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HomeMy WebLinkAboutCALIFORNIA PARAMEDIC INST 1-2003INSURANOE NOT ON WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: AFFILIATION AGREEMENT N-2003-t22 THIS AGREEMENT, made and entered into this l ~at~day of A/0VO'~, 2003 by and between California Paramedic Institute a California Non Profit (hereinafter "("School"),, and the City of Santa Aha, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. School is an approved educational institution which offers a program of instruction leading to certification or licensure of its students as Emergency Medical Technician, Emergency Medical Technician- Paramedic and other, similar health care and prehospital providers (Students); B. As a part of the licensing and/or certification requirements Students must complete a course of study including clinical experience (Clinical Experience) on an ambulance providing the appropriate level of care and operating in normal service; C. City is a provider of emergency medical service, including both advanced life support and basic life support prehospital care and transport; D. City has agreed to assist School by providing limited "Clinical Experience" for Students, upon certain terms and conditions, so long as its participation in the program does not jeopardize patient care and/or compromise City's standards of service to its patients and clients. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. TERM. 1.1 Commencement Date. This agreement shall become effective when signed by all of the parties and completion of the written approval and certification contemplated in paragraph 2.2, 2.3 and 2.4. and terminate 12 months thereafter unless terminated earlier as provided. The term of this Agreement may be extended upon a writing executed by the Fire Chief and the City Attorney 1.2 Termination. This agreement may be terminated by either party, with or without cause, upon thirty (30) days written notice to the other party as provided herein. 2. RIGHTS AND OBLIGATIONS OF SCHOOL. 2.1 School's Accreditation. School shall maintain a qualified and accredited educational program for Students designed to provide a smooth transition into licensure/certification of Students as Emergency Medical Technicians, Emergency Medical Technician-Paramedics or other similar pre-hospital health care providers. School's program shall include programming, administration, matriculation, promotion and graduation and shall be approved or accredited by relevant licensing/certifying agencies in the state(s) and county(ies) in which School resides and in which the program contemplated herein is to operate. 2.2 Approval by Licensing/Certifying City(ies). School shall secure from all relevant licensing/certifying agencies written approval for the Clinical Experience program contemplated herein and shall maintain such approval throughout the course of the program. School shall provide City with a copy of the written approval and applicable guidelines or protocols applicable to the program before assigning a Student to the Clinical Experience program. 2.3 Student Licensure/Certification. School shall ensure that each Student enrolled in the clinical program has a provisional license/certificate enabling them to participate in this program. School shall provide City with a copy of the provisional licensnre and or certification for any Student enrolling in the Clinical Experience before the Student is allowed to participate in the program unless, the licensing/certifying agencies advise School and City, in ' writing, that provisional licensure/certification is not required and the Clinical Experience program is approved under all applicable, or potentially applicable, laws and regulations. 2.4 Approval by Doctor or City Having Medical Control. School will secure from the doctor having medical control in the state(s) or county(ies) in which program will operate, written approval for the Clinical Experience. Such written approval shall, at a minimum, define the scope of practice and required supervision of any Student participating in the course of clinical education. School will provide City with a copy of the approval contemplated in this paragraph before assigning any Student to the clinical program. 2.5 Records, School will keep and maintain accurate records for all Students participating in the Clinical Experience. The records will include the Students transcript, licensnre or certification, temporary license or certification (if applicable), pre-assessment health record, and record of history/vaccination/immunization as set forth in paragraph 2.8 hereof. School will maintain the records for a period of at least four (4) years from the date Student completes, or ceases to participate in, the Clinical Experience contemplated herein. 2.6 List of Participants, Qualifications, Objectives and Representations. School will notify City at least thirty (30) days prior to the inception ora course of Clinical Experience of the names, qualifications and performance objectives for each Student scheduled to begin their Clinical Experience. Inclusion by School of a Student's name on this list is School's representation that the Student possesses the necessary skills, licensnre/certification and immunizations to engage in the Clinical Experience. 2.7 City Rules and Regulations. School will use all reasonable efforts to cause Students to comply with City's policies, procedures, work rules and regulations, including preservation of the confidentiality of patient care and patient care records. School will, prior to allowing a Student to participate in the Clinical Experience, review patient confidentiality as well as the City's policies, procedures, work rules and regulations with Student and secure Student's agreement to abide by all such roles and regulations. 2.8 Pre-assignment Health Assessment. School will cause Student to complete a pre-assignment health assessment, at Student's or School's expense, which includes, but is not limited to: history of communicable diseases and immunizations, proof of tetanus vaccination or immunization, proof of Hepatitis B vaccination, proof of MMR vaccination, respiratory certification by a physician and PPD test. School will provide proof of satisfactory complction/vaccinatiun to City upon request. Inclusion of a Student's name on the list referenced in paragraph 2.6 is School's representation that Student has completed the preassignment assessment and is physically able to perform the tasks associated with the program. 2.9 OSHA Compliance. Prior to allowing Student to enroll in the course of clinical experience, School will educate and train Student in compliance with all relevant and required OSHA regulations including, but not limited to, Blood-borne Pathogens Standard and TB Standard. 2.10 Personal Protective Equipment. School shall provide Student with all necessary personal protective equipment as is, or may be, required by OSHA prior to assignment to the Clinical Experience. Such equipment includes, but is not limited to: safety glasses and particulate respirators. School recognizes and will inform Student that this equipment must be in the possession of the Student as a condition of their participation in the program. Failure to possess and use the required OSHA equipment will result in Student's dismissal from the program. 2.11 Assistance in Obtaining Signatures and Compliance. School recognizes that its Students have certain obligations and will be required to execute certain documentation in order to be eligible to participate in the program. School shall assist City in obtaining any necessary signatures and ensuring Student compliance with City roles and this agreement including, but not limited to, those contained in part 3 of this agreement. 2.12 Evaluation of Performance, School is responsible for and shall make arrangements with City to facilitate, and School is responsible for, evaluating Student's performance during the clinical program. 2.13 Minimum Age of Participants. School and City will only allow Students that are at least eighteen (18) years of age to participate in this program. Inclusion of a Student's name on the list referenced in paragraph 2.6 is School's representation that Student is at least eighteen years of age. 3. STUDENT OBLIGAT/ONS AND REQUIREMENTS. 3.1 Release. Student will, prior to participating in the clinical experience, read, understand and sign City's internal ride-along waiver releasing City from any and all liability and/or responsibility arising out of Students participation in the Clinical Experience. This release of claims must be executed, and on file with the City, prior to Student participation in the program. The release is a condition precedent to Student's participation in the clinical experience and no Student will be permitted on a City vehicle without having signed the release. 3.2 Pre-assignment Health Assessment. Student shall complete a pre assignment health assessment as set forth in paragraph 2.8 hereof. 3.3 City Rules and Patient Confidentiality. Student shall comply with City's procedures, policies, rules and regulations, including maintenance of patient and records confidentiality. Students, while participating in the clinical program, on City property or in a City vehicle, must meet all standards of appearance and conduct required by City of it's own employees. Student shall comply with all applicable OSHA rules or regulations. Student shall have in their possession at all times when on board an City vehicle personal protective equipment and use such equipment when, as and where designated by City personnel. 3.4 Student Intern Agreement. Student will read and execute the City Student Intern Agreement. Execution of the Student Intern Agreement is a condition precedent to participation in the Clinical Experience program. A specimen of the City Student Intern Agreement is attached to this Affiliation Agreement as exhibit 1. 4. CITY R/GHTS AND OBLIGATIONS. 4.1 City Rules. City requires Students, while participating in the clinical program, on City property or in a City vehicle, to meet all standards of appearance and conduct required by City of it's own employees. City reserves the right to refuse to allow any Student to participate in the clinical program for failure to comply with City standards. 4,2 Student's Skill Level. City reserves the right to discontinue Student's participation in the program should City, in its sole discretion, determine that Student's skill level is substandard. City will immediately advise School of any such concerns or situations. 4.3 Orientation Program. City will provide an orientation program designed to orient Student to City's rules regulations and policies prior to begimxing their Clinical Experience. 4.4 City's Control of Patient Care. City reserves the right to determine where, when and if a Student may participate in the provision of care to its patients. City will endeavor to utilize Student, and allow them to utilize as many of their skills in as many situations as possible. However, patient care is paramount and Student shall follow City's instructions with respect to the provision of patient care. 4.5 Right to Control Participation. City reserves the right to refuse to allow any Student to participate in the provision of care at the scene of an emergency where, in City's sole discretion, permitting Student to participate would endanger the Student, a patient or an employee of City or otherwise be inappropriate. 4.6 Student Evaluations. City will cooperate with School in performing evaluations of Student's clinical experience. 4.7 Provision of Clinical Experience. City will provide a Clinical Experience for as many of School's Students as possible, in City's sole discretion, in compliance with the guidelines, protocols, scope of practice provided by the licensing/certifying City and in accord with the instructions of the Doctor or City having Medical Control. 5.0 INDEMNIFICATION 5.1 Indemnity for Third Party Claims. School will save, defend, indemnify and hold harmless City, its officers, employees, agents, affiliates and representatives of and from any and all clams, suits, costs and actions arising out of the provision of this Agreement and/or Clinical Experience. This indemnity shall survive and remain enforceable after the expiration or termination of this Affiliation Agreement, provided however, that this indemnity is not intended to cover claims against City arising solely out of City's own intentional conduct. 5.2 Indemnity for Student Claims. School will save, defend, indenmify and hold harmless City, its officers, employees, agents, affiliates and representatives of and from any and all claims, suits, costs and actions brought by any Student, or their heirs, or assignees against City arising out of their participation in this program or by any patient claiming that the negligence of Student caused, compounded or exacerbated their injuries. This indemnity shall survive and remain enforceable after the expiration or termination of this Affiliation Agreement; provided, however, that this indemnity is not intended to cover claims against City arising solely out of City's own intentional conduct. 5.3 Scope of Indemnification. School will save defend, indemnify and hold harmless City, its officers, employees, agents, affiliates and representatives of and from all potential claims, actions, risks and costs incurred related to, or resulting from, this Agreement and/or the Students' participation in the Clinical Experience program and Students' exposure to the pre-hospital environment including actions brought by patients/clients of City where it is alleged that Students participation adversely impacted a patient/client outcome or condition. The risks include, but are not limited to, automobile accidents, assault, injui'y from lifting, high speed driving, exposure to infectious/contagious diseases such as hepatitis, HIV, TB, malpractice and measles. This indemnity shall survive and remain enforceable after the expiration or termination of this Affiliation Agreement, provided however, that this indemnity is not intended to cover claims against City arising solely out of City's own intentional conduct. This indemnity and hold harmless agreement applies to ail claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 5.4 Defense Obligation. The School further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 6.0 INSURANCE. 6.1 Professional Medical Liability and General Liability Coverage. School will maintain Professional Medical Liability and General Liability coverage of not less than one million dollars ($1, 000,000. 00) per occurrence and three million dollars ($3,000,000) aggregate. Coverage must specifically cover Students in the Clinical Experience, working under this agreement and within the course of their training and education during this program. School will name City as an Additional Insured under the policy and include an indemnification provision, by endorsement, to be attached to the certificate of insurance. School will provide City with written verification of coverage in the form of a certificate of insurance which will be attached to this agreement. School covenants to keep the required insurance in force and effect through the term of this agreement and maintain tail coverage for five (5) years thereafter if the coverage was a "claims made" policy. 6.2 Endorsement for Student Activities. School assures City that all coverage of insurance required herein includes specific provisions and/or endorsements to include Students within School's Medical Liability and General Liability coverage for all activities conducted under this program. 6.3 Coverage for Student Injuries. School recognizes that Students are NOT covered by City's Workers Compensation Insurance or Self Insured Program. School represents and warrants that it will maintain, or ensure that its Students are covered, for bodily injury and disease should any Student be injured or become ill during the course of their Clinical Experience. School will provide City with a written verification of insurance coverage in the form of a certificate of insurance which will be attached to this agreement. 6.4 Amount of Coverage Not a Limitation. The amount of insurance required hereunder shall not limit School's liability nor relieve School of any obligation hereunder. 6.5 Minimum Qualifications of Insurer. Any policies of insurance shall be maintained with insurance companies: (I) holding a "General Policyholder's Rating" of AIV or better, as set forth in the most current issue of"Best's Insurance Guide," or comparable rating from reputable rating organizations; (ii) licensed to operate and sell insurance in the state in which the Clinical Experience will occur; and (iii) in good standing with the state's Department of Insurance or other similar regulatory City in the state in which the Clinical Experience will occur. 7.0 NOTICES. 7.1 Notice Complete on Marling. Any notice required or permitted by this agreement shall be deemed complete when mailed by Certified Mail to: For School: Scott C. Arden RN Program Director California Paramedic Institute 23141 Lake Center Drive Lake Forest, California 92630 For City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 telefacsimile (714) 647-6956 With courtesy copies to: Fire Chief 1439 S. Broadway Santa Aha, CA 92702-1988 8.0 MISCELLANEOUS. 8.1 Interpretation. This Agreement has been negotiated between unrelated parties each of which has either been, or had the opportunity to be, represented by experienced and knowledgeable counsel. Accordingly, any rule of law, statute, ordinance, or common law principle or legal decision that would require a legal interpretation of any ambiguities in this Agreement against the party who has drafted it, is not applicable and is hereby waived. The provisions of this Agreement shall be interpreted in a reasonable manner to give effect to the purpose of the parties, and this Agreement shall not be interpreted or construed against any party to this Agreement because that party, or any attorney who represented that party, drafted this Agreement. 8.2 Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and is the final, complete, and exclusive expression of the terms and conditions of the parties agreement. All prior agreements, promises, representations, negotiations, and understandings of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 8.3 Waiver. The waiver by City of any breech of any term, condition or covenant herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, condition or covenant, nor shall any custom or practice which may grow up between the parties affect the right of City to insist on the performance by School in strict accordance with such terms. 8.4 Captions, Number and Gender. The article, title or section headings of the various provisions of this agreement are intended solely for the conYenience of reference and shall not in any way amplify, limit, or modify or otherwise be used in the interpretation of any provision. As used in this agreement, the masculine, feminine or neutral gender and the singular or plural number shall be deemed to include the other whether the context so indicates or requires. 8.5 Severability. If any provision of this agreement, as applied to any party or to any circumstance, shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall not affect (to the maximum extent permissible by la'v) any other provision of this agreement, the application of such provision under circumstances different fi.om those adjudged by the court, or the validity or enforceability of this agreement as a whole. 8.6 Amendment. No amendment or addition, modification of, or alteration of any provision contained in this agreement shall be effective unless fully set forth in writing and signed by City and School. IN WITNESS WHEREOF, we have executed this Affiliation Agreement on: ~AV~ ~CITY OF SANTA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCH, ER City Attorney Michael Vigliotta ~ Deputy City Attorney Acting Fire Chief Scott C. Arden ~N Program Director California Paramedic Institute I STUDENT INTERN AGREEMENT This agreement is entered into on who lives at .(" Student") and ,20 between ("City"). Student is enrolled in a course of study at California Paramedic Institute (School) designed to enable Student become a licensed/certified Emergency Medical Technician, Emergency Medical Technician-Paramedic or other similar prehospital health care provider. As part of the cmrieulum, Student has enrolled in the Clinical Experience which is offered through the School, with City's assistance. The Clinical Experience involves: l) Student's performing acquired prehospital skills alongside City's personnel; and, 2) accompanying and observing the City's personnel providing emergency and nonemergency ambulance transport, care and related services. Student has asked to participate in Clinical Experience knowing that participation will require Student to accompany City personnel in dangerous and potentially life threatening situations. Student realizes that City could not, and would not, allow Student to accompany its personnel without his/her agreement to: (I) release the City fi.om any and all claims for injury or death which may result fi.om Student's participation in the program; (ii) assume the risk of death or injury associated with the Clinical Experience; (iii) agree to read, understand and follow City's policies, procedures and guidelines; (iv) act in a professional and respectable manner at all times; and follow the instruction/direction of City personnel with respect to patient care, demeanor, safety, use of personal protective devices, scene control, etc. Student understands that he or she is exposing himself or herself to certain risks inherent in the activities associated with the Clinical Experience. Student hereby represents that he or she AGREES TO ASSUME THE RISKS INHERENT IN THE ACTIVITY. These risks include, but are not limited to, being hurt or injured: (1) by broken glass (or other scene hazards) including various cuts about the head, face, eyes, hands, legs, and torso; (2) by exposure to tetanus or contagious diseases such as the Hepatitis B virus and the Human Immunodeficiency Virus ("HIV"); (3) injury due to gumey lifts and or drops; (4) injury fi.om slip and fall type incidents; (5) various strains and/or sprains to one and/or all muscle groups; (6) risks associated with "Code 3" or emergency driving; and (7) risks at the scene of emergencies including assault and battery. In consideration of City's agreement to provide the Clinical Experience to Student, without cost, Student agrees to release and forever discharge City and its agents, employees affiliates, parent corporation, successors and assigns of and from all claims, demands, suits, injuries or damages of any kind arising in any way out of the participation in this program. Student further agrees to: (I) follow City's policies, procedures and work rules; (ii) follow City's instruction and direction with respect to patient care, safety, personal protection; and, abide by City rules and direction. Student understands that failure to follow the City's direction may result, in City's sole discretion, in his/her expulsion fi.om the Clinical Experience program. Student certifies that he/she is at least eighteen (18) years old and is an adult with full legal authority to execute this release. By Signing this Document You Acknowledge That You Have Been Advised That There Are Risks Inherent in this Type of Activity and Have Decided to Assume That Risk and Release the City of and from All Liability. You Agree to Release the City from Any Claims Associated with the Event and That You, Not the City, Are Assuming Complete and Total Responsibility for and Any and All Injuries, Damages or Losses That You May Suffer as a Result of Participating in the Clinical Experience Program. I agree to all terms set forth above. Dated: Signature of Student Print Name