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HomeMy WebLinkAboutMINUTES - 07121994 - 1.8 (2) TO: BOARD OF SUPERVISORS ' g FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts AdministratorCosta DATE: June 17, 1994 County SUBJECT: Approval of Unpaid Student Training Agreement #26-254-1 with Concorde Career Institute SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Frank Puglisi, Jr. ) , to execute on behalf of the County, Unpaid Student Training Agreement #26-254-1 with ConCorde Career Institute, for the period July 1, 1994 through June 30, 1995, for provision of clinical experience for respiratory therapy students. II. FINANCIAL IMPACT: None III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On March 2 , 1993 , the Board of Supervisors approved Unpaid Student Training Agreement #26-254 with Concord Career Institute. The purpose of this agreement is to provide respiratory therapy students with the opportunity to integrate academic knowledge with application skills and attitudes at progressively higher levels of performance require- ments and responsibility. Supervised field work experience in respiratory therapy is considered to be an integral part of both the educational and professional preparation. As a teaching hospital, Merrithew Memorial Hospital can provide the requisite field education, while at the same time, taking advantage of the students ' services to patients. Approval of Unpaid Student Training Agreement #26-254-1 will allow Contractor's students to receive field instruction and experience in respiratory therapy, at Merrithew Memorial Hospital and Clinics, through June 30, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME DA ON OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) i HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: Frank i?uglisi, Jr. (370-5100) OF SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED 11 2- c}9 Risk Management Phi)Ba[Chelo4verk Of he Boa of Auditor-Controller Supervisors and County Administrator Contractor (/�1 M382/7-83 BY \ as Qom. \� , DEPUTY a_.. . Contra Costa County Standard Form UNPAID STUDENT TRAINING AGREEMENT Number 26-254-1 1. Contract Identification. County Department: Health Services (Hospital and Clinics Division) Subject: Unpaid student training with Department, sponsored by Contractor 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: CONCORDE CAREER INSTITUTE Capacity: Private Educational InstitutOsRAWM060" Address: 1290 North First Street, Sa tnil. 95112 3. Term. The effective date of this Agreement is July 1. 1994 and it terminates June 30. 1995 , unless sooner terminated as provided herein. 4. Termination. This Agreement may be terminated by either party, at its sole discretion, upon seven-day advance written notice thereof to the other, or canceled immediately by written mutual consent, subject to termination conditions (if any) set forth in the Program Plan attached hereto and incorporated herein by reference. 5. Program. By this Agreement County agrees to permit unpaid student training by persons (participants) sponsored by Contractor under the following conditions: a. Services provided under this Agreement are volunteer services, and participants obtain no employment rights with, or employment benefits from, the County, by virtue of this Agreement or service hereunder. Agreement, in the form attached hereto, is required of every participant. b. Upon approval by County's Board of Supervisors this Agreement shall be an authorized volunteer program. The County's volunteer policy and the County Administrator's rules and procedures for authorized volunteer programs attached hereto, are applicable with respect to this Agreement, and are incorporated herein by reference together with any amendments thereto, subject nevertheless to the terms of this Agreement. C. Other contract terms and conditions are expressed in the Program Plan attached hereto and incorporated herein by reference. 6. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 7. Indemnification. Except for tho i sFyeTe ticipants covered by the County's Volunteer policy, each party agentsand officers shall be indemnified and held harmless age n claims, demands, or causes of action allegedly arising out of any act or omission arising as a result of the services provided in this agreement, of any officer, agent, or employee of the other party, or resulting from the conditions of any property owned or controlled by the other party. 8. Legal Authority. This Agreement is entered into under and subject to the following legal authority: California Government Code Sec. 26227. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Designee Recommended by Department (Designate official capacity) By Designee (Form approved by County Counsel) Contra Costa County Standard Form UNPAID STUDENT TRAINING PARTICIPANT AGREEMENT The County of Contra Costa and the Participant named below agree as follows: 1. Participant will engage in training for a Contra Costa County Department pursuant to a contract between the County and a contractor sponsoring the participant. 2. Participant agrees that in connection with such training, participant is a volunteer, subject to the County's volunteer policy and regulations, and will obtain no employment rights or employment benefits from the County and waives any claim to any employment rights or benefits from Contra Costa County based upon participant's training services, whether or not authorized under such contract. 3. Participant further agrees: "I have read the Contra Costa County Policy Statement on Volunteer Programs. In return for the benefits provided by Contra Costa County in case of my illness, injury, death, or third party liability while providing, or resulting from acts or occurrences within the scope of my authorized volunteer services, and for my right to authorized expense reimbursement, I waive any claim on my behalf and on behalf of my heirs, representatives, and assigns against the County of Contra Costa or any of its agents., servants or employees for illness, injury, debts or other harm arising from my volunteer services, whether or not authorized. " 4. Participant has read and understands the Unpaid - Student Training Agreement (identified below) between the County and participant's sponsoring contractor and agrees to and is bound by the terms of that contract. 5. County or participant may terminate this agreement upon three day's notice or without prior notice, for cause; or by mutual consent; otherwise this agreement terminates upon termination of the agreement between the County and participant's sponsoring contractor. 6. This agreement is made in consideration of the County accepting participant for training. 7. Neither the County nor any agent, officer, servant, or employee of the County shall undertake or incur any liability or other responsibility respecting the quantity, quality, kind, or value of the training of participant and no warranty, express or implied shall exist in that regard. 8. Entire Contract. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 9. Identification of Unpaid Student Training Agreement: Number 26-254-1 Contractor Concord Career Institute - Respiratory Therapy Program County Department Health Services - Hospital and Clinics Division CONTRA COSTA COUNTY PARTICIPANT (Printed Name) By (Designee) (Signature) PROGRAM PLAN FOR CLINICAL EXPERIENCE FOR RESPIRATORY THERAPY Number 26-254-1 1. Purpose of the Program. Concorde Career Institute conducts an educational course in respiratory therapy for its students enrolled in the Respiratory Therapy Program. The Contractor desires to have students, enrolled in this program, receive clinical instruction from the County, and the County is willing to provide such instruction under the terms and conditions hereinafter set forth. Therefore, the parties will undertake a program whereby such instruction and experience will be provided in accordance with a plan mutually agreed to by the parties. 2 . Contractor' s Obligations. In participating in this program, Contractor shall: a. Designate students for participation in the clinical experience conducted pursuant to this Agreement. b. Suggest dates for the clinical experience periods, and cooperate with County's Department in establishing assignment schedules consisting of specific dates for the placement of a specific number of students with the County for training, which shall be established by mutual agreement of the respective representatives of the County and the Contractor. C. Assign for field instruction only those students who are prepared to a degree considered adequate by mutual agreement of the parties hereto; d. Make all necessary arrangements so that each student will: (1) Have completed all the necessary courses required by the Contractor as preparation for said clinical experience; (2) Agree to execute the County's Unpaid Student Training Participant Agreement upon referral to the training program; (3) Arrange for their own transportation to and from the Health Services Department and for maintenance and housing during field instruction; (4) Channel educational problems to the Contractor; Initials: Contractor County Dept. 1 PROGRAM PLAN FOR CLINICAL EXPERIENCE FOR RESPIRATORY THERAPY Number 26-254-1 (5) Promptly report illnesses and absence from duty; and (6) Comply with regulations and standards of conduct governing professional respiratory therapists in the County Health Services Department. e. Furnish County with such evidence as County may require that each student assigned for training hereunder is physically fit. f. Verify, at request of County, that the Contractor has in full force and effect during the term of this Agreement, professional liability insurance for students designated for participation pursuant to this Agreement with a coverage of at least One Million Dollars ($1, 000, 000) for the activities of the student pursuant to this Agreement. 3 . County's Obligations. In participating in this program, County shall: a. Comply with all State statutes and regulations applicable to the training of respiratory therapists enrolled in the Contractor's program; b. Accept for clinical experience those students assigned by the Contractor for such a period and in such numbers as may be mutually agreed; C. Provide the student with learning experiences needed to meet the objectives of the training program mutually agreed to by the parties in accordance with the plan referenced in Paragraph 1. , above; and d. Have the right to terminate the participation of any student in the clinical experience for failure to follow the instructions of County, or for any other reason deemed adequate by County. In the event of such termination, County shall give prompt written notice to the Contractor. 4 . Joint Obligations. County and Contractor shall jointly: a. Plan a student training program including course content and student assignment schedule so as to provide a sound and effective educational program; Initials: Contractor County Dept. 2 PROGRAM PLAN FOR CLINICAL EXPERIENCE FOR RESPIRATORY THERAPY Number 26-254-1 b. Review the program at the end of each training period in order to evaluate progress and recommend changes for the next consecutive training period; and C. Plan for periodic review of this Agreement. 5. Participants' Obligations. Participants shall: a. Execute the County's Unpaid Student Training Participant Agreement upon referral to the training program; b. Abide by County policies and regulations; C. Conduct themselves in an appropriate professional manner consistent with responsibility; d. Observe and respect patient's rights, privacy and dignity; and e. Comply with applicable County, State and Federal regulations respecting disclosure of patients ' heath information and access to, and removal of, medical records and/or information contained therein. 6. Contractor, County and Participant Agreement. Notwithstanding the authorization for reimbursement for actual and necessary expenses (including a flat mileage rate of $0. 15 per mile for use of personal vehicles) of authorized volunteer services set forth in the final paragraph of attached Contra Costa County Policy Statement on Volunteers, participant shall be entitled to no reimbursement by County for said expenses while engaged in the training program covered by this Agreement. Initials: Contractor County Dept. 3 CONTRA COSTA COUNTY POLICY STATEMENT ON VOLUNTEER PROGRAMS The use of volunteers in performing specific services is a valuable resource and provides an avenue for citizen participation in various County programs which is recognized as being of public benefit. In recognition of the benefits which may be derived from volunteer services, it is hereby declared that it shall be County policy to encourage and promote volunteer programs determined to be in the public interest. It is County policy that volunteers will not replace County employees but will provide services to supplement or enrich regular County programs and services. This policy statement is designed to provide the framework for all County volunteer programs and activities. The following guidelines are adopted for volunteer programs: VOLUNTEER PROGRAMS A complete description of each volunteer program shall be submitted by the department head to the County Administrator for review and presentation to the Board of Supervisors with his recommendation. Factors to be considered in evaluating programs are the need for and public benefit to be derived from the volunteer program, associated County cost and staff effort required for such a program, the potential for injury to volunteers, and the possibility for injury to others including injuries giving rise to possible liability claims. Regulations and procedures including, but not limited to, such matters as eligibility, training, supervision and roster control, may be promulgated by the County Administrator for guidance of departments to assure proper administration and control of volunteer services. VOLUNTEERS A volunteer is defined as a person who renders services gratuitously and has been accepted in the volunteer program. The volunteer is not an employee of the County. In recognition of the benefit to the County derived from volunteer services, authorized volunteers serving in programs approved by the Board of Supervisors shall be provided the benefits indicated below. 1 CONTRA COSTA COUNTY POLICY STATEMENT ON VOLUNTEER PROGRAMS 1. Iniury, to Volunteer. Authorized volunteers are not under the purview of the workers ' compensation laws of California. In lieu thereof and in return for the volunteers waiver of any claim against the County for illness, injury or other harm arising from acts or occurrences while providing volunteer services, the County shall provide, in the case of authorized volunteer services, through self-insurance, for reimbursement of medical expenses and minimum permanent disability compensation equal to that afforded under the workers ' compensation laws of California, provided, however, that no temporary disability compensation shall be paid and medical expenses shall be limited to reimbursement for expenditures otherwise qualified for reimbursement which are not covered by the volunteer' s health plan, other available insurance coverage, or other third party (i.e. , Federal, State or other payment) . 2 . Public Liability. The County through its self-insurance program shall defend and indemnify volunteers upon request against liability claims initiated by third parties arising out of acts or omissions occurring within the scope of authorized volunteer services, unless the volunteer acted or failed to act because of actual malice, fraud, corruption or gross negligence. Volunteers using personal automobiles in performing authorized services must maintain liability insurance at limits which as a minimum comply with the California Financial Responsibility law and must have a valid driver's license. the protection afforded by the County shall be in excess only of any other valid and collectible public liability or automobile liability insurance maintained by or which provides coverage for the volunteer. Volunteers may be permitted to operate County vehicles in the performance of authorized volunteer services . 3 . Expense Reimbursement. Volunteers shall be reimbursed for actual and necessary expenses in performance of authorized volunteer services at the same rates and in accordance with regulations and procedures established for County employees, except that a flat mileage rate of $0. 15 per mile for use of personal vehicles will be allowed. No reimbursement will be made for any child care expenses, mileage from the personal residence of the volunteer to the County facility or service location or for damage to personal vehicles of volunteers used when performing authorized volunteer services. 2 . Administrative Bulletin Contra Number 321 Costa Replaces Office of the County Administrator Date 12 -26-78 County Section Porcr+nnaT SUBJECT: Rules and Procedures to be Followed by County Departments for Authorized Volunteer Programs I . GENERAL This bulletin provides the rules and procedures to be followed by County departments governing entrance, training, and super-rising of volunteers under County authorized volunteer programs , including the policies and procedures for reimbursement of exuenses ; medical and permanent disability benefits ; and legal defense and indemnification against liability claims initiated by third parties . These regulations and procedures are promulgated in accordance with the policy adopted by the Board of Supervisors . II . RULES AND PROCEDURES County departments shall submit to the Office of the County Administrator a description of each volunteer program, the number of volunteers to be assigned, County staff requirements for coordination and County expenditures and funding involved. Such volunteer program definition, following review by the Office of the County Administrator, shall be forwarded to the Board of Supervisors for approval. After Board approval, rules and procedures, as follows , shall be adopted, and copies forwarded to the County Administrator: A. County departments sponsoring volunteer programs shall have a staff member assigned as a volunteer coordinator, who will be respon- sibile for the selection and acceptance of volunteers . Personnel matters regarding the volunteers will be referred to the volunteer coordinator. Volunteers will work directly with other staff members and will be under their supervision for each assignment. Each County department will forward to the County Administrator the name and telephone number of the employee (s) assigned as the volunteer coordinator. Volunteers will be provided with initial orientation and training by the 2 . volunteer coordinator. Where appropriate, confidentiality requirements shall be explained, reading materials assigned and discussion groups held on a regular basis with the volunteers. B. The volunteer coordinator will also be respon- sible for requiring volunteers to fill out, read and sign the application form, and if such volunteer is accepted, the volunteer coordinator will fill out the registration form (just below the application form) showing acceptance of the volunteer, date services commence and terminate , any remarks he may wish to include with respect to the capability of the volunteer and limitations as to tasks to be performed, and lastly the service authorized to be performed by the volunteer. If the volunteer is a minor, the parental consent form shall be completed and signed by the parent or legal guardian. Forms to be used by departments are attached. Departments may continue to use forms developed for volunteer programs which include information needed by the department in addition to that indicated on the attachments . Any obvious or suspected disabilities of a volunteer shall be discussed with the County Safety Officer. If reimbursement of actual and necessary expenses in performing volunteer services is contemplated, volunteer must sign Oath of Allegiance form in accordance with established department procedures when registering to perform authorized volunteer services with the County. The volunteer coordinator shall be responsible for mainte- nance of a log listing pertinent information with respect to all authorized volunteers , including date services commenced and terminated. Records are to be retained at least five years from the date of the last volunteer service for subsequent reference on claims which may be presented by either the volunteer or any third party allegedly injured. 3. If a volunteer is to use his personal vehicle in the course of authorized volunteer services, he will be required to fill out the "Volunteer Auto Insurance Declaration" form. Volunteers must check with their insurance agent or broker to make certain that liability insurance is extended under their policy while their vehicle is being used for volunteer activities . Auto insurance is required for all volunteers who will use their personal- automobile while performing authorized volunteer services with at least the following limits : $15 , 000 for injury to or death to one person $30 , 000 for injury to or death to two or more persons in one accident .$5 , 000 for property damage The volunteer must furnish a valid California motor vehicle operators license if he is to use a vehicle and the license number together with insurance policy number duly noted on the Auto Insur- ance Declaration (form attached) . A Certificate of Insurance or other evidence of insurance may be requested and placed on file . Ill. PROCEDURE IN CASE OF ACCIDENT OR INJURY When a volunteer is injured while performing authorized volunteer services , the supervisor_ shall arrange for medical care as necessary and appropriate in accordance with normal departmental operating procedures . The volunteer' s supervisor shall immediately thereafter complete the Supervisor' s Report of Occupational Injuries or Illness (Form AK-30) . The supervisor shall then forward the form to the volunteer cordinator who within 24 hours shall submit the report through department channels to the Safety Division of the Civil Service Office. The form shall indicate that the injured party is a volunteer. A COP7 of the report must be forwarded to the Office of the County Administrator. All medical bills received by the volunteer not otherwise covered by health insurance, other insurance, or third party pay- ment shall be forwarded to the Office of the County Administrator. Such bills must be itemized and indicate the date of injury. County payments will be made jointly to the volunteer and to the medical provider. Any claims for permanent disability compensation shall be referred to the Office of the County Administrator for review and adjustment. Prior to final settlement and payment of any such claim, the volunteer shall execute an appropriate form releasing the County from any further liability and agreeing that such compensation shall be the sole and exclusive remedy with respect to the injury sustained. 4. When there is an accident resulting in third party personal injury or property damage, the appropriate accident report form shall be completed by the supervisor and forwarded to the volunteer coordinator. The subsequent procedure to be followed shall be' identical to that applicable as in accidents involving County einp loyees . IV. LIABILITY .The County under its self-insurance program upon request shall defend and indemnify the volunteer against liability claims initi- ated by third parties arising from acts or omissions occuring within the . scope of authorized services , unless the volunteer acted or failed to act because of actual fraud, corruption, malice or gross Negligence . ' However, the County shall provide automotive liability insur- ance protection as excess only of the limits under the volunteer' s personal automotive liability policy. Such Count- insurance protection does not cover any damages to the vehicle o t e volun- teer, including any deauctible provision wtuch must a pal . Maintenance of such records as determined necessary to assure that adequate insurance protection is afforded shall be a respon- sibility of the department' s volunteer coordinator. V. REIMS URSEMEyT OF EXPENSES Volunteers are eligible to receive reimbursement from the County for certain actual and necessary expenses incurred in the performance of authorized volunteer services . In order to claim expenses , the Volunteer must have sigTied the Oath of Allegiance before any County officer authorized to administer oaths and meet previously described insurance requirements . Volunteers are governed by general County reimbursement policies established for County employees with the exception of mileage which will be reimbursed at a flat rate of $0. 15 per mile . The County will not reimburse volunteers for child care expenses , mileage rom t e vo unteer s residence to the County des grate ac lity or service location or dama a tot the volunteer' s ersonal vehicle , including any deductIble prov1`s­f3_nswri!ch are 2aid by the volunteer. : The volunteer must provIde Information to the volunteer coordinator with respect to the automobile liability insurance coverage maintained prior to use of the personal vehicle for volunteer services and reimbursement of mileage claims . I i 5. Volunteers are recognized as a valuable resource in perform- ing services which are not provided by the County. The Board of Supervisors has expressed its strong support of volunteer programs. These policies and procedures have been developed for the information and guidance of County staff and volunteers . Acting County Administrator CONTRA COSTA COUNTY VOLUNTEER APPLICATION AND REGISTRATION FORM Name Age Social Security No. Home—Address Home Phone Business Address Business Phone Driver ' s License No. , If Any Service Preference Acceptable Location Do you have a health problem we should be aware of in an -emergency? Yes No (Describe - such as a history of back trouble , heart, epilepsy, diabetes , fainting , etc . ) Is there a medication you must take? Yes No Is there a medication to which you are allergic? Yes No if yes, medication is : Medical, Hospital or Other Insurance Person to Call in Emergency Address Phone No. Interviewed by . 1 have been informed against and accept responsibility for any breach on my part r-especting confidential information. I have read the Resolution adopted by the Contra Costa County Board of Supervisors Signature on volunteer programs . In return for the benefits provided by Contra Costa County in case of my illness, injury.' death, or Date third party liability while providing, or resulting from acts or occurrences within the scope of my authorized volunteer services, and for my right to authorized expense reimbursement, I waive any claim on my behalf and on behalf of my heirs, representatives, and assigns against the - County of Contra Costa or any of its agents, servants or employees for illness , injury, debts or other harm arising from my volunteer services,. whether or not authorized . Signature CONTRA COSTA COUNTY VOLUNTEER SERVICES AUTO INSURANCE DECLARATION Date This is to certify that 1, the undersigned, am in possession of a valid California Driver' s License , (Number) My car Expiration Date) (Make) --M--cense No. ) (1-iodel) (Year) is insured with (Company) (Policy No . ) (Expiration Date) I further certify that I have minimum liability insurance coverage as follows : $15 , 000 for injury to, or death of, one person ; $30 , 000 for injury to, or death of, two or more persons in one accident; $5 , 000 for property damage . Signature CONTRA COSTA COUNTY PARENTAL CONSENT FORM VOLUNTEER PROGRAM Name of Minor: Address : Birthdate: Volunteer Activity : The above person, a minor, desires to perform volunteer services for the County in accordance with the attached application form. As parent/guardian of this minor, permission is hereby granted for him/her to participate in the volunteer program. My child does not have any physical or medical problems which would prohibit or limit participation in the volunteer program, except: in case of illness or emergency, please call: Telephone Number : I have reviewed the volunteer application and registration form and give my consent for to Participate in the volunteer program subject to the termsanconditions expressed therein. Signed by Parent/Guardian: Date :