HomeMy WebLinkAbout1990-01-02; City Council; Resolution 90-2II w 0
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CARLSBAD AND THE GOVERNING BOARD OF SOUTHWESII 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI 2
RESOLUTION NO. 90-2
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY
1 COLLEGE TO PROVIDE PARAMEDIC INSTRUCTION
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7 as follows:
The City Council of the City of Carlsbad, California does hereby res
8 1. That certain agreement between the City of Carlsbad and the
9 Governing Board of Southwestern College for paramedic instruction,
10 attached hereto as Exhibit A, is hereby approved.
11 2. That the Mayor of the City of Carlsbad is hereby authorized and
I.2 directed to execute said agreement for and on behalf of the City of Carls
13 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the (
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Council of the City of Carlsbad, California held on the 2nd day of
January % 1990 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
19 /I ABSENT: None
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ATTEST:
CLAUDE A. 'LEIhS, Mayor
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"JXA L. RAUTENKRANZ, City Cle k
(SEAL)
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AGREEMENT BETWEEN 0 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 JBQUARY, 19 90-
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:
CARLSBAD , California, hereinafter called the EMT-P
IS AND PURPOSE OF THE AGREEMENT:
WITNESSETH:
WHEREAS, the COLLEGE is hereby authorized to enter into this aqreemenl
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 the students and for community needs,
WHEREAS, the COLLEGE has established a program for training paramedic:
that requires the educational facilities of the EMT-P SERVICE PROVIDER i
field practice,
WHEREAS, the EMT-P SERVICE PROVIDER has field facilities suitable for
educational needs of the College paramedic program,
WHEREAS, it is to the mutual benefit of both the COLLEGE and EMT-P SEI
PROVIDER that students have opportunities for field service education a:
students and future practitioners,
NOW, THEREFORE, the COLLEGE and the EMT-P SERVICE PROVIDER mutually a' as follows:
I. RESPONSIBILITIES AND PRIVILEGES OF THE COLLEGE
A. For the Prosram in General:
1. The COLLEGE assumes full responsibility for offering an educat
program eligible for accreditation by the State Department of
Education and the San Diego County Division of Emergency Medicl
Services.
2. The COLLEGE will provide the same quality of education in the
program as it does in all other curriculum offerings at the CO
3. The word "facultyf1 as used herein means the COLLEGE faculty en teaching in the COLLEGE Paramedic Program. The words "student
flstudentsfl as used herein means students of the COLLEGE who ar
enrolled in the COLLEGE Paramedic Program.
4. The COLLEGE will select and train preceptors in cooperation wi
field Service Providers.
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L B. Clinical Instructiom
1. The COLLEGE will provide the necessary faculty to plan and coor
the field experience for paramedic students. Said faculty will responsibility for monitoring EMT-P students while assigned to
EMT-P SERVICE PROVIDER.
2. The COLLEGE will develop a plan for using the EMT-P SERVICE PRO
facilities to meet the educational goals of the curriculum. Th
will include a list of the number of students to be assigned, t
and number of hours involved and shall be made available to the
SERVICE PROVIDER at a mutually-agreed-upon time prior to the be
of the school term and subject to revision by the EMT-P SERVICE
PROVIDER in instances where conflicts with the EMT-P SERVICE PR seem to exist.
3. The COLLEGE will assume responsibility for determining the fina
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 PROV
as they apply to the circumstances of the field teaching.
5. The COLLEGE is responsible to assure the students assigned to t
EMT-P SERVICE PROVIDER for field internship meet both COLLEGE a EMT-P SERVICE PROVIDER standards for health and have the academ
ability to profit from the experience.
6. The COLLEGE will require that all instructors and students duri
assignment to the EMT-P SERVICE PROVIDER comply with the same
administrative policies as the employees in matters relating ta the welfare of the patient.
C. Colleae Privileqes:
1. The COLLEGE has the privilege of regularly scheduled meetings k the EMT-P SERVICE PROVIDER staff and administrative level repre sentatives for the purpose of interpreting, discussing, and eva
uating this educational program for training paramedics.
11. RESPONSIBILITES AND PRIVILEGES OF THE EMT-P SERVICE PROVIDER
A. General Responsibilities:
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. The EMT-P SERVICE PROVIDER will maintain the standards which IT
eligible for approval as a field area for instruction in an ac
paramedic program provided, however, the EMT-P SERVICE PROVIDE
not be obligated to establish, maintain or continue any facili services that the EMT-P SERVICE PROVIDER, in its sole discreti not wish to establish, maintain or continue.
e The EMT-P SERVICE PROVIDER will permit the faculty and student
the COLLEGE to use its patient care and patient service facili
field education in accordance with Policies, Procedures and PK
of the San Diego County Division of Emergency Medical Services
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3. The EMT-P SERVICE PROVIDER will accept for field internship EM1
students in a number mutually agreed upon by the COLLEGE and
EMT-P SERVICE PROVIDER.
B. Facilities and SupPlies:
1. The EMT-P SERVICE PROVIDER will permit the educational use of !
supplies and equipment as are commonly available for patient ci
2. The EMT-P SERVICE PROVIDER will provide access to sources of il
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, Diagnc
Texts, pharmacology references, and standard references sui{
to the field area and care program.
C. Staff PaxticiDation in Education:
1. The EMT-P SERVICE PROVIDER.wil1 recommend staff to function as
preceptors for paramedic students during the field internship.
The ratio of preceptors to students shall not exceed one to on1
2. Preceptors will attend a training session for the purpose of
orienting them to the educational program and evaluation procel
3. Preceptors will assist with the education and evaluation of
paramedic students during the field intership.
4. Preceptors will remain employees of the EMT-P SERVICE PROVIDER
will not be considered employees of the COLLEGE.
D. EMT - P Servic e Pravidex Privileses:
1. The EMT-P SERVICE PROVIDER many refuse educational access to i
field areas or records to any College faculty or students who
not meet the EMT-P SERVICE PROVIDER'S standards.
2. The EMT-P SERVICE PROVIDER may resolve any problem situation i
favor of the patient's welfare and may restrict the student in
3. Student will wear the designated costume in field areas.
E. Status of Students:
1. Ejtudents will have the status of learners and will not replace
EMT-P SERVICE PROVIDER staff nor give service to patients apar
from its educational value.
2. Students are subject to the authority, policies and regulation
the College. They are also subject, during field assignment a
while with the EMT-P SERVICE PROVIDER, to the authority, polic
and regulations of the EMT-P SERVICE PROVIDER.
3. Students will wear the designated costume in field areas.
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F. Liability Status of Contractinq Aqencies:
1. The EMT-P SERVICE PROVIDER shall carry its usual comprehensiv
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 EMT-P FIELD SERVICE PROVIDER.
3. The COLLEGE shall carry public liability insurance covering f
members of the COLLEGE during assignment with the EMT-P SERVI
PROVIDER.
4. The COLLEGE shall carry workers' compensation insurance cove its faculty and students while with the EMT-P SERVICE PROVIDE
and against any and all liability arising from any negligent of COLLEGE'S students or instructors during the field interns EMT-P SERVICE PROVIDER shall indemnify and hold harmless the from and against any and all liability arising from any negli
act of EMT-P SERVICE PROVIDER, its officers, agents or employ
G. Duration of the Contract:
1. This AGREEMENT is for a period of time not to exceed three ye
but may be terminated at close of any school year by serving in writing of the intention to do so by either party.
2. This contract shall be reviewed annually by the administrativ
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 employme practices or on-the-job training experiences.
2. If any party to this agreement resorts to a legal action or arbitrati
enforce any provision of this AGREEMENT, the prevailing party shall b
entitled to recover reasonable attorney's fees in addition to any 0th
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, writt 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 jurisdi
to be void or unenforceable, the remainder of the contract terms shal
remain in force and effect and shall not be affected.
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6. This contract is the sole and exclusive AGREEMENT of the Trustees of i
Southwestern Community College District and the CITY OF CARLSBAD concerning the use of health care facilities,
cotltract correctly states the rights, duties, and obliqations of each to the other as of JA 1990 Any prior agreeml
promises, or negotiatio~~A~~tO~~pressly set forth in this contract arc
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 contrl or its breach, shall be submitted to arbitration to and in accordance with the rules of the American Arbitration Association, upon the writ
request of one party after the service of that request on the other pl
IN WITNESS WHEREOF, the said parties have hereunto set their hands on thl 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
MAY OR
TITLE