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FD Paramedic Training; Santa Rosa Junior College DistrictAGREEMENT FOR PARAMEDIC TRAINING FIELD INTERNSHIP EXPERIENCE This Agreement is made and entered into this /M day of ( Age— , 2016, by and between the CITY OF SAN RAFAEL, a California Charter City (hereafter, the "CITY"), and SANTA ROSA JUNIOR COLLEGE DISTRICT, a California Junior College District (hereafter, the "DISTRICT"). RECITALS WHEREAS, DISTRICT operates the Santa Rosa Junior College (hereafter, the "COLLEGE"); and WHEREAS, as part of the educational program at the COLLEGE, DISTRICT offers a paramedic training program which provides prehospital care training for persons desiring to become paramedics in accordance with the provisions of S.B. 125 and California regulations pertinent to paramedic training; and WHEREAS, in order to provide prepared paramedics to the community, DISTRICT, through its COLLEGE, and CITY desire to cooperate in a program through which students participating in the paramedic program at COLLEGE are able to obtain field internship experience by being assigned to mobile intensive care units operated by CITY's fire department (hereafter, the *'PROGRAM"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: OBLIGATIONS OF DISTRICT DISTRICT, through the COLLEGE, shall perform the following obligations, duties and activities: a) Select the individual students who will participate in the PROGRAM (hereafter "Students"), and such selection will be made without regard to race, creed, color, sex, handicap, or national origin of the Student; b) Provide to CITY, in writing, biographical data, health status, and other appropriate information regarding each Student participating in the PROGRAM at least two (2) weeks prior to the start of the PROGRAM. A Student who is pregnant may be assigned to CITY unless and until one of the following occurs: (1) she decides for health reasons that it is in her best interest to withdraw; (2) her physician advises her to withdraw; or (3) the Faculty instructor, after considering the physical activity necessary to perform duties, decides the Student should withdraw. There is no maximum period of gestation that must be established prior to withdrawal; C) Upon request, provide to CITY, in writing, any additional information regarding students participating in the PROGRAM; q_3 -U2 -P d) Make available appropriate instructors and staff ("Faculty") to supervise all instruction and internship experience with CITY, including, but not limited to participating in an orientation for Faculty and Students regarding the policies and regulations of the CITY; participating in informal and formal evaluations of PROGRAM Students; scheduling regular periodic visits with PROGRAM Students; and scheduling regular meetings with CITY'S preceptor concerning all aspects of the administration of PROGRAM. In certain circumstances and by mutual agreement, direct PROGRAM supervision of Students may be delegated by Faculty to CITY staff; e) Instruct Students and instructors concerning all laws and regulations concerning confidentiality of patient information and records including but not limited to the Health Insurance Portability and Accountability Act and Medical Records Privacy Act; f) Instruct and inform Students that each Student shall be responsible for: I ) Knowing and complying with all administrative and patient care policies, procedures, rules and regulations of CITY, and with all County of Marin EMS (Emergency Medical Service) rules, policies and procedures; 2) Obtaining and using necessary and appropriate uniforms in conformance with CITY requirements; 3) Providing for their own transportation and living arrangements at their own personal expense, when not otherwise provided by the CITY; 4) Complying with all health screening, physical conditioning or other health status requirements of the position; 5) Performing the duties of a paramedic intern while participating in the PROGRAM. 2. OBLIGATIONS OF CITY CITY shall perform the following duties, obligations and activities: a) Make CITY'S paramedic facilities available to COLLEGE'S Students to participate in the PROGRAM; b) Provide a preceptor, who shall be a CITY employee and mutually agreeable to CITY and COLLEGE, to supervise Students participating in the PROGRAM; C) Establish a CITY EMS PROGRAM Coordinator who shall maintain ongoing communication with COLLEGE'S Faculty and coordinate with them all aspects of the PROGRAM, including but not limited to: 1) The number of Students participating in the PROGRAM prior to start of the PROGRAM, as agreed by CITY, which number may be modified from time to time by mutual agreement upon the request of either party; z 2) The period of time of each Student's participation in the PROGRAM; 3) The learning objectives to be achieved by each Student participating in the PROGRAM; said objectives shall be provided to student prior to start of the PROGRAM; 4) Reasonable extensions of the PROGRAM if needed by and useful to, a particular Student. d) Provide the preceptor's duty schedule to COLLEGE. Students' duty hours shall correspond to the preceptor's duty schedule; e) Ensure that CITY'S EMS PROGRAM is sufficiently staffed to ensure safe and continuous health care services to CITY'S patients while Students are participating in the PROGRAM; f) Maintain complete attendance and progress records and reports on each Student's performance and complete an evaluation form after Students engage in the PROGRAM activities with CITY'S patients; g) Allow, upon request, CITY'S facilities to be visited by appropriate accrediting agencies associated with COLLEGE'S health occupation programs; h) Provide emergency medical treatment for those Students who may be injured while participating in the PROGRAM. 3. TERMINATION OF STUDENT FROM PROGRAM a) CITY may require COLLEGE to remove from the PROGRAM, any student the CITY determines: 1) Is not performing satisfactorily in the PROGRAM. 2) Refuses to, or has failed to, follow CITY'S administrative policies, patient -care policies, other CITY rules, policies, procedures, or regulations, County of Marin's EMS and patient care rules, policies and procedures, and/or laws and regulations concerning confidentiality of patient information and records including but not limited to the Health Insurance Portability and Accountability Act and Medical Records Privacy Act. b) COLLEGE may terminate, for cause, any Student assigned to the PROGRAM. C) All termination requests must be in writing and must state the reasons for the request. 4. DISCIPLINE OF STUDENT All matters of Student discipline shall be referred by CITY'S EMS PROGRAM Coordinator to COLLEGE'S Faculty instructor or clinical coordinator for action. However, if, in the opinion of the CITY'S EMS PROGRAM Coordinator, the preceptor, or an immediate supervisor, any Student in the PROGRAM represents a threat to patient safety or fails to comply with CITY'S policies, rules, procedures or standards for health, safety, cooperation or ethical conduct, or with County of Marin's 3 EMS rules, policies and procedures, or with laws and regulations concerning patient information and records, CITY may immediately exclude Student from the PROGRAM and/or from CITY facilities until final resolution of the matter with COLLEGE. 5. INDEPENDENT CONTRACTOR The parties intend that each party, in performing its obligations as provided herein, shall act as an independent contractor to the other party, and shall have full control over the means and methods of its performance of said obligations. DISTRICT and/or COLLEGE, its officers, instructors, and Students are not to be considered to be agents or employees of CITY, and are not entitled to participate in any CITY pension plan, medical plan, dental plan, workers compensation or any other benefit provided by CITY to its officers or employees. DISTRICT'S and/or COLLEGE'S officers, Students, and instructors shall be students and employees of DISTRICT, not of CITY, and DISTRICT shall ensure that its Students and employees understand their status as not being employees of CITY, and that they are not beneficiaries of any benefits or employee programs of CITY. 6. COMPENSATION The parties agree that CITY shall not pay any compensation to DISTRICT, COLLEGE, or Students and DISTRICT and COLLEGE shall not pay any compensation to CITY for any performance required under the terms and conditions of this Agreement. The consideration for this Agreement is comprised of each party's promise to the other party to perform its respective duties and obligations and the mutual benefits accruing to the parties under this Agreement. 7. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 8. TERM OF AGREEMENT This Agreement shall become effective on October 20, 2016 and shall terminate on October 20, 2021, unless terminated earlier pursuant to Section 9 of this agreement. This Agreement may be renewed upon the written agreement of the parties. 9. TERMINATION This Agreement may be terminated by either party, without cause, upon providing one hundred and eighty days (180) written notice of such termination to the other party. This Agreement may be terminated by either party for breach of any of the terms and conditions of this Agreement upon fifteen (15) days written notice to the other party and that party's failure to take significant remedial action to correct the breach. 10. INSURANCE a) During the term of this Agreement, DISTRICT shall maintain, at no expense to CITY, Comprehensive General Liability (including Premises/Operations, Products/Completed Operations, Contractual Insurance, and Personal Injury): Bodily injury - $1,000,000 each occurrence, $3,000,000 aggregate, and Property Damage - $500,000; or combined Single Limit of $1,000,000 each occurrence for bodily injury and property damage, $3,000,000 aggregate. The insurance policy shall provide for thirty (30) day written notice of insurance cancellation. b) DISTRICT shall maintain worker's compensation and employer's liability insurance, as required by law, as necessary to protect both DISTRICT and CITY against all liability for injuries to DISTRICT'S students while working at CITY, which policy shall be specifically endorsed to waive any right of subrogation against CITY. C) Any deductibles or self-insured retentions in the insurance policies must be declared to and approved by CITY. At CITY'S option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY'S satisfaction, or the DISTRICT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees and defense expenses. d) DISTRICT'S comprehensive general liability insurance policy shall contain an endorsement naming the CITY, its officers, agents, employees, and volunteers as additional insureds. Such policy shall also contain an endorsement providing that DISTRICT'S insurance coverage shall be primary insurance as respects the CITY, its officers and employees, and that any insurance or self- insurance maintained by CITY, its officers, and employees shall be excess of the DISTRICT'S insurance and shall not contribute to it. e) DISTRICT shall provide professional liability (malpractice) insurance in the amount of $1,000,000 each occurrence, and $3,000,000 aggregate, that will provide coverage for all Students participating in the Program. 0 DISTRICT shall furnish to CITY certificates of insurance evidencing the required insurance, together with copies of the required endorsements thereto, before or at the time DISTRICT executes this Agreement. 11. INDEMNIFICATION DISTRICT shall indemnify, defend and hold harmless CITY, its officers, agents, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, to the extent caused or contributed to by any acts or omissions of DISTRICT or DISTRICT'S instructors, other employees, or students, in the performance of their duties, obligations and activities under this Agreement. CITY shall indemnify, defend and hold harmless DISTRICT, its officers, agents and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, to the extent caused or contributed to by any acts or omissions of CITY or CITY'S employees or agents, in the performance of their duties, obligations and activities under this Agreement. 7 12. NONDISCRIMINATION Neither DISTRICT nor CITY shall discriminate, in any way, against any person on the basis of age, sex, race, color, creed, disability, sexual orientation, veteran's status, or national origin, in connection with or related to the performance of its duties, obligations and activities under this Agreement. 13. COMPLIANCE WITH LAWS DISTRICT and CITY shall comply with all applicable laws, ordinances, codes and regulations of federal, state, and local governments, in the performance of their duties, obligations and activities under this Agreement. 14. NO THIRD PARTY BENEFICIARIES CITY and DISTRICT do not intend by any provision of this Agreement to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or sent by United States Mail, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit in the United States mail. Notice shall be given as follows: TO CITY: San Rafael Fire Department Chief Christopher Gray City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO DISTRICT: Santa Rosa Junior College Public Safety Training Center Paramedic Program Course Director 5743 Skylane Blvd. Windsor, CA 95492 The parties recognize the limitations on financial commitments by the District and, to the extent possible, the parties shall endeavor to provide such notice sufficiently in advance of its effective date to permit adjustments to be made in the school class offerings. 16. MODIFICATION -WAIVER This Agreement shall not be modified except in a writing executed by the parties hereto. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver of any term or provision of this Agreement granted by a party must be in writing and signed by the party and shall apply solely to the specific instance expressly stated in writing. No such waiver shall be construed as a waiver of any other term or condition of this Agreement. 17. DISPUTE RESOLUTION In the event any dispute arises with regard to the terms or implementation of this Agreement, the parties agree to first meet and attempt in good faith to resolve the matter. If such meeting fails to resolve the dispute, the parties shall then attempt to resolve the dispute by mediation, with the mediator to be mutually agreed upon by the parties, before resorting to legal action. 18. EMPLOYMENT OF STUDENTS Nothing in this Agreement is intended to restrict the employment by the City of Students, nor shall any provision in this Agreement be construed to apply to such employment. 19. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. 20. NON-EXCLUSIVE AGREEMENT This Agreement is non-exclusive and both parties expressly reserve the right to contract with other entities for the same or similar services covered by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIMCH TZ, City an er ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Cit 4 Attori SANTA ROSA JUNIOR COLLEGE DISTRICT By: /"/",/" L Z,� Y Name:LAURA RIVERA Title: 7 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: FD Project Manager: Chief Chris Gray Extension: 3084 Contractor Name: Santa Rosa Junior College Contractor's Contact: Heather McFadden Contact's Email: hmcfadden@santarosa.edu ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 9/30/2016 N Fire - CGray 9/29/2016 LKG b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org N 2 City Attorney a. Review, revise, and comment on draft agreement 10/7/2016 N LAG and return to Project Manager 10/7/2016 ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement N N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Click here to Date of Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed /o/m 116 D agreement �Y 7 City Attorney Review and approve insurance in.PM , and bonds / (for Public Works Contracts) W"A 8 City Manager/ Mayor Agreement executed by Council authorized officiAl lU'l 7—l6 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager to /gam/6 I