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HomeMy WebLinkAboutC-4430 -00 COLLEGE/PREHOSPITAL PROVIDER AGREEMENT TO PROVIDE SUPERVISED FIELD SERVICE EXPERIENCE FOR EMS PROGRAM STUDENTS This COLLEGE/PRE-HOSPITAL PROVIDER AGREEMENT (hereinafter referred to as "Agreement") is entered into by and between Orange County EMT, a private college (hereinafter referred to as the "COLLEGE") and the City of Arcadia, a charter city and municipal corporation in the State of California (hereinafter referred to as the "PROVIDER"). The COLLEGE and the PROVIDER shall hereinafter sometimes be referred to individually as the"PARTY" and collectively as the"PARTIES". RECITALS The COLLEGE maintains an Emergency Medical Services Program for students studying in the fields of Emergency Medical Technician Basic ("EMT-B"), Emergency Medical Technician Intermediate ("EMT-I"), and Emergency Medical Technician Paramedic ("EMT-P") (hereinafter collectively referred to as the "EMS Program"). The EMS Program has certain requirements for students to gain supervised field experience while enrolled in the EMS Program. The PROVIDER supplies emergency medical services to the community, in particular in the City of Arcadia, which lend themselves to the provision of said supervised field experience for students of the EMS Program. The COLLETE and the PROVIDER desire and intend that the PROVIDER, and not the COLLEGE, will have complete responsibility for fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "FIRE SERVICES"),and that students in the EMS Program shall be prohibited from performing any FIRE SERVICES that are not EMS related. The students' training experience in the EMS Program will provide to them observation of the day to day responsibilities of the PROVIDER,as well as provide the required hours and field experience in emergency medical patient care in accordance with the pertinent sections of Division 9 of Title 22 of the California Code of Regulations and Division 2.5 of the California Health and Safety Code. The PROVIDER shall retain ultimate responsibility at all times for the care of all patients receiving EMS treatment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: AGREEMENT 1. The PARTIES agree that the Recitals set forth herein above are true and correct, and the Recitals are hereby incorporated herein by reference as though fully set forth herein. 2. The COLLEGE shall: a. Assume full responsibility for the preparation of instructors for positions in EMS Program. b. Be responsible for the development, organization and implementation of the EMS Program curriculum under the direction of a qualified EMS Program Director. c. Select,test and supervise the students admitted to the EMS Program at the time of admittance and throughout the period of time prescribed for the students'completion of the EMS Program. d. Provide certificated instructors to teach all prescribed courses in the EMS Program, including without limitation any instruction or training which may be carried on at the premises, location of activities or facilities of the PROVIDER. The instructors and the EMS Program Director shall be named, appointed, and assigned by the COLLEGE in accordance with its established procedures for employment of supervisorial or instructional personnel. e. Provide each EMS Program instructor an opportunity to participate in an orientation with the PROVIDER. This orientation shall be arranged through mutual cooperation of the COLLEGE and the PROVIDER. f. Provide all instructional supplies and equipment as needed for the EMS Program, except those which the PROVIDER hereinafter specifically agrees to provide. g. Provide administrative functions, including admission of students, student counseling, scheduling, student attendance, accounting, and maintenance of student achievement records, as related to the EMS Program,and all consistent with the standards maintained for all other students at the COLLEGE. h. Furnish copies of class schedules and student rotation assignments to the PROVIDER, as prepared by the EMS Program Director after consultation with the PROVIDER. i. Provide to the PROVIDER documentation that indicates and certifies that the EMT Program meets national standards and is an accredited program through CAAHEP and CoAEMSP. j. Provide to the PROVIDER a completed and executed copy of the Emergency Notification Form for each student prior to participation in the EMS Program's field training. 3. The PROVIDER shall provide the following: a. The cooperation and counsel of the PROVIDER to help ensure success of the EMS Program. b. As broad an experience to students as reasonably possible„ consistent with the PROVIDER's ongoing services and responsibilities, by providing opportunities for observation,participation,or independent activity involving day to day responsibilities of emergency medical patient care. c. Retain complete control of and responsibility for victim/patient care, as well as supervision and oversight at all times of students' participation in the PROVIDER's FIRE SERVICES. 4. Should emergency treatment be necessary for students in the event of accident or sudden illness, the cost of such treatment shall be covered by the student. It will be the duty and obligation of the COLLEGE to ensure that a claim related thereto is properly filed with the COLLEGE's risk management department. 5. The PARTIES agree that the students and staff of the COLLEGE participating in the EMS Program are not employees or agents of the PROVIDER. Nor shall they become employees or agents of the PROVIDER by virtue of their participation in the EMS Program or activities undertaken pursuant to this Agreement. However, they shall be subject to and shall abide by all of the PROVIDER's applicable rules, regulations and policies including, but not limited to, those governing professional conduct, confidentiality, discrimination, affirmative action, substance abuse, and the Blood Borne Pathogen Control Plan. In the event a student fails or refuses to do so, the PROVIDER reserves the right to deny to any such student the use of its facilities and services or participation in the PROVIDER's FIRE SERVICES. 6. Prior to beginning field training with the PROVIDER, each student in the EMS Program shall have on file with the COLLEGE's EMS Program Director documentation of the student's health status including, without limitation, documentation of negative TB test within the previous year, and of current Hepatitis B vaccination. This documentation shall be promptly provided by the COLLEGE's EMS Program Director to the PROVIDER upon request. 7. The number of students participating in the EMS Program who are assigned to the PROVIDER shall be determined by mutual agreement of the PARTIES. 8. Per Division 9 of Title 22 of the California Code of Regulations; no more than one (1) EMT student, of any level, shall be assigned to a response vehicle at any one time during the student's field training. 9. Students are not authorized to drive any of the PROVIDER's vehicles but may ride in such vehicles during their participation in the EMT Program when such vehicle is driven by an employee of the PROVIDER. 10. A strict code of confidentiality of victim/patient information shall be maintained by all participants in the EMS Program. a. As a condition of their participation, students shall sign a Statement of Confidentiality as part of the EMT Program orientation. This signature shall bind the student to maintain patient confidentiality throughout the field experience. No copies of patient records shall be made by students, and no records or copies thereof shall be removed from the PROVIDER. b. The discussion, transmission, or narration in any form by students of any individually identifiable client/patient information, medical or otherwise, obtained in the course of the EMS Program is forbidden. Students shall use only de-identified information in any discussions about the clinical experience with the COLLEGE, its employees, or agents,and only as a necessary part of the practical experience. c. In the event of a student's failure to comply with the confidentiality requirements set forth herein above, or his/her refusal to enter into a confidentiality agreement with the PROVIDER as hereinafter required, as applicable,that student shall be denied approval to participate in the EMS Program under this Agreement. 11. Initial Term and Renewal a. The term of this Agreement shall be from the date of execution of this Agreement by the last PARTY to do so,through January 30, 2025. b. One hundred eighty (180) days prior to the date of expiration of this Agreement. The COLLEGE shall give the PROVIDER written notice of whether the COLLEGE desires and intends to extend this Agreement or enter into a new agreement with the PROVIDER for EMS Program services. Any renewal of this Agreement shall require the mutual agreement of the PARTIES in writing. 12.Termination Either PARTY may terminate this Agreement, with or without cause, by providing a written notice of termination to the other PARTY no less than thirty(30) days prior to the date of termination set forth in the notice. If such notice is given unilaterally by the PROVIDER or the COLLEGE, the PROVIDER agrees that those students enrolled in the EMS Program at the time of the effective date of termination may be permitted to complete their field training with the PROVIDER pursuant to this Agreement, provided that all terms and provisions of this Agreement shall survive and shall remain in full force and effect with respect to the continued participation of such students, and with respect to those provisions of this Agreement which are necessary to cover such participation.. 13. Discrimination The COLLEGE's employees, agents, and students accessing the PROVIDER's resources pursuant to this Agreement shall not discriminate in the provision of services,allocation of benefits,accommodation in facilities, or employment of personnel on the basis of race,religion,medical condition,disability,marital status, sex, age, or sexual orientation, and shall comply with all other requirements of law regarding nondiscrimination and affirmative action including, without limitation, those laws pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities. For the purposes of this Agreement, discrimination on the grounds of race,religion,medical condition,disability,marital status,sex,age,or sexual orientation includes,but is not limited to,the following: a. Denying an eligible person or providing to an eligible person any service or benefit which is different or is provided in different manner or at a different time from that provided to other eligible persons under this Agreement. b. Subjecting an eligible person to segregation or separate treatment in any manner related to his/her receipt of any service or benefit, except when necessary for infection control. c. Restricting an eligible person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving a similar service or benefit. d. Treatment of an eligible person differently from others in determining whether he/she has satisfied any eligibility, membership, or other requirement or condition which individuals must meet in order to be provided the same or similar service or benefit. e. The assignment of times or places for the provision of services based on race, religion, medical condition, disability, marital status, sex, age or sexual orientation of the eligible person to be served. 14. Insurance The COLLEGE shall purchase and maintain during the duration of this Agreement,and after the expiration of this Agreement as provided below,the following insurance coverage: a. Worker's compensation and employer's liability coverage for the COLLEGE's legal and statutory obligations for damages due to bodily injuries either by accident or disease, occurring to the COLLEGE's employees,agents,or servants as a result of employment. b. General liability covering the COLLEGE, its officials, agents, students, and employees,for death or bodily injury, personal injury, or property damage claims arising out of the premises,products or activities of the COLLEGE. Minimum limits of liability for the above coverage shall be $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury and property damage. c. Professional liability covering the COLLEGE, its officials, agents, and employees, for death, bodily injury and personal injury claims of victim/patients arising out of the rendering or failure to render care by the COLLEGE or its agents, students or employees. Minimum limits of liability shall be $1,000,000 per incident and $3,000,000 annual aggregate. In the event such coverage is through a"claims made policy and is either cancelled, replaced or non-renewed, the COLLEGE shall obtain and maintain extended coverage ("tail") insurance covering occurrences during the effective period of this Agreement. d. All students performing field work, internships and similar activities who are registered for-credit courses for which the internships are required shall be covered by the COLLEGE's general and /or professional liability insurance with blanket policies. e. The policies required hereunder shall provide for written notice to the PROVIDER at least thirty (30) days prior to the cancellation or modification of any above-mentioned insurance. f. The COLLEGE shall provide to the PROVIDER certificates of insurance as evidence that all insurance coverage required under this Agreement has been obtained and is in full force and effect. The PROVIDER shall be named on all policies required under this Agreement, other than worker's compensation and professional liability insurance, as an additional insured, and the COLLEGE shall provide to the PROVIDER copies of all such endorsements naming the PROVIDER as additional insured. Certificates of Insurance must be provided to the PROVIDER within five (5) days of the effective date of this Agreement, and replacements thereafter provided to the PROVIDER prior to the expiration date noted upon each certificate or endorsement,. Such policies and the insurers thereunder shall be subject to reasonable and good faith approval by the PROVIDER. 15. Indemnification and Hold Harmless To the fullest extent permitted by law, the COLLEGE shall and does agree to indemnify, protect, defend and hold harmless the PROVIDER, its officials, officers, employees and agents, (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits awards, judgments and expenses, attorney and /or consultant fees and costs, taxable or otherwise, of any nature, kind, or description, brought or incurred by any person or entity, directly or indirectly arising out of, caused by , or resulting from (1) the services performed by the COLLEGE or the activities of its students hereunder, (2) this Agreement, including any approved amendments or modifications thereof, or (3) any negligent act of omission, or willful misconduct, of the COLLEGE and its students, officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing,the only Liabilities with respect to which the COLLEGE'S obligation to indemnify, including the cost to defend, the Indemnities donot include the extent to which Liabilities result from the negligence or willful misconduct of an Indemnitee. 16. Disputes The COLLEGE shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of the COLLEGE, be available for contractual issue or dispute resolution, or policy intervention, with the PROVIDER,upon determination by the PROVIDER's Fire Chief that a situation exists under this Agreement in which a decision or action by the COLLEGE has the potential to conflict with the PROVIDER's interests or policies. Any dispute concerning a question of fact arising under the terms of this Agreement which is not resolved within a reasonable period of time by the COLLEGE's and the PROVIDER's employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each PARTY for joint resolution. For purposes of this Section 16,a"reasonable period of time"shall be ten(10) calendar days or less. The COLLEGE and the PROVIDER agree to continue with their respective responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between the COLLEGE's and the PROVIDER's representatives may be resolved, by mutual agreement of the PARTIES, through alternate forms of dispute resolution including, but not limited to mediation or non-binding arbitration. The costs associated with the selected form of dispute resolution, such as mediation or non-binding arbitration,shall be shared equally between the PARTIES. If the alternate form of dispute resolution does not resolve the issue(s), the PARTIES reserve the right to seek remedies as provided by law or in equity. Venue for litigation shall be in Los Angeles County. 17.Delivery of Notices Any notices to be served pursuant to this Agreement shall be considered delivered when deposited, and received three (3) days after deposit, in the United States mail and addressed to: PROVIDER COLLEGE City of Arcadia Orange County EMT 240 West Huntington Drive 26489 Rancho Parkway Arcadia, CA 91006 Lake Forest, CA 92630 ATTN: Fire Chief ATTN: President Notices may also be transmitted by e-mail to the other PARTY and if so delivered,shall be deemed received on the date of such transmission. Provisions of this Section 17 do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder,effective when such service is made. 18.Entire Agreement This Agreement contains the whole agreement between the PARTIES concerning the matters set forth herein. It may be amended or modified only upon the mutual written agreement of the PARTIES. This Agreement does not supplement other specific agreements entered into between the PARTIES for equipment or facilities,and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original,and all of which when taken shall constitute one and the same instrument. IN WITNESS WHEREOF, the duly authorized officials of the PARTIES hereto have, in their respective capacities, set their hands as of the dates set forth below. DATED: 9/46Z/ Orange County EMT Name: Corey Gremel Title: Program Director By: DATED: 9^/'2/ Orange County EMT Name:Andrew Kilian Title: Chief Operating Officer By: DATED: q— 7 2 City of Arcadia Name: Dominic Lazzaretto Title: City Manager B` '�mii11111111111111I �-- DATED: 09/08/2021 City of Arcadia Name: Stephen P. Deitsch Title:firAttorney By: /. /` for DATED: 9/1/2021 City of Arcadia Name: Barry Spriggs Title: Fire Chief By: