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HomeMy WebLinkAboutPalomar Community College District; 2022-01-18;AGREEMENT BETWEEN PALOMAR COMMUNITY COLLEGE AND CITY OF CARLSBAD FIRE DEPARTMENT THIS AGREEMENT made and entered into this 18th day of January, 2022 by and between Palomar Community College District, hereinafter called the DISTRICT, and City of Carlsbad Fire Department, hereinafter called the EMT-BLS SERVICE PROVIDER, do hereby agree as follows: BASIS AND PURPOSE OF THE AGREMENT WITNESSETH: WHEREAS, the DISTRICT and EMT-BLS SERVICE PROVIDER acknowledge a public obligation to contribute to the education of emergency medical technicians-basic life for the benefit of the students and for community needs. WHEREAS, the DISTRICT has established a program for training emergency medical technicians-basic life that require the educational facilities of the EMT-BLS SERVICE PROVIDER in field practice. WHEREAS, the EMT-BLS SERVICE PROVIDER has field facilities suitable for the educational needs of the DISTRICT Emergency Medical Technician (EMT) Basic Life Support (BLS) program and to include ride-along for the EMT -BLS students. WHEREAS, it is to the mutual benefit of both the DISTRICT and EMT-BLS SERVICE PROVIDER that students have opportunities for field service education as students and future practitioners. NOW, THEREFORE, the DISTRICT and the EMT-BLS SERVICE PROVIDER mutually agree as follows: I. RESPONSIBILITIES AND PRIVILEGES OF THE DISTRICT A. For the Program in General 1. 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. 2. The DISTRICT will provide the same quality of education in the emergency medical technician-basic life support program as it does in all other curriculum offerings at the DISTRICT. 3. The word "Faculty" as used herein means the DISTRICT Faculty engaged in teaching in the DISTRICT Emergency Medical Technician-Basic Life Support Program. The words "Student" or "Students" as used herein means students of the DISTRICT who are enrolled in the DISTRICT Emergency Medical Technician-Basic Life Support Program. 4. The DISTRICT will select and train preceptors in cooperation with the field service providers. Contract# 22-A-142 1 City of Carlsbad Fire Depanment 405.3.01 B. Clinical Instructions 11. C. 1. The DISTRICT will provide the necessary Faculty to plan and coordinate the field experience for emergency medical technician-basic life support Students. Said Faculty will assume responsibility for monitoring Students while assigned to the EMT-BLS SERVICE PROVIDER. 2. The DISTRICT will develop a plan for using the EMT-BLS 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-BLS SERVICE PROVIDER at a mutually agreed upon time prior to the beginning of the school term. The plan for using the EMT- BLS SERVICE PROVIDER'S facilities may be revised by the EMT-BLS SERVICE PROVIDER due to scheduling conflicts. 3. The DISTRICT will assume responsibility for determining the final grade evaluation relative to the Student's performance after consultation with the EMT-BLS SERVICE PROVIDER. 4. The Faculty will be responsible for learning and observing the policies and regulations of both DISTRICT and EMT-BLS SERVICE PROVIDER as they apply to the circumstances of the field teaching. 5. The DISTRICT is responsible to assure the Students assigned to the EMT- BLS SERVICE PROVIDER for field internship meet both DISTRICT and EMT-BLS SERVICE PROVIDER standards of health and have the academic ability to profit from the experience. 6. The DISTRICT will require that all Faculty and Students during assignment to the EMT-BLS SERVICE PROVIDER comply with the same administrative policies as employees of the EMT-BLS SERVICE PROVIDER in matters relating to the welfare of the patient. District Privileges 1. The DISTRICT has the privilege of regularly scheduled meetings with the EMT-BLS SERVICE PROVIDER staff and administrative level representatives for the purpose of interpreting, discussing, and evaluating this educational program for training emergency medical technicians-basic life. RESPONSIBILITIES AND PRIVILEGES OF THE EMT-BLS SERVICE PROVIDER A. General Responsibilities 1. The EMT-BLS SERVICE PROVIDER will maintain the standards which made it eligible for approval as a field area for instruction in an accredited emergency medical technician-basic life support program provided; however, the EMT-BLS SERVICE PROVIDER shall not be obligated to establish, maintain or continue any facilities or services that the EMT-BLS SERVICE PROVIDER, in its sole discretion, does not wish to establish, maintain or continue. 2 City of Carlsbad Fire Department 405.3.01 B. 2. The EMT-BLS 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 and the internal policies and procedures of the EMT-BLS SERVICE PROVIDER. 3. The EMT-BLS SERVICE PROVIDER will accept for field internship EMT-BLS Students in a number mutually agreed upon by the DISTRICT and EMT-BLS SERVICE PROVIDER. Facilities and Supplies 1. The EMT-BLS SERVICE PROVIDER will permit the educational use of such supplies and equipment as are commonly available for patient care. 2. The EMT-BLS SERVICE PROVIDER will provide access to sources of information for educational purposes, subject to the EMT-BLS SERVICE PROVIDER's right to protect the privacy of the patient: Examples: a. Procedures guides, policy manuals; and b. Standard field references such as medical dictionary, diagnostic texts, pharmacology references and standard references suitable to the field area and care program. C. Staff Participation in Education 1. The EMT-BLS SERVICE PROVIDER will recommend members of its staff to function as preceptors for emergency medical technician-basic life support Students during the field internship. The ratio of preceptors to Students shall not exceed one to one. 2. Preceptors will attend a training session provided by the DISTRICT for the purpose of orienting them to the educational program and evaluation procedures. 3. Preceptors will assist with the education and evaluation of emergency medical technician-basic life support Students during the field internship. 4. Preceptors will remain employees of the EMT-BLS SERVICE PROVIDER and will not be considered employees of the DISTRICT. 5. The EMT ride along will observe the EMT crew but may, in the EMT-BLS SERVICE PROVIDER's sole discretion, be permitted to take vital signs and assessment in conjunction with the EMT crew. 3 City of Carlsbad Fire Department 405.3.01 D. EMT-BLS SERVICE PROVIDER Privileges 1. The EMT-BLS SERVICE PROVIDER may refuse educational access to its field areas or records to any DISTRICT Faculty or Students who do not meet the EMT-BLS SERVICE PROVIDER's standards. 2. The EMT-BLS SERVICE PROVIDER shall resolve any problem situation in favor of the patient's welfare and may restrict the Student involved. 3. Students must wear the designated uniform in field areas. E. Status of Students 1. Students will have the status of learners whose participation in the field practice is solely for purposes of learning and educational value. 2. Students will not replace EMT-BLS SERVICE PROVIDER staff, nor will any Student provide treatment, render aid to patients or perform the duties of the EMT-BLS SERVICE PROVIDER staff. 3. Students are subject to the authority, policies, and regulations of the DISTRICT. They are also subject, during field assignment and while with the EMT-BLS SERVICE PROVIDER, to the authority, policies and regulations of the EMT-BLS SERVICE PROVIDER. 4. Students will wear the designated uniform in field areas. 5. Students and Faculty shall not be considered employees or agents of EMT- BLS SERVICE PROVIDER for any purpose whatsoever. F. Indemnification DISTRICT shall defend, indemnify and hold EMT-BLS SERVICE PROVIDER, 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 DISTRICT, its officers, agents, or employees. EMT-BLS 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-BLS SERVICE PROVIDER, its officers, agents, or employees. 4 City of Carlsbad Fire Department 405.3.01 The parties expressly agree that any payment, attorney's fee, costs or expense the EMT- BLS SERVICE PROVIDER or DISTRICT incurs or makes to or on behalf of an injured employee under a self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. G. Insurance Requirements The DISTRICT will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Agreement by the DISTRICT, the District's Faculty, Students, agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. a. Coverage and Limits. DISTRICT will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on DISTRICT's indemnification obligations under this Agreement. EMT-BLS SERVICE PROVIDER, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by DISTRICT pursuant to this Agreement are adequate to protect DISTRICT. If DISTRICT believes that any required insurance coverage is inadequate, DISTRICT will obtain such additional insurance coverage, as DISTRICT deems adequate, at DISTRICT's sole expense. The full limits available to the named insured shall also be available and applicable to the EMT-BLS SERVICE PROVIDER (City of Carlsbad) as an additional insured. b. Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. c. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if DISTRICT has no employees and provides, to EMT-BLS SERVICE PROVIDER 's satisfaction, a declaration stating this. d. Professional Liability. Errors and omissions liability appropriate to DISTRICT's profession with limits of not less than $1 ,000,000 per occurrence covering Faculty and Students during assignment with the EMT-BLS SERVICE PROVIDER. e. Additional Provisions. DISTRICT will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 5 City of Carlsbad Fire Department 405.3.01 f. The City of Carlsbad will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City of Carlsbad. g. DISTRICT will obtain occurrence coverage, excluding Professional Liability, which will be written as per occurrence coverage. h. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to EMT-BLS SERVICE PROVIDER sent by certified mail pursuant to the Notice provisions of this Agreement. i. Providing Certificates of Insurance and Endorsements. Prior to EMT-BLS SERVICE PROVIDER's execution of this Agreement, DISTRICT will furnish certificates of insurance and endorsements to EMT-BLS SERVICE PROVIDER. j. Failure to Maintain Coverage. If DISTRICT fails to maintain any of these insurance coverages, then EMT-BLS SERVICE PROVIDER will have the option to declare DISTRICT in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. DISTRICT is responsible for any payments made by EMT-BLS SERVICE PROVIDER to obtain or maintain insurance and EMT-BLS SERVICE PROVIDER may collect these payments from DISTRICT or deduct the amount paid from any sums due DISTRICT under this Agreement. k. Submission of Insurance Policies. EMT-BLS SERVICE PROVIDER reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. H. Duration of the Contract 1. This agreement is effective January 18, 2022 through January 17, 2027; a period of time not to exceed five (5) years, but may be terminated by either party hereto by serving notice in writing of the intention to so terminate to the other party. Any such intention to terminate shall become effective at the conclusion of the school year during which the notice is received. For the purposes of this section a school year shall be between September 1st and June 30th of the following year. 2. This agreement shall be reviewed annually by the administrative staffs of DISTRICT and EMT-BLS SERVICE PROVIDER. 6 City of Carlsbad Fire Department 405.3.01 3. This Agreement may be amended at any time on the written approval of both parties hereto. CHOICE OF LAW All notice under this agreement shall be sent to: For the DISTRICT Contract Services Attn: Allen M. Young Palomar Community College District 1140 West Mission Road San Marcos CA 92069-1487 For the EMT-BLS SERVICE PROVIDER City of Carlsbad Fire Department Attn: Mark Beckert 2540 Orion Way Carlsbad, CA, 92010 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 FIRE DEPARTMENT 2560 Orion Way Carlsbad, CA, 92010 APPROV ED AS TO FORM Celia A. Brewer, City Attorney PALOMAR COMMUNITY COLLEGE DISTRICT 1140 West Mission Road San Marcos, CA 92069 Ricltarlf1.ZPf:0t Richard J Taylor (May 24,i 2 08:06 PDT} By: Richard Taylor Interim Director, Business Services May 24, 2022 Date 7 City of Carlsbad Fire Department 405.3.01 22-A-142 City of Carlsbad Fire Department EMT Ride-a-long O 1-18-2022 to O 1-17-2027 Final Audit Report 2022-05-24 Created: 2022-05-24 By: Allen Young (ayoung@palomar.edu) Status: Signed Transaction ID: CBJCHBCAABAARSIH8biuJILcBBdlsytPBdfqWJxpoWDG "22-A-142 City of Carlsbad Fire Department EMT Ride-a-long 01 -18-2022 to 01-17-2027" History f:l Document created by Allen Young (ayoung@palomar.edu) 2022-05-24 -2:56:15 PM GMT-IP address: 205.153.156.222 IR. Document emailed to Richard J Taylor (rtaylor1@palomar.edu) for signature 2022-05-24 -2:57:05 PM GMT f:l Email viewed by Richard J Taylor (rtaylor1@palomar.edu) 2022-05-24 -3:05:51 PM GMT-IP address: 104.47.57.126 0'«> Document e-signed by Richard J Taylor (rtaylor1@palomar.edu) Signature Date: 2022-05-24 -3:06:30 PM GMT -Time Source: server-IP address: 73.189.143.230 0 Agreement completed. 2022-05-24 -3:06:30 PM GMT */") PALOHAJI COU,K:(• ~ I Poweredby Adobe Acrobat Sign