered one claim and subject to the limits of liability for "each Medical Incident". b. Policy Aggregate: Subject to the foregoing, regardless of the number of: (1) insureds under this policy; (2) persons or organizations who sustain bodily injury, property damage, advertising andlor personal injury: (3) claims made or suits brought; (4) coverages which may apply; and/or (5) the number of occurrences, medical incidents, advertising injuries or personal injuries which occur during the policy period, the total liability of the company for all damages to which this insurance applies shall not exceed $3,000,000. Sbcrshry /&&dJw$L Prssldont 1. PLE-2003 (1188) 1 SJ e ea-" ' d-as- - c!! o-e,2) I. JOIhT EXERCISE OF PCWERS AGREEMENT AMONG SPECIFIED PUBLIC EDUCATIONAL AGENCIES FOR THE MANAGEMENT, OPERATION , AND MAINTENANCE OF A SELF-INSURANCE PROGRAM FOR LIABILfTY AND PROPERTY Pursuant totheprovisions of Title I, Division 7, Chapter 5, Article 1 of the Governmerit Code of the State of California (commencing with Section 6500 thereof) relating to the joint exercise of common powers, this Agree- ment is entered into among those public educational agencies which are or may hereafter become parties to this Agreement for the purposes set out herein. - ,. WITNESSETH --_------_ WHEREAS, the public interest requires and it is to the mutual benefit of the parties hereto LO join together to establish and operate a coopera- tive program of self-insurance and risk management for Liability and Property, and WHEREAS, the operation of such a cooperative program is of such magnitude that it is necessary for the parties to this Agreement to join together to accomplish the purposes hereinafter set forth, and WHEREAS, each of the public educational agencies which is a party to this Agreement has the power to establish, manage, operate and maintain a progrm. of self-insurance for Liability and Property, and WHEmAS, TjtZe 1, Division 7, Chapter 5, of the California Govern- ment Code authorizes the joint exercise by two or more public agencies of any power wFich is common to each of them: NCW TBEXEFORE, for and in consideration of the mutual advantages to be derived therefron and in consideration of the 'xecution of this Aqreener.2 by other piiblic edilcational agencies, each of the parties heretci dces agree as follows: 1. DEFINITIONS Unless otherwise stated herein, the following words shall have the meanings skated: a. "Claim" means a Liability and Property claim against a party to this Agreement; "County Superintendent11 means the county Superintendent of ScLools of San Diego County, California; "Fiscal year" means the period of time commencing on July 1 and ending Jue 30; b. c. . h 0' 0 I* I d. "Pafty" means a public educational agency which is a party to this Agreement; e. "Public educational agencies" means any school district, comgu- ni<ty'college district, cowty board of education/county superin- tendent of schools. rrFund" means a sum of noney established for the purpose of carrying out this Agreement- f. 2. PUWOSE The purpose of this Agreement is to establish, operate, and maintain a program of self-jnsurance for Liability and Prop?:rr:y, the function of said prograii being within the power comn to each of the parties to this Agreement. 3. LEiu.INISTFATIC:' 01 PROGRAM A. Administrator. The administrator of this Agreement shall be the County Superintendent. B. Admicistration. The County Superintendent shall perform the following services: 1. Pmvide for the payments of liability and property in accordance with &&is Agreement; Recommend co the Plezrher Representative Council the yearly contribution: an& the loss res2rves of the parties--hereto; Pfi:ncain a strict accountability of all funds and report of all receiprs and disbiirsements; - .-. - - - . .- -- -. 2. - ._ - -__ .-- _---- 3. 4. Perfon:. other services related to the above. C. Administration. The County Superintendent shall contract for the foilocc.in9 services : 1. C:oni:racr for excess liability and property insurance limits =Lor amcmnts abovs the SIR deductible established on each of the parties hereto and maintain the same in effect at all times: 2. Zontracc or otherwise provide for legal representation in defense of claii~s; 3. Contract annually wit?\ independent Certified public Accountant for sueie of the Llzbllity and Property Self-Insurance Fund and provide for periodic claims audit. All said audits to be dis- trsbcted to all parties. -2 - e 0 *. I D. Administration. The County Superintendent shall, either directly or by contract. perform the following services: 1. Prepare and maintain claim files and other records and cause the same to be rekained; 2. Direct investigation of claims; 3. Pzovide information in defense of claims; 4; - _._ - ~ ___ - __- __--- -.------ ------- --- -. Recommend to districts the allowance, compromise, settlement or rejection of claims; Prepare all notices and reports and othervi?& prepare all matters necessary to comply with the provisions of state law and other legal directives; Compute the lcs,s reserves and the annual contributions of the parties hereto; 5. 6. 7. Make recommendations on programs of loss prevention, conduct lass causal analysis performance analysis and inspection services, inclading the preparation of such statistics as are appropriate to evaluate the overall performance of the progrant, and of the individual parties hereto; Prepare an operating manual and handbook of procedures to be followed by each of the parties hereto in implementing this program of self-insurance; 8. 9. Perforxar.:e of services related to the above. E. AdTinistration. Except as otherwise provided in this Agreement, the County Superintendent in administering this Agreement shall have the authority tG make and er.ter into contracts, employ agents and employees, acquire, hold and dispose of real and personal props2.- -J, incur all debts, liabilities or obiigations as is necessary to administer and carry out the purposes of this Agreement. 4. rTXY or’ AGREErnNT This Agreement shall continue in effect until it is rescinded by --I--.-_ natu&L ccsnssnt of the parties or teninated as herein provided. 5. PARTIES TO THIS AGREEMENT A. Eligibility. Public educational agencies within California may become parties 20 chis Agreement as hereinafter provided. 3. Initial Parties. Those public educational agencies who authorized z?.e participzrion in this Agrecnent before July 1, 1981, and who execute this kgreemenc on or before July 6, 1981,shall be the initial parties hereto. A counte:.-art original copy of this Joint Powers Agreement shall be file6 wi-’-? the Councy Superintendent, and the initial parties’partici- parioc snafl be berned effective on July I, 1981. -3- .. * 0 I C. Other Parties. After this Joint Powers Agreement becomes effective for all purposes, public educational agencies may become parties to this Agree- ment upon application to the County Superintendent, the submission to the parties of the Member Representative Council recommendations (see Paragraph 12 (GI below) , and the affinrbative te of two-thirds of the current parties 31hose votes have been filed with the Coun Superintendent within the deadline specified by the County Superintendent, provided the prospective party accepts the financial arrangement and contributors specified by the current parties to this Agreement. shall execute a counterpart original copy of this Join unless otherwise proviG? upon the filing of the same dent, said new party's-participation shall become effective for all purposes at the beginning of the ensuing fiscal year. Any new party ers Agrement and the County Superinten- D. Succzssors. Should a party to this Agreement reorganize in accordance -*--i__ with state law, the successor or successors in interest to such party may be substituted as a party or parties to this Agreement, and such substitution shall become effective upon the filing with the County Superintendent of an assignment by such party to its successor or successors in interest of all of said party's rights and obligations hereunder, provided such assignment is fully executed by the party to this Agreement and its successor or successors. 6. FINP.NCES Each party to this Agreement shall pay to the County Superintendent each .I fiscal year an amount calculated pursuant to Paragraph 7, as the estimated yearly contribution. A. Contribution Schedule. Contributions shall be made in advance based on -- an estimzted yearly amount calculated by the County Superintendent. These mounts will be each district's prorata share of the self-funded pool and excess insurance coverage - These contributioi:s shall be due within thirty days of receipt of such due bill from the Administrator. B. - Acceleration -- of Contribution. If monies should be required earlier than provided, the Cciinty Super;-itendent may accelerate such contributions. C. 9.1zty to Contribute. Each party to this Agreement shall cause to be paid EO the County Superintedent the amounts affixed and determined in accordance with this Agreement. D. Iiandlins of Funds. The County Superintendent shall cause to be trans- ferred from the fuzcis of a party to a special fund entitled "Liability and Property Self-Iiisurance Fund" under the control of the County Superintendent the contributions called for hereunder. followiq a public educational agency becoming a party to this Agreement. All fus?ds paid by parties to this Agreement shall be held on deposit in said special fund with the Sa3 Diego County Treasurer until paid out on order of the County Sq?er:r,xndent in acwrdance with provisions of this Agreement. irzendtnz shal?. be reimbursed from said fund for all costs incurred by him as Ahiniszrazor. Such transfer shall be made immediately The County Super- -4- .. e 0 /. v > E. Additional Contributions. Should Liability ani Property claims against the parties to this Agreement exceed the total yearly contributions, then each party shall be required by the County Superintendent to contribute an additional amount based xpon the percentage of yearly contribution paid by each party relative to the total yearly contribution paid by all parties. F. Finance. Each party to this Agreement shall annually pay into the fund for the purpose Of paying insurance premiums, fees, ar.4 ucher costs, and for the purpose of establishing and maintaining the self-insurance retention fund. G. Loss Payments. Self-insured retention funds will be paid when an actual ,I' loss exceeds.the established annual threshold deductible up to a maximum of the insurance policy deductible or self-insured retention. Zr H. Initial Contribution. Contribution for the initial 1981-82 year of operation shall be not more than the 1980-81 annual premium less 10%. 7. INSUm-CE POLICIES The insuraxe ;?olicy or policies covering property shall be in the amount of the replacement value of all property of the participants. insurance shall provide €or the broadest possible coverage, and may provide deductible amounts and self-insured retentions and state mandated costs. The liability 8. WITHDRAWAL C? A PARTY A party to this Agreement may cease to be a party hereto and may withdraw as a party in the manner herein provided. A. Three Fiscal Years' Participation. No party t-s .;Ls Agreement may I_- withdraw until it has been a party for at least three (3) full fiscal years. B. Intention to Withdraw. To effect withdrawal from this Agreement, a party by its qoverning board shall adopt a resolution on intention to withdraw. C. Notice of Ictention to Withdraw. A party that intends to withdraw shall cause to be sent to the County Superintendent and to every other then party to this Agreement a true copy of the resolution of its governing board stating its inter-tion to withdraw. D. Time of Notice of Intention to Withdraw. Not later than the first day of October before t5.e close of the fiscal year, a party that intends to withdraw shall serve its iiotice of intention to withdraw upon the County Superintendent and a11 other parties to this Agreement, in the manner provided herein for the giving of such notice. E. Effective Date of Withdrawal. The effective date of a party's with- --_ drawal shall be at the end of the fiscal year in which it gave the notice of interrcicr, to wiCndraw, F. Fjhere Monies are Due from the Withdrawing Party. County Superintendent shall have the right to grant to a withdrawing party a g-mr.e period of up to three (3) years within khich to pay any monies determined to be due from the withdrawing party. -5- 0 e .. 1 '? G. Continuing Obligations of a Withdrawing Party. Parties withdrawing from the JPA may be entitked to a refund of accumulated reserves under certain con- ditions. After considering reserves for claims reported and claims incurred but not reported, the Mernher Representative Council will make a determination re- garding the Overall fiscal impact an the pool. In addition, the withdrawal of a Party from this Agreement shall not relieve such party of any obligations that such party otherwise has in connection with Liability ;WC', Property benefits or claims which arose while said withdrawn party was a p&ty to this Agreement. 9. TERqINATION OF AGEzEEMEm In the event a sufficient number of parties withdraw from participation in this Agreement, the governing bodies of the remaining parties may determine that the public interest will not be served by the continuance of this Agreement. In such event, by a two-thirds (2/3) vote of the total number of remaining parties voting in favor of termination, this Agreement shall be terminated effective at the end of the fiscal year specified by such parties at the time of voting, etc. LO. DISTRIi3UTION OF PROPERTY AND MONIES UPON TERMINATION OF THIS AGREEMENT A. Reserve ~ccount. upon any termination of this Agreement, the County Superintendent shali provide or cause to be provided a "reserve account" for the period of one year fnr the purpoee of paying all legal obligations hereunder, and to provide for an orderly transition. For the purposes of this paragraph, "obligations" shall include but not be limited to, all payments required to be paid pursuant to the Liability and Property Law, all reserves which have been established for the purpose of paying Liability and Property claims, and any other legal obligations incurred by the County Superintendent ;.*. rsuant to this Agree- ment. At the end of s;id one-year period the County Superintendent shall make no more payments in connection with Liability and Property benefits or claims which arose while this Agreement was in effect and it shall be the sole and full responsibilit17 of each party as the employer to make any such payments to its own employees. Any funds ximaining in the reserve account after the one-year transition perioc?, shall be distributed in accordance with the provisions of this paragraph 10. B. Distributable Assets. Upon any termination of this Agreement, all assets remaining after the establishment of the reserve account shall be distri- buted. to Khe then current parties to this Agreement in proportion to the cumulative psi&-in contributions less cumulative losses and administrative expenses. 11. LIP23ILITIES A. Liabiiity aAg- Property Claims and Benefits; Indemnification and Hold Harmless. Each public educacionai agency that is a party to this Agreement shall be liable for 5,s prorata share of all of the debts and liabilities of the parties hereto for Liability and Property claims and benefits arising out of injuries occurring while a public educational agency is a party to this Agreement. A party's prorota share shall be determined in the same manner as a withdrawing party's proreta slizre cf assets is determined. To achieve such purpose, each party hereby indersifies spa holds harmless the other parties for any loss, cost, or expense khat nay be irrposeZ upon such ozher party in excess of such prorata liability. The rules for interpreting indemnity agreements as set out in Civil Code Section 2778 are hereby expressly =de a party of this Agreement. -. -6- 1. 0 e b, 1 X' B. Other Debts, Liabilities and Obligations. Except as otherwise pro- vided in subparagrash A of this paragraph, the debts, liabilities and obligations incurred in the administration of this Agreement shall 'x liability or obligation- of any of the individual parties the County Superintendent as administrator of this Agreement may insure all or any part of ally liability incurred by him hereunder. shall be an an> reimbursed in t hereunder. constitute any debt I o this Agreement, and The cost of such insurance istrative expense of the County Superintendent and he shall be same manner as other administrative expenses are riembursed 12. MEMBER REPRESENTATIVE COUNCIL A Member Representative Council shall be established as herein provided for the purposes specified. A. Membership. The governing body of each party shall appoint a represen- tative and an alternate to the Member Representative Council and shall give written notice of such appointments to the County Superintendent. The sepre- sentative and the alternate shall be full-time employees of the party making the appointments. B. Ralph M. Erown Act. All meetings of the Member Representative Council, including wichoit limitation regcllar, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, (Gov. Code 85 54950, etc. seq.). Quorum. C. A quorum of die Member Representative Council shall consist of a majority of the representatives or their alternates. D. Atten6arce at Mee';;nqs. All duly appointed representatives and al- ternates shall be invited to attend all meetings of the Member Representative Council. Other staff personnel of a party or consultants of a party may also be invited by the representative or alternate to attend such meetings. E. Voting Rignts. Each party to this Agreement shall have one seat on the Member Representative Council. represe-tative shall be entitled to cast one vote for normal business condrccted by the Coacii; however, upon the request of any individual district, an issue may be considered by Council based upon the following weighted method: Memjers under 10,GOS ADA, .75; between 10,000 - 20,000 ADA, 1.0; 20,000 ADA and above, 1.5; Comcy Superintendent as Administrator, 1.0. A vote may be cast only by the duiy appointec! representacive who is personally present at the meeting or in his absence by his alternate who is personally present at the meeting. There shall he no 2rc;xy votes and no absentee voting. A party's representative or alternate J F. Premiun Contributions. The Mernber Representative Council shall detexnxne ar,nual prcnium contributions using factors including but not limited to infiz-cion, experiex-5, cost of reinsurance, level of ;IR, and level of rese-xes - G. Rzcomendations to the County superintendent. The Member Representative --I Council mzy make recommend?-cions to the County Superintendent upon majority vote of those present at a meeting at which a quorum is present. -7- @ e’ L *I H, Applications to Become Party to this Agreem@nr:, Applications Of public educational agencies ?to become parties to this Agreement shall be considered by the Member Representative Council. The Council shall recommend the financial arrangements and contributions to be made by the new party, and shall by najority vote of those present at a meeting at which a quorum is present recomend for or against acceptance of the new party, and shall establish the deadline for action by the parties. (See paragraph 5 (C) above. 1 1- Hold Meetings. Meetings of the Member Representative Council shall be held at least every ninety (90) days, at a time and place as designated by the Council. J. Council Officers. The officers of the Member Representative Council P. shall consist of a chairperson and vice chairperson. the Council from among themselves on a single vote per representative basis. K. They shall be elected by Notice of Meetings. Notices of meetings shall be sent by mail to each duly appointed representative and alterante representative. L. Condsct OS Meetings. Unless otherwise determined by the Member Repre- sentative Council, the meetings shall be conducted pursuant to the most current edition of Robert’s Rules of Order. Me Business of tile Member Representative Councii. The Member Representative Council shall determine premium contributions and the method by which contribu- tions will be paid to the fund; provide for additional assessments during the year, if necessary or appropriate, to allow for increased costs and expenses as may occur; i+?sure that’s complete and accurate system of accounting of the fund shail be maintained at all times consistent with established auditing :ZX~X.-~S ad accounting procedures; determine the manner in which liability and property damage ciairns shall be processed, with such processing conforming to all provisions of law now in effect or later enacted; review the administrative operations and administrative budget under this Agreement. Upon submission by the County Superintendent, the Member Represeiitative Council shali &-inually, on or before June 1, approve a budget showing each of tile pu-poses for which the ;PA will need money and the estimated amount of money that will be needed for each purpose €or the ensuing fiscal year; annually authorize the piacercent of excess insurance coverage. N. Business of -che MeAmber Representative Council. The business of the Menher Repres?:lzative Council shall include review of the administrative opera- tions and a&.ir.istrative budger mder this Agreement, and the making of recom- mendations with respect hereto. 0. Kinctes. TF.e vice chairperson shall cause to be kept minutes of all meetings of the Mernber Representative Council and shall, as swn as possible afcer each meeting, cause a copy of the minutes to be forwarded to each repre- senr,&r,:ve ana alternace and to the governing bodies of each party to this Agreeiiz3.c. -8- .. e e 1 '* P. Compensation. No representative or alternate shall receive any compen- sation or remuneration from the funds contributed by the parties under this Agreement, 13. LIABILITY AND PROPERTY CLAIMS SETTUMENT PROCEDURES. The Administrator may contract for investigative, administrative, and claim adjustment services relating to claims. contracting firm may reject, settle, compromise, and approve claims against the district, its officers, or employees within such limits and for such amounts as thz members may specify, and may provide that the contracting firm may execute and issue checks in payment of such claims, which checks shall be payable only from a trust account sufficient to provide for the settlement of claims for a 30-day period. with the County Superintendent to assure the expeditious operation of this Agreement. (EC 39601) The contract may provide that the Each party to this agreement shall cooperate 14. AMENDMENTS TO THIS AGREEMENT A. Any amenLnents to this Agreement shall require the consent of 75% of the participating paAies hereto, subject to the proceiures herein provided for involuntary tenination of the participation of an unconsenting party. Any party to this Agreement may at any time B. -- Proposed Amendments. propose amen&ients to th:s Agreement. Any proposed amendment shall first be submirted to the Member Representative Council for study and recommendation. The Member Representative Council shall have a reasonable time within which to make such study and to submit its recommendations to the parties. If by a 2/3 vote of the Ccuncil, voting at a meeting in which a quorum is present, the proposed amendment is recommended for adoption, a copy of the proposed amend- ment, together with the Council's report and recommendation, shall be sent to each party for action by their governing bodies either approving or rejecting the amendment. vote of the Council, a copy of the proposed amendment shall be sent to all parties for informational purposes, together with the Council's report and the reasons against adoption. If the proposed amendment does not receive approval by a 2/3 C. Action ori a Proposed Amendment. When the Member Re2resentative Council S*&III~~;S to the parties a proposed amendment for action, the Council shail specify thereon the deadline for action by the governing bodies of the parties. Within the deadline specified, each party shall consider the pro- posed amenbent ~13 take action, either approving or rejecting it, and a copy of such action shall he filed with the County Superictrxdent. Any party that does not file a copy of such action with the County Superintendent within five working days following the specified deadline shall be deemed to have re- jected the proposed amendment. 3, InvoiuLtary Termination of Unconsenting Parties. Where a proposed arcez&-..at is approved by a 2/3 vote of the parties as evidenced by copies of such qgroval on file with the County Superintendent, but the amendment has not recelved unanimous consent of all parties, the County Superintendent shall notify ali parties. the proposed amendmen.c within a time specified by the County Superintendent. He shall request those who did not consent to reconsider -9- 'e 0 . ,I, ** If, upon fife expiration 02 the time for reconsideration, the proposed amendment still has not been unanimously accepted by all parties, the County Superintendent shall immediately notify all parties. Any party who consented to the amenhent may initiate proceedings for the involuntary termination of the unconsenting parties. 1. A consenting party may initiate proceedings for termination of un- consenting parties by requesting the County Superintendent to sxbmit to a2.l consenting parties for action within a designated time period the question of whether the unconsenting parties shall be involun- tarily terminated as parties to this Agreement. the parties to this Agreement approve the involuntary termination of an unconsenting party, then such termination shall become effective 3:: the end of the fiscal year in which such involuntary ternhination was approved. zmy party whose participation is involuntarily terminated in accor- dance with the provisions of this subparagraph D shall have all the rights and dT.ities of a withdrawn party and the provisions of sub- paragraph F of paragraph 9 shall be applicable'. If at least 2/3 of 2. E. Effective Date of Amendment. Unless otherwise stated in the amendment, the effecti-Je date of any amendment shall be on July 1 following its adoption. However, where involuntary' termination occurs as provided for in subparagraph D of this paragraph, the amendment in no event may become effective until July 1. 15. TORT LIABILITY Section 895.2 of the Government Code imposes certain tort liability jointly upon pblic entities solely by reason of such entities being parties to an agreement as defirled in Section 895 of said Code. Therefore, the parties hereto, as between thernselves, pursuant to the authorization contained in Sections 895.4 and 895.6 cf the Government Code, each assumes the full liability im2osed upon it or any of its officers, agents, or employees by law for injw-y caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the sme extent that such liability would be imposed in the absence of Section 895.2 of said Code. indemnifies and holds harmless the other party for any loss, cost or expense that may be imposed upon such other party solely by virtue of Section 895.2 of the Governnsnt Code. To achieve this purpose, each party 16. PERSONS HAVZLGii; ACCESS TO PROPERTY The Comty Superintendent is hereby designated as the person who shall have charge ~f, handle, and have access to any property held pursuant to this Agreement and hrs officiai bond shall satisfy the requirements of Government Code Section 6505.1. 17. NOT'ICE AX3 SERVICE THEREOF Ary notices given pursuant to this Agreement shall be in writing and shall Any notices shall be effective only if served by personal be dated arid sig?,ed. -10- Q e ’. .. -.Id delivery or by depositing the same in the United States mail, enclosed in a sealed envelope, and addressed to: (a) In the case of a party, to the attention of its chief administrative officer ; In the case of the County Superintendent, to his attention. (b) Any notices relating to the proposed amendment or to an amendment of this Agreement, if sent by mail, shall be sent by certified mail, return receipt requested . 18. INVALIDITL’ Should any portion, term, condition, or provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the remaining portions, terms, condit”,ris, and provisions shall not be affected thereby. 19. MISCEUANEOUS A. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. B. same shall not be unreasonably withheld. c. Whenever in this Agreement any consent or approval is required, the This Agreement shall not be construed to create a public entity Separate from the parties to the Agreement. 20. EFFECTIVE DATE This Agreement shall become effective at 12r01 a.m. on the 1st day of July, 1981, if it h2.c been executed by public educational agencies. Otherwise, it shall becc~e effective on the date when it has been executed by public edu- cational agencies. 1981-82 fiscal year, then all rights, duties, and obligations of the signatories hereto shall becorm null and void. If this Agreement does not become effective during the IN WITKESS WHEREOF, each of the parties hereto has caused this JOINT POWERS AGREEMENT to be executed as original counterpart by its duly authorized repre- sentative OR the respective dates indicated below. Dated: JUne 25, 1981 SweetwateI ccpmnuu ‘ty College District Name of public Educational Agency BY Chester S. DeVore Superintendent/President Title Date of Governing Body Authorization: June 24, 1981 -11-