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HomeMy WebLinkAbout06. Auth the College-Prehospital Provider Agrmt between Orange County EMT & City of DowneyI I rZym 0 • • • THE CITY MANAGER BY: MARK GILLASPIE, FIRE CHIEF ANNNNNNMM�+ SUBJECT: COLLEGE/PREHOSPITAL PROVIDER AGREEMENT BETWEEN ORANGE • EMT AND THE CITY • r• That the City Council authorize the College/Prehospital Provider Agreement between Orange County EMT and the City of Downey. There is no projected fiscal impact from this agreement. ATTACHMENTS Attachment A College/Prehospital Provider Agreement Attachment B Certificate of Liability Insurance This COLLEGE/PRE-HOSPITAL PROVIDER AGREEMENT (hereinafter referred to as "Agreement") is entered into by and between the Orange County EMT, (hereinafter referred to as "COLLEGE" and the City of Downey by and on behalf of the Downey Fire Department, (hereinafter referred to as "PROVIDER"). The COLLEGE and PROVIDER shall collectively be referred to herein as "THE PARTIES". 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"), 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 which lend themselves to the provision of said supervised field experience for students of the EMS Program. The PROVIDER shall retain complete responsibility for fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials gation, technical rescue response, medical emergency services, and public service assists (hereinafter called "FIRE SERVICES"). Students in the program are restricted from performing any FIRE SERVICES that are not EMS related. The students training experience will provide 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 correlation with the Downey Fire Department Internship Field Guide 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: 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 EW 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 student's completion of the EMS Program. ,t. Provide certificated instructors to teach all prescribed courses in the EMS Program, including any instruction or training which may be carried on at the PROVIDER. The instructors and the Director of EMS Program shall be named, appointed, and assigned by the COLLEGE in accordance with its established procedures for employment of instructional personnel. c. Provide each new instructor an opportunity to participate in an orientation with the PROVIDER. This orientation shall be arranged through mutual agreement 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, counseling, scheduling, attendance, accounting, and achievement records in connection with the EMS Program. Similar to those maintained for all other students at California EMS Program. h. Furnish copies of class schedules and student rotation assignments to the PROVIDER, prepared by the EMS Program Director after consultation with the PROVIDER. i. Provide documentation that recognized the EMT - Paramedi(o program meets national standards and is an accredited program through CAAHEP and CoAEMSP. All a. The cooperation and counsel of the PROVIDER to help ensure success 1f the EMS program. b. As broad an experience as possible with opportunities for observation, participation, or independent activity involving day to day responsibilities of emergency medical patient care through the program offered by the PROVIDER. c. Retain complete control and responsibility of victim/patient care as well as supervision and oversight of students participation at all times. 3. 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. College shall hold harmless, indemnify and defend Provider for any claim filed by Student. It will be the duty and obligation of the COLLEGE to insure that a claim is properly filed with the COLLEGE's Risk Management Department. The parties agree that the standards of the EMS program shall be maintained at a level equal to or exceeding those required by the State of California as outlined in section of title of the Code of Regulations. 4. The Parties agree that the students and employees 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, but shall be subject to and shall abide by all PROVIDER rules, regulations, and policies, including, but not limited to: those governing professional conduct, confidentiality, discrimination, affirmative action, substance abuse, and Blood Borne Pathogen Control Plan. In the event a student or employee of COLLEGE fail or refuse to do so, the PROVIDER reserves the right to deny the use of its facilities and services by such student or employee. 5. Each student in the EMS Program, prior to beginning field training with the PROVIDER, shall have on file, documentation of health status with the College EMS Program Director including: documentation of negative TB test within the previous year, and current Hepatitis B vaccination. This documentation shall be provided by PROVIDER upon request. 6. The number of students participating in the EMS Program who are assigned to the PROVIDER shall be determined by mutual agreement of the Parties. 7. 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. V,. Students are not authorized to drive any PROVIDER vehicle, but may ri•- • • eduring their participation in this program when driven by a PROVIDER employee. 9. A strict code of confidentiality of victim/patient information from t1a Portability and Accountability Act (HIPAA) shall be maintained by participants in the EMS Program. i t. Students will sign a Statement of Confidentiality as part of the Orientation. This signature binds the student to maintain patient confidentiality throughout the field experience. No copies of patient records shall be made, 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 hall use de -identified information only in any discussions about the clinical experience with the COLLEGE, its employees, or agents as a necessary part of the practical experience. c. In the event of a student's failure to comply with the confidentiality requirements states herein shall be grounds for removal from PROVIDER'S facilities, or his/her refusal to enter into a confidentiality agreement hereinafter required to be entered into with the PROVIDER's resources, as applicable, shall be denied approval to participate under this Agreement. RVIN a. The term of this Agreement shall be from the last date of final execution to January 30, 2022. b. One hundred eighty (180) days prior to the date of expiration of this Agreement. Either party shall give the other party written notice of whether the party intends to extend this Agreement or enter into a new agreement for EMS Program Services. Either party to this Agreement may terminate this Agreement by providing written notice of termination to the other party hereto no less than thir days before the effective date of termination. If such notice is given unilaterally by PROVIDER or COLLEGE, PROVIDER agrees those students enrolled at the time in the COLLEGE EMS Program may be permitted to complete their field training pursuant to and under this Agreement in thesole discretion of the PROVIDER on the condition the COLLEGE agrees to continue the effectiveness of the provisions of this Agreement with regard to the students. I Menrellrop-Mer, The COLLEGE employees, agents, and students accessing PROVIDER resources hereunder 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 those laws pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities. For the purposes of this Agreement, distinction on the grounds of race, religion, medical condition, disability, marital status, sex, age, or sexual orientation include, but not limited to, the following: ;t. 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 on the basis of race, religion, medical condition, disability, marital status, sex, age or sexual orientation of the eligible person to be served. ""WITIM, COLLEGE shall purchase and maintain during the duration of this Agreeme and after the expiration of this Agreement as provided below, the followi insurance coverage: I Worker's compensation and employer's liability coverage for College's legal and statutory obligations for damages due to bodily injuries either by accident or disease, occurring to College's employees, agents, or servants as a result of employment. b. General liability covering College, its agents, students, employees, and servants for 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 $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury and property damage. c. Professional liability covering College, its agents, employees, and servants for bodily injury and personal injury claims of victim/patients arising out of the rendering or failure to render care by Staff, College or its agents, students, employees or servants. Minimum limits of liability shall be $2,000,000 per incident. In the event such coverage is through a "claims made policy and is either cancelled, replaced or non -renewed, 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 in for -credit courses for which the internships arc required are covered with the College's general and /or professional liability insurance with blanket policies. e. The policies required hereunder shall provide for written notice to Provider at least thirty (30) days prior to the cancellation or modification of any above-mentioned insurance. F. College shall provide Provider with certificates of insurance as evidence that all coverage required under this Agreement listed above have been obtained and are in full force and effect. Provider shall be named on all policies required under this Agreement as an additional insured per the requirements of this Agreement. Certificates of Insurance must be supplied within five (5) days of effective date of this Agreement, and thereafter prior to the expiration date noted upon each certificate. Such policies and the insurers thereunder shall be subject to reasonable and good faith approval by Provider. g. It is understood and agreed that Orange County EMT is a self-insured public agency of the State of California. The school also maintains self-insurance programs to fund its respective liabilities. To the fullest extent permitted by applicable law, COLLEGE shall and dol agree to indemnify, protect, defend and hold harmless PROVIDER, i agencies, departments, directors, officers, agents, employees, elected al appointed officials and representatives (collectively, "indemnitees") for, fro and against any and all liabilities, claims, damages, losses, liens, causes action, suits awards, judgments and expenses, attorney and /or consulta fees and costs, taxable or otherwise, of any nature, kind, or description of an person or enemy, directly or indirectly arising out of, caused by, or resultin from (1) the services performed hereunder, by COLLEGE and /or student, any part thereof, (2) the Agreement and obligations of COLLEG including any approved amendments or modifications, or (3) a negligent acts of omission or willful acts misconduct or omissions COLLEGE and / or student, its officers, employees, subcontractor agents, or representatives (collectively, "liabilities"). Notwithstanding t foregoing, the only liabilities with respect to which COLLEGE'S obligation indemnify, including the cost to defend, the Indemnities does not app is with respect to Liabilities resulting from the sole negligence or willf' misconduct of an Indemnitee, or to the extent such claims to not ari out of, pertain to or relate to the Agreement. To the fullest extent permitted by applicable law, PROVIDER shall and do agree to indemnify, protect, defend and hold harmless COLLEGE, its agencie districts, special districts and departments, their respective directors, office elected, and appointed officials, employees, agents and representativ (collectively, "Indemnitees") for, from and against any and all liabilitie claims, damages, losses, liens, causes of action, suits, awards, judgments, a• expenses, attorney and/or consultant fees and costs, taxable or otherwise, any nature, kind or description or any person or entity, directly or indirect arising out of, caused by, or resulting from (1) the Services perform hereunder by PROVIDER, or any part thereof, (2) the Agreement, includi any approved amendments or modifications, or (3) any negligent act omission of PROVIDER, its officers, employees, subcontractors, agents, representatives (collectively, "Liabilities"). Notwithstanding the foregoin the only Liabilities with respect to which PROVIDER's obligation indemnify, including the cost to defend, the Indemnitees does not apply with respect to Liabilities resulting from the negligence or willful miscondu of an Indemnitee, or to the extent such claims do not arise and/or, pertain or relate to the Scope of Work in the Agreement. fldl�, M Disputes under contract, parties will meet informally to resolve. If no resolution, either party can terminate per Section II. Any notices to be served pursuant to this Agreement shall be consider delivered when deposited in the United States mail and address to: I PROVIDER COLLEGE Downey Fire Department Orange County EMT Downey City Hall 26429 Rancho Parkway South#150 11111 Brookshire Ave Lake Forest, CA 92630 Downey, CA 90241 Provisions of this section 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. This Agreement contains the whole contract between the parties for the provision of field experience to College's EMS program schedule. It may be amended or modified upon the mutual written consent of the parties hereto. This Agreement does NOT supplement other specific agreements entered into by both 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 service. 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 date first here in .?bove written. Name: Corev Greniel Title: Chief Executive Officer By: 11A : 11/29/2018 Orange County EMT R I r, TOM f � Title: Secretary & Chief Operatitip- 0 By: City of Downey by and on behalf of The Downey Fire Department MMMMUHEM�= UMEM 0 HEM Approved As To Form: try Attorney , ran IeAy b� A 1 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIYYYY) 111 1 7/17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: r Lindsay LUXenDerg -- - - Sav-Lux Insurance Services PHONE1 o. Emq 888-728-5891 FAX Nol: 949-420-2156 P.Q. Box 74913 ADDREss. Lindsay €x savlux coon INSURER(S) AFFORDING COVERAGE NAIC # San Clemente CA 92673 INSURER A: Mesa Underwriters Specialty Insurance INSURED INSURER B: State Compensation Insurance Fund Orange County EMT INSURER C: American Casualty Company of Reading, Pennsylvania 26429 Rancho Parkway INSURER D : Lloyd's of London Unit 150 INSURER E: Lake Forest CA 92630 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS iNSR A13DL SUBR POLICY EFF POLiCW EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDNYYY) (MMIDDNYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR PREM SES rE occu ence) $ 100,000 B Y MP0004007015125 5/2812019 5/28/2020 GEN'L AGGREGATE LIMIT APPLIES PER: I --- PRO_ X P6l_i+.`f rECI LOC OTHER. - - - ----- ------ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS .AUTOS UMBRELLA LIAR I OCCUR EXCESS LIARI CLAIMS -MADE' COED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ( N ANY PROPRIETOR/PARTNEWEXECUTIVE B OFFICER/MEMBER EXCLUDED?'W 9 N / A 923834818 (Mandatory in NH) e If yes, describe under DESCRIPTION OF OPERATIONS below MED EXP (Any one person) s 5,000 PERSONAL & ADV INJURY $ Excluded GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGO $ Excluded i liv°°ti+SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accldenq n PROPEiti'Y DAMAGE q, (Per accident) EACH OCCURRENCE AGGREGATE i"K;)�,l _:I ATUTE ( ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE S 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability 0127309331 6/1/2019 6/1/2020 Limit: $$2,000,000 Claim/$5,000,000 Agg D Abuse and Molestation M1-0004007015125 5/28/2019 5/28/2020 Limit: $25,000 Occ/$50,000 Agg DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Downey and it's officers, officials, ACCORDANCE WITH THE POLICY PROVISIONS. employees, agents and volunteers AUTHORIZED REPRESENTATIVE 11111 Brookshire Avenue ,� Downey CA 90241 fre'f'lw a rt r.r`,P C' F 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD