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HomeMy WebLinkAboutC-4188 MT. SAC . Mt.San Antonio College AFFILIATION AGREEMENT BETWEEN MT. SAN ANTONIO COLLEGE AND THE CITY OF ARCADIA THIS AFFILIATION AGREEMENT is made and entered, in duplicate, as of October 16, 2018, by and between Mt. San Antonio College, 1100 N. Grand Avenue, Walnut, CA 91789, a Community College District (hereinafter referred to as "Program"), and the City of Arcadia, 240 W. Huntington Drive, Arcadia, CA 91006, a charter city and municipal corporation (hereinafter referred to as "Affiliate"), with reference to the following facts: RECITALS: WHEREAS, Program conducts training and instruction programs for students leading to certification and licensure as EMT-Paramedics in the State of California (hereinafter collectively referred to as "Trainees"); and WHEREAS, said training requires a 480-hour field internship for Trainees to obtain broader pre-hospital learning experiences in a location providing primary 911 service; and WHEREAS, Affiliate is an approved emergency medical services provider; and WHEREAS, it is in the mutual interest and benefit of the parties that Trainees obtain their field experience at Program's facilities. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth below, the parties agree as follows: - 1 - RESPONSIBILITIES OF PROGRAM Program agrees that it shall: A. Establish the educational goals and objectives of the paramedic education program in a manner consistent with the standards and requirements set forth by Federal, State and local accreditation standards. Such goals and objectives shall reflect Program's commitment to providing education and training programs to Trainees. B. Designate a member of Program's staff to provide coordination, oversight and direction of Trainee's educational activities and assignments. Such person shall be the Clinical Coordinator and shall also act as liaison with Affiliate. C. Collect each Trainee's completed, physician-signed health assessment, which shall include a history of immunizations, proof of Hepatitis B vaccination or immunization, proof of MMR vaccination, proof of negative TB test, and proof of varicella titer. D. Educate trainees regarding compliance with all required OSHA regulations including, but not limited to, Blood-borne Pathogen Standards. E. Furnish each Trainee with a field internship manual or materials that describe the goals, policies, and procedures of the Program. Affiliate shall have the opportunity to review and comment on these materials. F. Develop and implement a mechanism for determining evaluation of the performance of Trainees to include, where appropriate, input from Affiliate. G. Maintain records and reports concerning the education of Trainees, which shall include the Trainee's licensure/certification, pre-assignment health assessment record, history of immunizations, and confirmation of background check. H. Require assigned Trainees to: 1. Comply with Affiliate's applicable policies, procedures and guidelines, and applicable state and federal laws and regulations, including those concerning the confidentiality of patient care and patient care records; and 2. Have all required personal protective equipment including, but not limited to, safety goggles and an appropriate uniform. - 2 - II. RESPONSIBILITIES OF AFFILIATE Affiliate agrees that it shall: A. Maintain adequate staff to meet the educational goals and objectives of the Program in a manner consistent with the standards and requirements established by Program and Affiliate. B. Assign each Trainee a preceptor with appropriate training and experience to supervise the Trainee during each field assignment. The preceptor shall monitor the Trainee's progress and evaluate the Trainee at the end of each shift on forms provided by the Program. The preceptor shall be current with Local Emergency Medical Services Agency (LEMSA) as an authorized preceptor. C. Designate, after consultation with Program, a person to coordinate Trainees' schedules and activities while working with Affiliate. Such person shall be the Program Coordinator and shall act as liaison with Program. The name of Affiliate's Program Coordinator shall be provided to Program's Clinical Coordinator. D. Implement schedules for Trainees in conjunction with the Clinical Coordinator and in accordance with Program's educational goals and objectives. Program shall determine the number of Trainees permitted to rotate through the training. Affiliate is ultimately responsible for patient care. E. Protect the health and safety of Trainees on rotation with Affiliate by providing each Trainee with the following: 1. A brief orientation of the fire station and its emergency apparatus where Trainee will be working, and information about Affiliate's security measures, fire safety, response to violent incidents and disaster protocols, as well as any additional recommended personnel safety and security precautions; 2. Instruction in Affiliate's policies and procedures for infection control, including the handling and disposal of needles and other sharp objects, and in Affiliate's protocols for on-the-job injuries, including those resulting from needlestick injuries and other exposures to blood or body fluids or airborne contaminants; - 3 - 3. First aid and other emergency treatment on-site, including, but not limited to, immediate evaluation for risk of infection and appropriate follow-up care of Trainee in the event of a needlestick injury to or other exposure of Trainee to blood or body fluids or airborne contaminants. In the case of suspected or confirmed exposure to the human immunodeficiency virus (HIV) or hepatitis, such follow- up care shall be consistent with the current guidelines of the Centers for Disease Control ("CDC") and the community's standard of care. Information regarding the CDC may be obtained by calling (800-342-2437). Any costs incurred in the treatment of Program Trainees shall be the sole responsibility of Program and/or Trainee. 4. Access to personal protective equipment and training for emergency response to violent incidents. F. Maintain its approval as an emergency medical service provider and comply with all applicable laws, regulations and Program requirements. Affiliate shall notify Program within five days of receipt of notice that Affiliate is not in compliance with any such laws, regulations, or Program requirements. G. Permit inspection of its fire station, emergency apparatus and related facilities by the Clinical Coordinator or other Program faculty and staff. H. With respect to any professional services performed by Trainees under this Agreement, Affiliate agrees to inform Program and its Clinical Coordinator as follows: 1. Immediately upon initiation of an investigation into the conduct of a Trainee; 2. Immediately upon receipt of service of a complaint, summons or notice of a claim naming a Trainee; or 3. Prior to making or accepting a settlement offer in any lawsuit or legal claim in which a Trainee has been named or in which a settlement is being proposed on their behalf. Program represents and warrants that it will maintain, or ensure that its Program Trainees are covered under, Workers' Compensation Insurance should any Program Trainee be injured or become ill during the course of - 4 - their field internship. Program will provide Affiliate written verification of insurance coverage in the form of a certificate of insurance prior to the commencement of the program. III. DISCRIMINATION — PROHIBITION Program and Affiliate agree not to discriminate in the selection or acceptance of any Trainee pursuant to this Agreement because of race, color, national origin, religion, sex, sexual orientation, mental or physical disability, age, veteran's status, medical condition (cancer related) as defined in section 12926 of the California Government Code, ancestry, marital status, or citizenship, within the limits imposed by law or Program policy. IV. TERM This Agreement shall commence on January 1, 2019 and terminate on December 31, 2021. V. TERMINATION Notwithstanding any other provisions to the contrary, this Agreement may be terminated with or without cause at any time by either party upon ninety (90) days' prior written notice to the other party or upon completion of the rotations of all of the currently enrolled trainees, whichever is longer. VI. INSURANCE A. As a condition precedent to the effectiveness of this Agreement, Affiliate shall maintain insurance or self-insure its activities in connection with this Agreement by maintaining programs of self-insurance as follows: 1. Professional Medical Liability self-insurance with limits of one million dollars ($1 ,000,000) per occurrence, with no annual aggregate limit. If such insurance is written on a claims-made form, it shall continue for five years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement and a deductible of no more than five hundred thousand dollars - 5 - ($500,000). In the event that a claims-made policy is canceled or non-renewed, then the insured party shall obtain extended reporting (tail) coverage for the remainder of the five (5) year period. 2. General Liability Self-Insurance Program with a limit of one million dollars ($1 ,000,000) per occurrence and no annual aggregate limit. If such insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement. 3. While in the performance of this Agreement, Program Trainees serve as volunteers at Affiliate's facilities without compensation and are not to be considered officers, employees or agents of Program for workers' compensation coverage. 4. Such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance. It should be expressly understood, however, that the coverages required under this Section VI.B.1 and 2 shall not in any way limit the liability of the Program. The coverages referred to under paragraph 2 of this Section VI.A. shall include Affiliate as an insured. Such a provision, however, shall only apply in proportion to and to the extent of the negligent acts or omissions of Program, its officers, agents, Trainees, and/or employees. Program, upon the execution of this Agreement, shall furnish Affiliate with Certificates of Self-Insurance evidencing compliance with all requirements. Certificates shall further provide for thirty (30) days' advance written notice to Affiliate of any modification, change or cancellation of any of the above self-insurance coverages. VII. INDEMNIFICATION A. Affiliate shall defend, indemnify and hold Program, its officers, employees, agents and Trainees harmless from and against any and all liability, loss, - 6 - 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, loss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Affiliate, its officers, employees, or agents. B. Program shall defend, indemnify and hold Affiliate, 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, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Program, its officers, employees, agents, or Trainees. VIII. COOPERATION IN DISPOSITION OF CLAIMS Affiliate and Program agree to cooperate with each other in the timely investigation and disposition of audits, peer review matters, disciplinary actions and third-party liability claims arising out of any services provided under this Agreement or in the operation of the Program. The parties shall notify one another as soon as possible of any adverse event which may result in liability to the other party. It is the intention of the parties to fully cooperate in the disposition of all such audits, actions or claims. Such cooperation may include, but is not limited to, timely notice, joint investigation, defense, disposition of claims of third parties arising from services performed under this Agreement, and making witnesses available. Program shall be responsible for discipline of Trainees in accordance with Program's applicable policies and procedures. To the extent allowed by law, Affiliate and Program shall have reasonable and timely access to the medical records, charts, and/or quality assurance data of the other party relating to any claim or investigation related to services provided pursuant to this Agreement; provided, however, that nothing shall require either Affiliate or Program to disclose any peer review documents, records or communications which are privileged under Section 1157 of the - 7 - California Evidence Code, under the Attorney-Client Privilege or under the Attorney Work-Product Privilege. IX. PATIENT RECORDS Any and all of Affiliate's medical records and charts created at Affiliate's facilities as a result of performance under this Agreement shall be and shall remain the property of Affiliate. Both during and after the term of this Agreement, Program shall be permitted to inspect and/or duplicate, at Program's expense, any individual charts or records which are: (1) necessary to assist in the defense of any malpractice or similar claim; (2) relevant to any disciplinary action; and/or (3) for educational or research purposes. Such inspection and/or duplication shall be permitted and conducted pursuant to commonly accepted standards of patient confidentiality in accordance with applicable federal, state and local laws. X. INTERRUPTION OF SERVICE Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, labor disputes, riots, earthquakes, or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. In the event the interruption of a party's services continues for a period in excess of thirty (30) days, the other party shall have the right to terminate this Agreement upon ten (10) days' prior written notice to the other party. XI. ATTORNEYS' FEES Except as expressly provided for in this Agreement, or as authorized by law, neither the Program nor the Affiliate shall recover from the other any attorneys fees or other costs associated with or arising out of any legal, administrative or other proceedings filed or instituted in connection with or arising out of this Agreement or the performance of either the Affiliate or the Program thereunder. - 8 - XII. ASSIGNMENT Neither Affiliate nor Program shall assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other. XIII. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been a part of the Agreement, and the remaining provisions shall remain in full force and effective unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement. XIV. WAIVER Waiver by either party of any breach of any provision of this Agreement or warranty of representation herein set forth shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative. XV. EXHIBITS Any and all exhibits attached hereto are incorporated herein by reference and made a part of this Agreement. XVI. MODIFICATIONS AND AMENDMENTS This Agreement may be amended or modified at any time by mutual written consent of the authorized representatives of both parties. Affiliate and Program agree to amend this Agreement to the extent amendment is required by an applicable regulatory authority and the amendment does not materially affect the provisions of this Agreement. - 9 - XVII. USE OF NAME Neither party shall use the name of the other, including the name of Mt. San Antonio College, without the prior written consent of an authorized representative of the party. XVIII. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement and supersedes any prior agreements, oral or written, and all other communications between the parties relating to such subject matter. XIX. GOVERNING LAW This Agreement shall be governed in all respects by the laws of the State of California. XX. NOTICES All notices required under this Agreement shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage paid, certified mail, return receipt requested, and addressed as follows: TO PROGRAM: Mt. San Antonio College 1100 N. Grand Avenue Walnut, CA 91789 Attn: Sam Agdasi Dean, Technology & Health Division TO AFFILIATE: City of Arcadia Arcadia Fire Department, Station 105--Headquarters 710 S. Santa Anita Avenue Arcadia, CA 91006 Attn: Battalion Chief Kevin Valentine - 10 - The parties have executed this Agreement as set forth below. MT. SAN ANTONIO COLLEGE By: y410 Date: Name:William T.Scrogg ins,P 4. Title:President/CEO —82 By: /fiff /1Date: a/62 ) e Name: Sam Agdasi Title: Dean, Technology & Health Division CITY OF ARCADIA ____ BY: �y Date: r , € Name: Dominic Laz tto Title: City Manager Approved as to form: ' 19— r) 4 -- / By: Date: MA - ` ' ""I a ` Name: Stephen P. Deitsch Title: City Attorney ATTEST: By: ' h$ Vth 1 r ''n Date.itle: Cit lerk 1 ey/ — 11 -