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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:
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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.
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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;
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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
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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
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($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,
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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
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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.
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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.
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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
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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
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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/
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