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HomeMy WebLinkAboutFD 2025 Ride-Along AgreementAGREEMENT This is an agreement between the Marin Community College District, hereinafter referred to as "College" or "District", and the City of San Rafael (San Rafael Fire Dept.), hereinafter referred to as "City", made and entered on the following Date: Apr 16, 2025 SECTION 1 GENERAL CONSIDERATIONS The parties hereto have mutually covenanted and agreed and by these present to covenant and agree as follows: a. The District operates the College of Marin. The College offers programs that require that students gain experience in a variety of clinical settings as part of their health sciences education and training. b. The District, through its College, and the City desire to cooperate to support the education and training of future healthcare personnel. C. Students and instructors will at all times be students and employees, respectively, of the College and not employees of the City. In the performance of this agreement, it is mutually understood and agreed that the College and City are at all times acting and performing as independent contractors. Therefore, the parties understand and agree that the City is not responsible in any way, directly or indirectly, for any employment -related benefits for students or College instructors. College shall ensure that students and instructors understand that they are not employees of the City and are not beneficiaries of any benefits or employee programs of the City. d. Students shall receive no salaries or stipend for services provided as a student. e. 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. f. 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. g. It is not the intent of the College or City that the students or College instructors occupy the position of third -party beneficiary of any obligations assumed by either parry pursuant to this Agreement. SECTION 2 RESPONSIBILITIES OF COLLEGE AND CITY a. City has facilities suitable for providing clinical field experience opportunities for College's students enrolled in the College's Fire Technology -EMT and is desirous of making its facilities available for this purpose. b. City agrees to provide a supervised clinical field experience to the selected students in accordance with the terms and conditions stated in this agreement. Individuals supervising the program shall be mutually acceptable to the parties. C. The period of time for each student's clinical field experience shall be mutually agreed upon between College and City prior to the beginning of each student's placement. Learning objectives will be made available prior to the start of the clinical field experience. d. The number of students to participate in the clinical field experience with City at any given time shall be mutually agreed upon by College and City prior to the beginning of the program and may be modified from time to time by mutual agreement upon the request of either party. e. The students will be assigned to a staff member who is an employee of the City. Hours of duty will correspond with the staff member's schedule. f. College shall be responsible for selecting the individual students who will be assigned to City and such selection will be made without regard to race, creed, color, sex, handicap, national origin, or any other legally -protected characteristic of the student. On or about four (4) weeks prior to the beginning of each student's field internship with City, College shall forward the name, biographical data, report of health status, and other appropriate information of each student selected by College to participate in City field internship program. City shall have the right, prior to the arrival of the student, to request from College additional reasonable information concerning any or all of the selected students. g. College clinical coordinator shall schedule regular visits with the student and assigned staff member and shall participate in informal and formal evaluation. h. City may request College to withdraw from City program any student who City determines is not performing satisfactorily, or who refused to follow City administrative and patient care policies, procedures, rules and regulations. Such request must be in writing and must include a statement of the reason or reasons why City desires to have the student withdraw. All matters of discipline shall be referred to the College instructor. However, in the event of an emergency or if any student represents a threat to patient safety or fails to meet City standards for health, safety, cooperation or ethical behavior, City may immediately exclude the student from the City's program until final resolution of the matter with the College. The College agrees to instruct students and instructors regarding confidentiality of patient information, including, but not limited to, laws and regulations promulgated under the Health Insurance Portability and Accountability Act ("HIPAA"), as amended from time to time. j. It is the responsibility of College to notify the student that the student will be responsible for: 1. Following the administrative and patient care policies, procedures, rules and regulations of the City; 2. Acquiring and using the necessary and appropriate uniforms; and 3. Arranging for their own transportation and personal living accommodations and costs when not provided by City. k. City shall maintain complete attendance and progress records and reports on each student's performance and shall provide an evaluation for each student to the College on forms provided by the College. 1. City shall, upon reasonable request, permit College and/or appropriate governmental agencies charged with the responsibility of accrediting or approving the paramedic training program to inspect City facilities, services, student records, and such other materials which pertains to the program. M. The parties shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination because of race, color, ancestry, national origin, religion, sex, sexual orientation, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination statues and regulations required by law to be included in this Agreement shall be deemed incorporated herein by this reference. n. The District employees and students will receive no remunerations from City for services incidental to their clinical experiences. o. College shall ensure that students sign and submit to the City the forms attached hereto as Exhibit A, entitled "Ride Along Liability Waiver" and "Instructions for Participants" before participating in the clinical field experience with City. SECTION 3 INSURANCE a. The District shall procure and maintain for the duration of the agreement insurance, self -insure, or some combination thereof against claims for injuries to persons or damages to property which may arise from or in connection with the clinical field experience and the results of the participation by the District, their agents, representatives, employees, subcontractors, or students. Coverage shall be at least as broad as: 1. The District shall, as required by Education Code Section 78249, provide such Worker's Compensation coverage with statutory limits, and employer's liability coverage with limit no less than $1,000,000 per accident for bodily injury or disease as may be required to protect the City and the District against any liability under the Worker's Compensation laws of the State of California for injuries to students while on duty at the City. 2. The District shall provide General Liability coverage at least as broad as Insurance Services Office Form CG 00 01 covering commercial general liability on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate The insurance policy shall provide for thirty (30) day written notice of insurance cancellation. 3. The District shall provide professional (malpractice) liability insurance with limit no less than $1,000,000 per occurrence or claim and $3,000,000 in aggregate. b. Within thirty (30) days of execution of this Agreement, the District shall provide City with certificates and amendatory endorsements or copies of applicable policy language effecting coverage required by this clause or proof of ability to pay if self -insured for all participating students. Further, all insurance policies shall provide for thirty (30) days prior written notice of insurance cancellation to City. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions. 1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the general liability coverage with respect to liability arising from the field internship experience or students and instructors participation. For any claims related to this agreement, the District's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 O1 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the District's insurance and shall not contribute with it. 2. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 3. The District's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. District shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before services under this contract commence. As an alternative the City's forms, the District's insurer may provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by these specifications. 6. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the District shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. SECTION 4 INDEMNIFICATION a. District shall indemnify, defend and hold harmless the City and its directors, officers, employees and agent, against all claims, demands, suits, judgments, expenses and costs of any and every kind, including reasonable attorney fees, caused solely out of the acts or omissions of the District and its directors, officers, or associates, employees, agents, instructors or students, in the performance of this Agreement and activities contemplated within. a. City shall indemnify, defend and hold harmless the District and its directors, officers, employees and agent, against all claims, demands, suits, judgments, expenses and costs of any and every kind, including reasonable attorney fees, caused solely out of the acts or omissions of the City and its directors, officers, or associates, employees, agents, in the performance of this Agreement and activities contemplated within. SECTION 5 TERMS OF AGREEMENT a. This Agreement shall be reviewed annually but may at any time be altered, changed or amended by mutual agreement of the parties in writing. b. This Agreement shall become effective as of the date first set forth above and shall continue for a period of three (3) years, provided, however, that it may be terminated by either party after giving the other party six (6) months' advance written notice, with or without cause, of its intention to so terminate. The term of this Agreement may be extended upon mutual written agreement of the parties. C. Written notice shall be sent by registered mail to the following persons, as the case may be: City: City of San Rafael Attn: Fire Chief 1375 Fifth Avenue San Rafael, CA 94901 College: College of Marin Dana Emerson Assistant Superintendent/Vice President of Student Learning and Success With a copy to: 835 College Avenue Kentfield, CA 94904 College of Marin Alina Varona Dean of Career Education and Workforce Development 835 College Avenue Kentfield, CA 94904 SECTION 6 GENERAL PROVISIONS a. Relationship of the parties. Each party acknowledges and agrees that the relationship with each other is that of independent agencies. ii. Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, employer/employee, partnership, franchise, or fiduciary relationship between the parties; and neither party shall have the right or authority or shall hold itself out to have the right or authority to bind the other party, nor shall either party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. b. Modification of this Agreement. This Agreement contains all the terms between the parties and may be modified only in writing signed by both parties' authorized representatives. This Agreement contains the entire agreement and understanding between the parties. No party has relied on or was induced to enter into this Agreement by any oral or written promise outside of this Agreement, and there are no oral understandings, terms, or conditions, express or implied between the parties which are not contained or referenced in this Agreement. d. If any provision of this Agreement is held to be contrary to law by a court of competent jurisdiction, such provision shall not be deemed valid except to the extent permitted by law, but all other provisions shall continue to remain in full force and effect. e. This Agreement, and the rights and obligations of the parties, shall be construed and interpreted under the laws of the State of California. The parties also agree that, in the event of litigation, venue shall be the proper state or federal court located in Marin County, California. f. The terms of this Agreement shall not be construed as having been drafted by any one party. Rather, this Agreement is deemed to have been drafted jointly by the parties. Any uncertainty or ambiguity shall not be construed for or against any party based upon attribution of drafting to any party. g. The parties may not assign or transfer any rights granted or obligations assumed in this Agreement unless the other party agrees in writing in advance. h. The parties may not assign or transfer any rights granted or obligations assumed in this Agreement. i. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. IN WITNESS THEREOF, the parties have affixed their hands and seals the day and year first above written. CITY OF SAN RAFAEL: CrisfinB Mlovich CrMine Alilovich (Apr 16, 2025 21:38 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney An&myli ye hwa-a Andrea Usveshwara ?Apr 16, 2025 11.22 PDT) By: ANDREA VISVESHWARA, Chief Assistant City Attorney ATTEST: City Clerk ad�,r/�'r4,.> Brcnna Hurmi (for) IAPr 17, 2025 36 PDTI LINDSAY LARA, City Clerk MARIN COMMUNITY COLLEGE DISTRICT: Name: Jonathan Eldridge Title: Superintendent / President Exhibit A Ride along Liability Waiver and Participant Instructions SAN RAFAEL FIRE DEPARTMENT RIDE -ALONG PROGRAM RIDE ALONG LIABILITY WAIVER In consideration of being permitted to take a position upon or ride in a San Rafael Fire Department vehicle the undersigned assumes all risks of damage or loss either to person or property from all and every cause, including negligence, violation of law, or willful misconduct on the part of the San Rafael Fire Department, its officers, employees, or agents during such activity or as an incident thereto or in connection therewith, it being the understanding that the City of San Rafael its officers, employees, or agents, heirs, successors or assigns assumes no responsibility other than to permit the undersigned to take a position upon or ride in or upon such vehicles at such times as may be mutually agreed upon. This waiver applies to each and every use, which the undersigned may make of a San Rafael Fire Department vehicle. Please print and then sign: (Print) Address: Date: For minors under 18 years of age: Parent/Guardian Signature: Date: Witness: Address: Date: (Signature SAN RAFAEL FIRE DEPARTMENT RIDE -ALONG PROGRAM Instructions for Participants: Participants will be under the complete control of the officer in charge of the incident at all times. Participants will not be allowed to participate in any emergency activity or patient care except as allowed in the ride -along policy. All participants shall wear appropriate footwear and clothing which is neat, clean and in good taste. Participants shall wear clothing which, in the opinion of the officer in charge, projects the most positive professional image. The San Rafael Fire Department reserves the right to deny participation in the ride - along program because of inappropriate attire. 4. Participants must adhere to the same rules of patient confidentiality that govern the actions of the San Rafael Fire Department. 5. Cameras, tape recorders or other recording devices shall not be allowed. 6. Participants shall observe all the safety rules of the San Rafael Fire Department. They shall remain seated while riding in San Rafael Fire Department apparatus and shall use seat belts. 7. Ride -along shall be permitted between the hours of 0800 and 2000. The exception to these hours will be paramedics seeking accreditation and field internship students. The officer in charge has full authority to cancel or deny ride -along privileges at any time during or prior to the ride -along if, in his/her opinion, he/she feels it interferes with the safety, efficiency, or compromises the interests of the San Rafael Fire Department. 9. All participants shall comply with the procedures outlined in the San Rafael Fire Department Exposure Control Plan with respect to infectious disease precautions and personal protective equipment. Briefly explain your justification for wishing to ride along: I understand that I will become aware of private health information during the course of my ride -along experience. I understand that under federal regulations, I am not allowed to discuss this information with anyone except as necessary to provide information for medical treatment to a patient or as otherwise authorized by the San Rafael Fire Department. I further understand that a violation of these regulations could result in criminal or civil penalties against me personally and/or against the City. Additionally, I understand that violation of these regulations will result in the termination of my right to participate in the Observer Program. I HAVE READ ALL THE ABOVE INSTRUCTIONS AND UNDERSTAND THEM FULLY Participant: Witness: Date: (San Rafael Fire Department Officer) 2025 Ride -Along Agreement - Marin Community College District and City of San Rafael Final Audit Report 2025-04-17 Created: 2025-04-16 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAgiZrtuXmJkTaag1z)dWo5vKK4i6RU21t "2025 Ride -Along Agreement - Marin Community College Distric t and City of San Rafael" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2025-04-16 - 6:18:08 PM GMT- IP address: 199.88.113.8 74 Document emailed to andrea.visveshwara@cityofsanrafael.org for signature 2025-04-16 - 6:20:34 PM GMT Email viewed by andrea.visveshwara@cityofsanrafael.org 2025-04-16 - 6:21:24 PM GMT- IP address: 104.47.64.254 60 Signer andrea.visveshwara@cityofsanrafael.org entered name at signing as Andrea Visveshwara 2025-04-16 - 6:22:12 PM GMT- IP address: 199.88.113.8 6m Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-04-16 - 6:22:14 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to city.clerk@cityofsanrafael.org for approval 2025-04-16 - 6:22:16 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-04-16 - 6:22:44 PM GMT- IP address: 104.47.64.254 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2025-04-16 - 6:22:53 PM GMT- IP address: 199.88.113.8 6© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2025-04-16 - 6:22:55 PM GMT - Time Source: server- IP address: 199.88.113.8 E-+ Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-04-16 - 6:22:57 PM GMT A( SAN RAFAEL Powered by (°. Adobe "''` Acrobat Sign Email viewed by cristine.alilovich@cityofsanrafael.org 2025-04-17 - 4:38:07 AM GMT- IP address: 104.47.64.254 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-04-17 - 4:38:37 AM GMT- IP address: 71.198.110.147 6o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-04-17 - 4:38:39 AM GMT - Time Source: server- IP address: 71.198.110.147 L7+ Document emailed to city.clerk@cityofsanrafael.org for signature 2025-04-17 - 4:38:41 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-04-17 - 2:36:13 PM GMT- IP address: 104.47.64.254 00 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2025-04-17 - 2:36:30 PM GMT- IP address: 199.88.113.8 60 Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2025-04-17 - 2:36:32 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2025-04-17 - 2:36:32 PM GMT 'I Powered by I i Adobe � SAN RAFAEL Adobe -), -1—Y— Acrobat Sign