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HomeMy WebLinkAboutCity of San Diego; 2023-07-30;AGREEMENT • Between the City of San Diego and City of Carlsbad Fire Department for Participation in San Diego's Paramedic Program This Agreement is entered into by and between the City of San Diego, acting through its Fire-Rescue Department (City) and City of Carlsbad Fire Department in support of the San Diego Fire-Rescue Department's Paramedic Program (Paramedic Program). INTRODUCTION It is the goal of the Paramedic Program to prepare students to render prehospital advanced life support care and transport with the San Diego County EMS system. The minimum expectation is to prepare competent entry-level Emergency Medical Technician-Paramedics in the cognitive (knowledge), psychomotor (skills), and affective (behavior) learning domains with or without exit points at the Advanced Emergency Medical Technician and/or Emergency Medical Technician and/or Emergency Medical Responder levels. The Paramedic Program will operate in accordance with the United States Department of Transportation EMS Education Standards, California Code of Regulations Title 22, the local emergency medical services authority (LEMSA), the County of San Diego Health and Human Services Department, and all applicable Federal, State, or local paramedic policies, procedures and protocols. The Paramedic Program is seeking to obtain programmatic accreditation through compliance with the standards established by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) and the Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions (CoAEMSP). The Paramedic Program is currently seeking accreditation and has been awarded the Letter of Review by CoAEMSP, which allows the program to graduate students and provides them with eligibility to sit for the EMT National Registry exam for Paramedics. The Letter of Review is not a guarantee of future program accreditation. The Paramedic Program is structured to: l . Provide comprehensive paramedic training and education in contemporary and professional theory and method by incorporating the cognitive, psychomotor and affective learning domains. 2 Prepare students for success on the National Registry of EMTs -Paramedic psychomotor (skills) and cognitive (written) exam. 3. Develop competent, entry-level paramedics who will honor the San Diego Fire Rescue Department Mission S~atement, which is: "To serve the community of San Diego by providing the highest level of emergency/rescue services, hazard prevention and safety education ensuring the protection of life, property and the environment." Graduation from the Paramedic Program and success on the National Registry paramedic exam is indicative of a student's ability to meet the highest standard of professional prehospital basic and advanced life support patient care and to function as a competent, entry level paramedic. 1 At the invitation of City, City of Carlsbad Fire Department will enroll EMT personnel in the Paramedic Program as students. AGREEMENT TERMS 1. CONTRACT TERM The term of this Agreement shall apply retroactively from July 30, 2023, to June 30, 2028. Any party may terminate this Agreement by providing 60 days written notice to the other parties. Unless otherwise terminated, this Agreement is effective until it is completed or as otherwise agreed upon in writing by the parties, whichever is the earliest. An Agreement term cannot exceed five ( 5) years unless approved by the City Council . by ordinance. 2. COMPENSATION City of Carlsbad Fire Department shall pay City $8,727.00 per student upon enrollment. Invoices shall be paid within 30 days upon receipt. 3. ENROLLMENT All students in the Paramedic Program are subject to the following requirements: • Students meet or exceed all application acceptance criteria; and • Students complete all program prerequisites; and • Students meet and maintain all requirements defined in the course syllabus and program policy manual. City shall determine, in its sole discretion, the number of non-City students allowed in each Paramedic Program. Non-City students shall comprise a maximum of one-third of each Paramedic Program class. Non- City students will be admitted as space is available, dependent on the City's evaluation of performance in the entrance exam process. 4. REQUIRED PARAMEDIC PROGRAM POLICIES The following expectations, rules, and processes are explicitly defined in the San Diego Fire-Rescue Department Paramedic Program Policy Manual: i. Prerequisites and Admission ii. Tuition and Fees iii. Student Voluntary Withdrawal iv. Attendance Requirements v. Course Schedule vi. Course Description v11. Performance Anchors, Program Evaluation and Exam Re-take Policy viii. Performance Remediation 1x. Medical Accommodations x. General Expectations xi. Personal Appearance and Grooming xii. Uniform Reg lations xm. Code of Conduct xiv. Discipline 2 xv. Achievement Awards xvi. Paramedic Program Remediation and Re-take Attempts City of Carlsbad Fire Department shall inform its employees enrolled as students in the Paramedic Program that these policies must be adhered to by all students, including City of Carlsbad Fire Department students. 5. CITY OF CARLSBAD FIRE DEPARTMENT EMPLOYEE STUDENT MISCONDUCT OR PERFORMANCE ISSUES City reserves the right to remove any City of Carlsbad Fire Department student's participation in the Paramedic Program who endangers patient health or safety, disrupts the Paramedic Program, or disrupts the operations of any agency or entity utilized for student field training, in which case the paid tuition will not be refunded. If a City of Carlsbad Fire Department student fails to follow required policies and procedures or engages in misconduct related to their participation as a student in the Paramedic Program, the City of Carlsbad Fire Department Program Liaison shall be notified. 6. INDEPENDENT CONTRACTOR City of Carlsbad Fire Department and City are independent in their relationship with one another. This Agreement does not establish a partnership, joint venture, or employer/employee relationship between the Parties, nor shall it be construed to do so in any manner. The sole interest of each Party is to ensure that the services under this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. No Party shall have the right to control or direct the details, manner or means by which any other Party performs and accomplishes the services required under this Agreement, provided, however, that (a) City of Carlsbad Fire Department and its students shall comply with all applicable policies and procedures related to the Paramedic Program; and (b) City of Carlsbad Fire Department and its students shall comply with all applicable statutes, laws, rules, regulations and ordinances of all governmental authorities, including federal, state and local authorities. Each Party assumes full responsibility for its own compliance with insurance, labor, tax and all other laws applicable to its provision of services under this Agreement. Each Party shall obtain and maintain in good standing all necessary licenses, permits, approvals, authorizations and certifications required for the conduct of its business and the provision of services under this Agreement. City of Carlsbad Fire Department students shall not have any claim under this Agreement or otherwise against the City of San Diego for workers' compensation, unemployment compensation, sick leave, vacation pay, pension or retirement benefits, Social Security benefits, termination compensation, healthcare insurance, or any other employment-related benefits. 7. INJURY PROCEDURES If an injury to a City of Carlsbad Fire Department student is reported or observed, they will be evaluated by City staff to determine course of treatment. • If minor, the City of Carlsbad Fire Department student and City Staff will complete documentation and forwarded to the City of Carlsbad Fire Department Program Liaison. • If the minor injury worsens or initial injury warrants medical treatment, the City of Carlsbad Fire Department student will be taken to the Medical Provider Agency specified by City of Carlsbad Fire Department. • In all instances of injuries to City of Carlsbad Fire Department students, City Staff will make proper notifications to the City of Carlsbad Fire Department Program Liaison. 3 Nothing in Paragraph 7 shall be deemed to obligate the City to assume responsibility or pay for any medical- related treatment arising out of a City of Carlsbad Fire Department student's participation in the Paramedic Program. 8. IIlP AA COMPLIANCE The Parties recognize that the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, "HIPAA") apply to clinical and/or field internship training conducted as part of the Paramedic Program. As trainees, City of Carlsbad Fire Department students shall be subject to all applicable policies and procedures regarding the confidentiality of medical information and HIP AA . compliance. City of Carlsbad Fire Department must provide HIP AA compliance training to its students. City of Carlsbad Fire Department shall instruct its personnel and students that it is a breach of ethics and contrary to law to divulge information about individuals being treated as part of the Paramedic Program, including their names and/or the nature of their illness, treatment, or condition, to any person not directly involved with the provision of health care related services to such individual. City of Carlsbad Fire Department shall further instruct its personnel and students that health care information and documents are considered strictly confidential. To ensure compliance with requirements under HIPAA and similar state law, City of Carlsbad Fire Department shall ensure that its students assigned to the Paramedic Program have received training and understand HIP AA and patient confidentiality. 9. INSURANCE 9.1 Professional Medical Liability City of Carlsbad Fire Department will maintain Professional Medical Liability coverage of not less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000) aggregate. Coverage must specifically cover students working under this agreement and within the course of their training and education during the Paramedic Program. 9.2 Commercial General Liability. Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The policy shall be endorsed to name City of San Diego as an additional insured. 9.3 Workers' Compensation. Insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit ofno less than $1,000,000 per accident for bodily injury or disease. A waiver of subrogation endorsement shall be provided to the City of San Diego. 9 .4 City of Carlsbad Fire Department will provide City with written verification of coverage in the form of a certificate of insurance, which will be attached to this agreement. City of Carlsbad Fire Department 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. 9.5 Endorsement for Student Activities. City of Carlsbad Fire Department assures City that all coverage of insurance required herein includes specific provisions and/or endorsements to include students within City of Carlsbad Fire Department's Medical Liability and General Liability coverage for all activities conducted under this Paramedic Program. 4 9.6 Coverage for Student Injuries. City of Carlsbad Fire Department recognizes that City of Carlsbad Fire Department students are NOT covered by City's Workers Compensation Insurance or other City insurance coverage. City of Carlsbad Fire Department represents and warrants that it will maintain, or ensure that its students are covered, for bodily injury and disease should any City of Carlsbad Fire Department student be injured or become ill during the Paramedic Program. City of Carlsbad Fire Department will provide City with a written verification of insurance coverage in the form of a certificate of insurance which will be attached to this agreement. 9.7 Amount of Coverage Not a Limitation. The amount of insurance required hereunder shall not limit City of Carlsbad Fire Department's liability nor relieve City of Carlsbad Fire Department of any obligation hereunder. 10. LIABILITY 10.1 Claims Arising from Sole Act or Omissions of City: City hereby agrees to defend and indemnify City of Carlsbad Fire Department, its agents, officers and employees from any claim, action or proceeding against City of Carlsbad Fire Department arising out of City 's sole negligence or intentional acts or omissions in the performance of the agreement. At its sole discretion, City of Carlsbad Fire Department may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve City from any obligation imposed by this agreement. City of Carlsbad Fire Department shall notify City promptly of any claim, action or proceeding and cooperate fully in the defense. 10.2 Claims Arising from Sole Act or Omissions of City of Carlsbad Fire Department: City of Carlsbad Fire Department hereby agrees to defend and indemnify City, its agents, officers and employees from any claim, action or proceeding against City arising out of City of Carlsbad Fire Department's sole negligence or intentional acts of omissions in the performance of the agreement. At its sole discretion, City may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve City of Carlsbad Fire Department from any obligation imposed by the agreement. City shall notify City of Carlsbad Fire Department promptly of any claim, action or proceeding and cooperate fully in the defense. 10.3 Claims Arising from Concurrent Acts or Omissions: City of Carlsbad Fire Department hereby agrees to defend itself, and City hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of City of Carlsbad Fire Department and City. In such cases, City of Carlsbad Fire Department and City agree to retain their own legal counsel, bare their own defense cost, and waive their right to seek reimbursement of such cost, except as provided in the following paragraph ( e ). 10.4 Joint Defense: Notwithstanding paragraph 10.4 above, in cases where City of Carlsbad Fire Department and City agree in writing to a joint defense, and further agree in writing to waive any conflict of interest that may arise subject only to the discretion of joint defense counsel, City of Carlsbad Fire Department and City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of City of Carlsbad Fire Department and City. Joint defense counsel shall be selected by the mutual agreement of City of Carlsbad Fire Department and City. The selection of outside counsel must comply with San Diego Charter section 40. City of Carlsbad Fire Department and City agreed to share the cost of such joint defense and any agreed settlement in equal amounts, except as provided in the following paragraph (10.5) and the 5 Parties further agrees that neither party may bind the other to a settlement agreement without the written consent of both City of Carlsbad Fire Department and City. 10.5 Reimbursement and/or Reallocation: Where a trial verdict or arbitration award allocates or determines that comparative fault of the parties, City of Carlsbad Fire Department and City may seek reimbursement and/or reallocation of defense cost, settlement payments, judgments and awards, consistent with such comparative fault. 11. DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement and cannot be settled through normal contract negotiations, City of Carlsbad Fire Department and City shall use mandatory non-binding mediation before having recourse in a court of law. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. 12. NOTICE All notices, consents, waivers, and other communications required or permitted under this Agreement shall be in writing and shall be deemed given to a Party: (a) when delivered to the appropriate address by hand; (b) on the first business day after being sent by a nationally recognized overnight courier service ( costs prepaid); or ( c) three (3) business days after deposit if sent by certified mail, postage prepaid, return receipt requested, whether received or rejected by the addressee, in each case to the addresses and marked to the attention of the person (by name or title) designated below ( or to such other address or person as a Party may designate by notice to the other Parties). Any Party may change such Party's address for purposes of this Agreement by notice given in accordance with this section. City of San Diego: Jodie Pierce Deputy Chief, Emergency Medical Services SDFD Headquarters 600 B St., Suite 1300 San Diego, CA 92101 City of Carlsbad Fire Department: Nathan Pearson 6 Fire Division Chief Carlsbad Fire Department 13. MISCELLANEOUS CONTRACT PROVISIONS 2560 Orion Way Carlsbad, CA 92010 a. Headings. All headings are for convenience only and shall not affect the interpretation of this Agreement. b. Non-Assignment. City of Carlsbad Fire Department may not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due under this Agreement, without City's prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Agreement at the City's sole discretion. In no event shall any putative assignment create a contractual relationship between City and any putative assignee. c. Compliance with Controlling Law. City of Carlsbad Fire Department shall comply with all applicable local, state, and federal laws, regulations, and policies. City of Carlsbad Fire Department's act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for termination of this Agreement. In addition to all other remedies or damages allowed by law, City of Carlsbad Fire Department is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, City of Carlsbad Fire Department may be subject to suspension, debarment, or both. d. Governing Law. The Agreement shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the conflicts or choice of law provisions thereof. e. Venue. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the County of San Diego, State of California. f. No Waiver. No failure of either City or City of Carlsbad Fire Department to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. g. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. h. Amendments. Neither this Agreement nor any provision hereof may be changed, modified, amended, or waived except by a written agreement executed by duly authorized representatives of City and City of Carlsbad Fire Department. Any alleged oral amendments have no force or effect. 7 i. Conflicts Between Terms. If this Agreement conflicts with an applicable local, state, or federal law, regulation, or court order, applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. j. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Execution and delivery of this Agreement by delivery of a facsimile or electronically recorded copy (including a .pdf file) bearing a copy of the signature of a Party shall constitute a valid and binding execution and delivery of this Agreement by such Party. Such copies shall constitute enforceable original documents. 14. CITY OF SAN DIEGO MANDATORY CLAUSES By signing this Agreement, City of Carlsbad Fire Department certifies that City of Carlsbad Fire Department is aware of, and will comply with, these City-mandated clauses throughout the duration of the Agreement. a. Drug-Free Workplace Certification. City of Carlsbad Fire Department shall comply with City's Drug-Free Workplace requirements set forth in Council Policy 100-17, which is incorporated into the Agreement by this reference. b. City of Carlsbad Fire Department Certification for Americans with Disabilities Act (ADA) and State Access Laws and Regulations: City of Carlsbad Fire Department shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24). When a conflict exists between the ADA and Title 24, City of Carlsbad Fire Department shall comply with the most restrictive requirement (i.e., that which provides the most access). City of Carlsbad Fire Department also shall comply with the City's ADA Compliance requirements as set forth in Council Policy 100-04, which is incorporated into this Agreement by reference. City of Carlsbad Fire Department warrants and certifies compliance with all federal and state access laws and regulations and further certifies that any subcontract agreement for this Agreement contains language which indicates the subcontractor's agreement to abide by the provisions of the City's Council Policy and any applicable access laws and regulations. c. Compliance with City's Equal Opportunity Contracting Program (EOCP). City of Carlsbad Fire Department shall comply with City's EOCP Requirements. City of Carlsbad Fire Department shall not discriminate against any employee or applicant for employment on any basis prohibited by law. City of Carlsbad Fire Department shall provide equal opportunity in all employment practices. City of Carlsbad Fire Department shall ensure that their subcontractors comply with this program. Nothing in this Section shall be interpreted to hold City of Carlsbad Fire Department liable for any discriminatory practice of its subcontractor. d. Non-Discrimination. City of Carlsbad Fire Department shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or di ability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. City o a lsbad ire epartment shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. City of Carlsbad Fire Department understands and agrees that violation of 8 this clause shall be considered a material breach of the Agreement and may result in Agreement termination, debarment, or other sanctions. City of Carlsbad Fire Department shall ensure that this language is included in contracts between City of Carlsbad Fire Department and any subcontractors, vendors and suppliers. e. City Pay/Wage Requirements. Unless an exception applies, City of Carlsbad Fire Department shall comply with the Equal Benefits Ordinance, Equal Pay Ordinance, and Living Wage Ordinance as codified in the San Diego Municipal Code. f. Product Endorsement. City of Carlsbad Fire Department shall comply with Council Policy 000-41 concerning product endorsement which requires that any advertisement referring to City as a user of a good or service will require the prior written approval of the Mayor. IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego and City of Carlsbad Fire Department Mobile Health Corporation acting by and through their authorized officers. CITY OF CARLSBAD FIRE DEPARTMENT Mtchae?Caldetwood By: Michael Calderwood (Aug 10, 2023 10:25 PDT) Name: Michael Calderwood Title: Fire Chief Date: Aug 10, 2023 APPROVED AS TO FORM Cindie K. McMahon,. City Attorney ~AW-~l~ ~ Asslstant/De~uty City Attorney City of Carlsbad, California CITY OF SAN DIEGO By: OJ{?u,~ Name: Claudia Abarca Director, Purchasing & Contracting Date: Aug 11, 2023 Approved as to form this ~ day of August , 20 ~- MARA W. ELLIOTT, City Attorney By: Erin Kilcoyne (AuglS,02315:19 PDT) Deputy City Attorney Erin Kilcoyne PrintName 9