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HomeMy WebLinkAbout2003-01-14; City Council; Resolution 2003-0011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT WHEREAS, the city of Carlsbad and the Southwestern Community College District have an agreement for paramedic training, which has been revised; and WHEREAS, there are currently two programs within San Diego County, both of which rely on fire departments or private paramedic providers to fulfill the field internship requirement; and WHEREAS, the existence of these programs provides agencies such as Carlsbad with a broader field of candidates from which to choose when filling vacant paramedic positions. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Southwestern Community College District for paramedic training, 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 Carlsbad, and that the City Manager is authorized to execute any renewal of this agreement on behalf of the agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held the 14th day of JANUARY , 2003, by the following vote, to wit: NOES: None ABSENT: None AYES: Council Members Lewis, Finn ATTEST: J LORRAINE M. &OD, City Clerk 'd (SEAL) AGREEMENT FOR USE OF HEALTH CARE FACILITIES WHEREAS, the Governing Board of the Southwestern Community College District has established programs of training for a number of health occupations and such programs require the provision of clinical facilities in which the student can obtain the required clinical learning experience set forth in the curriculum of the programs; and WHEREAS, City of Carlsbad Fire Department has the required clinical facilities in which students in these programs at Southwestern Community College District can obtain a part of the required clinical learning experience set forth in the curriculum of the programs; and WHEREAS, it is to the benefit of Southwestern Community College District that students in these programs be permitted to use the clinical facilities of City of Carlsbad Fire Department to obtain their clinical learning experience; and WHEREAS, it is to the benefit of City of Carlsbad Fire Department to make its facilities available to the students in the health occupations programs of Southwestern Community College District for the obtaining oftheir clinical learning experience, thereby contributing to the educationalpreparationofa future supply of health care personnel; and WHEREAS, the Governing Board of the Southwestern Community College District is authorized under the provisions of the Education Code to enter into agreements for the use of clinical facilities; NOW THEREFORE, the parties hereto agree as follows: This Agreement is between the Governing Board of the Southwestern Community College District, hereinafter called the "District," and City of Carlsbad Fire Department, hereinafter called the "Agency." The Agency will: 1. Make available its clinical and related facilities fir the obtaining of the required written clinical learning objectives by students enrolled in health occupation programs at the District, who are designated by the District for such learning experiences under the supervision of District faculty members. 2. Arrange clinical learning experience schedules in such a manner as to prevent conilict of schedules among schools. 3. Designate an Agency employee to coordinate the students' clinical learning experiences. This involves the planning with faculty members for the assignment of the students to specific clinical areas, cases and experiences, and overall evaluation of students. The designated person shall serve as the liaison for two-way communication of pertinent information, such as policy and procedure changes. Such designee shall remain subject to the sole control and direction of the Agency. Nothing herein shall be construed as making said designee an employee or subject to control or supervision of the District. Said designee shall be referred to herein as the "Clinical Coordinator." 1 4. 5. 6. 7. 8. 9. Provide for orientation of hculty and students assigned to the facility. For preceptor programs, designate qualified agency physician, nursing andor paramedic staff to serve as clinical preceptor, referred to herein as "Clinical Preceptors," for students of the District programs. The ratio of preceptor to student shall not exceed one to two. Retain the ultimate responsibility for patient care by assuring that there is staff adequate in number and quality to insure safe and continuous health care service to individuals irrespective of student presence. It is agreed that unpaid on-the-job training experiences shal€ not provide the Agency with any immediate benefit. Provide, whenever possible, in connection with the students' clinical learning experience, reasonable classroom or conference room space. Permit, upon request, the inspection of its clinical and related facilities by agencies charged with the responsibility for accreditation of the District's programs. Provide emergency care for students and instructors in the event of illness or injury until the personal physician can be summoned. Expenses of treatment are the responsibility of the individual student or workers' compensation carrier, if applicable. Defend, indemnify and hold harmless the District, its officers, agents and students, or employees fkom and against any and alI liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury or property damage arising ikom or caused by the negligent acts or omissions of Agency, its officers, agents, physicians, or employees. The District will: 1. 2. 3. 4. 5. Veri@ that the faculty member who supervises students has a current, valid RN license andor other required credential(s). Initiate the development of mutually acceptable clinical instruction plans for using the Agency's clinical areas to meet educational goals of each health occupations program using the Agency. These plans will be made available to the Agency at a mutually agreed upon time and will be subject to revision in instances of conflict with Agency patient care responsibilities or District interests. Provide orientation for clinical preceptors. Provide faculty members to assume the responsibility for all instruction and supervision ofthe students' clinical learning experiences. The faculty member has the authority to take immediate corrective action in the clinical area at any time the student gives evidence ofbeing unable to function safely. Nothing in this Agreement shall create an employment relationship between Agency and any person acting on behalf' of District. Have the supervising faculty members plan, in coordination with designated agency employees, the assignment of patient care that will be assumed by the students while participating in their clinical learning experiences, and student attendance at selected conferences, clinics, courses, and program conducted under the direction of the Agency. 3 c 6. 7. 8. 9. 10. 11. 12. 13. 14. Require every student and faculty member to conform to all applicable Agency policies, procedures, and regulations, and all requirements and restrictions speciiied jointly by representatives of the District and the Agency. I Provide and maintain the records and reports necessary for the conduct of the students' clinical learning experiences. Be responsible for requiring and validating health examinations and such other medical examinations and protective measures as the Agency and District mutually agree to be necessary, including liability insurance in the amount of $1,000,000 for each occurrence and $3,000,000 aggregate carried for each student. The District will provide evidence of such coverage upon request of the Agency. Obtain an endorsement to its comprehensive general liability insurance policy to include instructors while in the Agency. Make provision for the faculty to engage in continuing communication and periodic evaluation and planning meetings with Agency personnel involved with student learning, including preceptors, if assigned. Any problems will be handled as they arise by the supervising faculty member and the staf€member(s) involved. If necessary, Wher assistance may be sought from the supervisors of the persons involved. In the event of continued difficulty, the problem will be referred to the appropriate Agency Administrator and the Southwestern College School of Technology and Human Services Dean. The District warrants and represents that the program(s) offered by the District are and at all times shall remain in compliance with, and has received all necessary consents and approvals required by all federal, state, and local laws and regulations applicable. If research is undertaken on human subjects by faculty andor students enrolled in the programs, appropriate measures shall be used to insure the protection of the rights and safety of each individual involved as a subject in the research. Whenever tests of any kind are administered, written consent shall be secured, or the written consent of parents/guardians, when appropriate. Maintain total student numbers and hculty/student or preceptor/student ratios which do not exceed the mutually agreed upon number and ratio for each individual program. Defend, indemnifl and hold harmless Agency, its officers, agents, physicians, students or employees fiom and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising fiom or caused by the negligent acts or omissions of District, its officers, agents, students, or employees. IT IS HEREBY FURTHER AGREED: 1. Neither the District nor the Agency shall discriminate against any students or employees on the basis of race, color, national origin, sex, marital status, parental status, or handicap in employment practices or on-the-job training experiences. 3 2. 3. 4. 5. 6. 7. The indemnification provisions contained in this Agreement are entered into pursuant to Government Code section 895.4. They are intended to eliminate the pro rata right of contribution described in Government Code section 895.6 and distribute the joint and several liability described in Government Code section 895.2 between the parties so that each party bears only the liability and cost of its own negligence. Any modification of this contract must be mutually agreed upon, written, supported by consideration and must not delete any of the elements essential to the validity of the original Agreement. This Agreement may not be assigned by either party without the prior written consent of the other party. If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall red in force and effect and shall not be affected. This contract is the sole and exclusive agreement of the District and the Agency concerning the use of health care tkcilities, and this contract correctly states the rights, duties, and obligations of each party to the other as of the date ofthis Agreement. Any prior agreements, promises, or negotiations not expressly set forth in this Agreement are of no force or effect. The term of the Agreement shall be fiom the date on which it is mutually entered into by the District and the Agency, and will expire on June 30,2004. Thereafler, it may be renewed on an annual basis for up to three successive years, upon mutual agreement of the parties. For purposes of this paragraph, the City Manager is authorized to execute any renewal of this Agreement on behalf of the Agency. Date I SOUTHWESTERN COMMUNITY COLLEGE DISTRICT M- 634 SerA A. &eta, pa. Superintendenflresident Approved by Governing Board: November 13.2002 January 15, 2003 Date Originator: Trish Axsom. Dean School of Technology and Human Services Phone: (6 19) 482-6353 Approved As To form: Marcie E. Sinclaif Vice President For Human Resources & Legal Affairs Date: .d 4 (,.