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HomeMy WebLinkAboutMINUTES - 06101997 - C55 BOARD OF.SUPERVISORS i ROM-` Allen Little, Fire Chief Coltm May 20, 1997 �;�a DATE: Y •.� `.`�.."" ", SUBJECT: Agreement between Contra Costa County fire Protection District and Los Medanos College (LMC) for Paramedic Training SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Chair, Board of Supervisors as the Board of Directors of the Contra Costa County Fire Protection District to execute an agreement in the.amount of$102,307 between the Contra Costa County Fire Protection District and Los Medanos College for paramedic training. BACKGROUND/REASONS FOR RECOMMENDATION: The Contra Costa County Fire Protection District is committed to providing the highest quality emergency medical services possible. In pursuit of this goal, the District is in the initial stages of implementing a first responder paramedic program. This fire engine-based paramedic program was authorized by your Board in December 1995, and paramedic staffing issues have been negotiated with United Professional Fire Fighters Local 1230 and are contained in the current Memorandum of Understanding. .Paramedic services will be provided by both hiring licensed Paramedics from the outside and training existing firefighters to become Paramedics. In initiating the paramedic program, approximately 24 existing firefighters -- 18 from Contra Costa Fire and 6 from Orinda Fire -- are undergoing intensive paramedic instruction involving 1,032 hours of classroom, hospital and ride-along training. It will take about one (1) year to complete this paramedic training, which is being provided through Los Medanos College. Accordingly, it is necessary to execute this agreement in which Los Medanos College is training existing firefighters of the Contra Costa County and Orinda Fire Districts to become Paramedics. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE -� OTHER SI ` ACTION OF BOARD ON APPROVED As RECOMMENDED OTHER I VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: . NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Steve Maier.0 930-5181 ATTESTED JUN 10 1997 Cc: COnnty Administrator PHIL BATCHELOR. CLERK'OF THE BOARD OF Contra Costa County Fire District SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel County Auditor-Controller. Los Medanos College BY .DEPUTY 97 � . Ss PUBLIC ENTITY TRAINING AGREEMENT 01.00 PARTIES TO THIS AGREEMENT 01.01 IN CONSIDERATION OF THE PROMISES MADE HEREIN, THIS AGREEMENT is entered in this loth day of June , in the year 1997, by and between!iie following parties: 01.02 CONTRA COSTA COMMUNITY COLLEGE DISTRICT, individually and on behalf of its subsidiaries, parents, siblings, officers, directors, shareholders, agents, employees, representatives, predecessors, and successors, [hereinafter collectively referred to as"Los Medanos College" or"District"], 01.03 CONTRA COSTA FIRE PROTECTION DISTRICT, a fire district individually and on behalf of its subsidiaries, parents, siblings, officers, directors, shareholders, agents, employees, representatives, predecessors, and successors, [hereinafter collectively referred to as PUBLIC ENTITY."] 02.00 INTRODUCTION 02.01 PUBLIC ENTITY, by execution of this agreement, desires to contract with Los Medanos College for the training and education of its employees in their pursuit of certification in conformity with the requirements therefor dictated by any and all local, state and/or federal mandates. 02.02 In conjunction with PUBLIC ENTITY, it is hereby agreed that Los Medanos College will provide to the employees of PUBLIC ENTITY the training depicted in detail on EXHOBIT"A" hereto. 02.03 The commencement date and ending date, for the training to be provided by operation of this agreement are depicted on EXHIBIT"B" hereto. 02.04 The students who participate in the training depicted herein shall hereinafter be referred to as `TRAINEES." 02.05 PUBLIC ENTITY agrees that they shall supply the materials and/or services to Los Medanos College for the performance of this agreement as depicted in EXHIBIT"C" hereto. 02.06 The agreement, and the training contemplated hereby,.are expressly conditional upon advanced written approval, as required by Administrative,Code, Title 22, §100153(a). The County of Contra Costa is the"EMT-P Approving Authority" within the meaning of California Administrative Code, Title 22, §100153. 02.07 The person(s) executing this agreement on behalf of PUBLIC ENTITY represents that they have authority to bind PUBLIC ENTITY to the terms of this contract. In the event that a formal resolution by PUBLIC ENTITY is required to adopt this contract, the signatory(ies)to this agrc-,ment on behalf of PUBLIC ENTITY warrant that such resolution has been obtained. 03.00 PARTICIPATION IN THE PROGRAM 03.01 To maintain the highest quality of patient care, Los Medanos College in consultation with AMERICAN MEDICAL RESPONSE has developed its own internal guidelines concerning the conduct of the training contemplated herein. Los Medanos College's rules and regulations pertaining to Field Internship and Preceptorship are hereinafter referred to as the"PROGRAM." It is by the strict adherence to the principles of the PROGRAM, as it is periodically updated and amended, which insures the best care for patients. PUBLIC ENTITY is familiar with the parameters of the PROGRAM and hereby gives its express approval of the nature, scope and substance thereof. 03.02 At least four weeks prior to the date desired for the commencement of a student's participation in the program, PUBLIC ENTITY shall forward to Los Medanos College any and all appropriate student data to include number of students enrolled, test score from pretest, and contractual agreements with students assigned. Paramedic student participants in the program shall be referred to as "TRAINEE." The failure to provide this information, if demanded, shall constitute- grounds onstitutegrounds for denial of participation or dismissal from participation in the Los Medanos College's PROGRAM. 03.03 Each participant in the training depicted herein shall, prior to the commencement of the TRAINEE's participation in the Los Medanos College's PROGRAM, execute a release agreement in the form attached hereto as EXHIBIT"D." 03.04 Los Medanos College may unilaterally terminate from the PROGRAM any TRAINEE who it deems is not performing satisfactorily, or who fails to follow the administrative and/or patient care policies, procedures, rules and regulations of Los Medanos College or of the applicable EMS regulatory agency. This will be done in consultation with the PUBLIC ENTITY Coordinator. In addition, Los Medanos College may unilaterally terminate from the PROGRAM any TRAINEE who is tardy for, or fails to report for, three scheduled shifts [regardless of the reasons expressed by the TRAINEE]. The PUBLIC ENTITY will not receive any refund for any TRAINEE terminated or who drops out of the program.after it has begun. 2 03.05 Pursuant to California Administrative Code Title 22, section 100151, it shall be the duty of the clinical and paramedic ambulance field personnel to directly supervise, instruct and evaluate all TRAINEES as they participate in the PROGRAM. PUBLL` ENTITY shall provide to Los Medanos College, at the sole and exclusive cost of PUBLIC ENTITY, adequate supplies of"daily" and"major" evaluation forms to be used by preceptors for the evaluation of TRAINEES. These forms shall be provided in multi-part, NCR copy format, and shall be 100% consistent with the design, content and layout recommended by the California Paramedic Program Directors Association. 03.06 PUBLIC ENTITY shall notify TRAINEES that the TRAINEES shall be responsible for conformity with the uniform requirements depicted in EXHIBIT "F" hereto. 03.07 Los Medanos College shall maintain complete attendance records and progress records on each TRAINEE's performance and shall provide evaluations for each trainee in accordance with Los Medanos College's PROGRAM. 03.08 Under no circumstances shall Los Medanos College or AMR be required to allow any TRAINEE to operate any vehicle used in its business under any circumstances. PUBLIC ENTITY is aware of this restriction and consents to the same. It shall be the responsibility of PUBLIC ENTITY to inform all TRAINEES of this requirement and ensure full compliance. 04.00 DISCLAIMERS AND WARRANTIES 04.01 The abilities of each individual person to whom training is provided in the performance of this agreement are variable, unpredictable and not subject to warranty or guarantee. Accordingly, PUBLIC ENTITY understands that Los Medanos College makes no guarantee, representation or warranty regarding the individual success of each student in the training PROGRAM. There is no "money back guarantee" or warranty or guarantee of any kind that the students contemplated herein will eventually become certified. 04.02 By operation of the holding of the matter of Barrigan v Workers' Compensation Appeal Board (1987) 195 Cal.App.3d 637; 240 Cal.Rptr. 811 it is apparent that a TRAINEE who is injured in the course and scope of his or her participation in the Los Medanos College PROGRAM may be deemed an"employee" for purposes of the Workers' Compensation Act. It is the intent of the parties the Los Medanos College will not bear the risk of paying Workers' Compensation Benefits to any injured TRAINEE and this agreement expressly allocates to PUBLIC ENTITY the risk of paying Workers' Compensation Benefits to any injured TRAINEE. 3 04.03 PUBLIC ENTITY agrees to indemnify and hold harmless Contra Costa Community College District, its agents, officers, and employees from any and all liability which arises in any manner from any injury to TRAINEE which occurs in the course and scope of Los Medanos College's PROGRI�-,VI. This duty of indemnity shall include but not limited to a duty of Workers' Compensation defense if a claim is brought against Contra Costa Community College Disfrict. 04.04 It is agreed and understood that the parties to this agreement are independent contractors and that neither is the employee or employer of the other and that employees of one are not the employees of the other. 04.05 In addition to the immunities granted to Internship Training Programs by California Health and Safety Code §1799.100 et.seq., PUBLIC ENTITY agrees to defend, indemnify and hold harmless Contra Costa Community College District or Los Medanos College, its employees, officers or agents from and against any loss, injury, damage or liability [including reasonable attorney's fees] alleged in whole or in part to have been the result of or arisen from the acts, negligent acts, or any other wrongful act or omission on the part of the TRAINEES or stemming in any way from the participation of TRAINEE in the Los Medanos College's PROGRAM, or of PUBLIC ENTITY, its officers or employees. 04.06 Contra Costa Community College District or Los Medanos College agrees to defend, indemnify and hold harmless PUBLIC ENTITY, its employees, officers or agents from and against any loss, injury, damage or liability alleged to have been the result of the negligence and/or any other wrongful act or omission on the part of the District, its employees, officers or agents which acts are wholly unrelated to the acts or omissions of any TRAINEE or agent of PUBLIC ENTITY. 05.00 INSURANCE 05.01 PUBLIC ENTITY will purchase and maintain Comprehensive General Liability Insurance(including Premises/Operations, Contractual Insurance and Personal Injury)with a limit of no less than$1,000,000.00 per occurrence, $3,000,000.00 aggregate, on which policy Contra Costa Community College District shall be named as an additional insured. 05.02 PUBLIC ENTITY will purchase and maintain EMS Professional Liability Insurance with a limit of no less than $1,000,000.00 per occurrence, $3,000,000.00 aggregate, on which policy Contra Costa Community College District shall be named as an additional insured. 05.03 PUBLIC ENTITY will purchase and maintain Workers' Compensation Insurance coverage for each TRAINEE who participates in the Los Medanos College's PROGRAM. 4 05.04 PUBLIC ENTITY shall provide certificates of insurance attesting to the coverage and extensions required herein. The certificates must name Contra Costa Community College District as an Additional Named Insured for the policies depicted and must affirmati-v Ay demonstrate the deletion of any contractual liability exclusions for all coverage depicted herein. The certificate must state that 30-days notice of cancellation or reduction of coverage must be given to Cbntra Costa Community College District. Any restriction in this wording depicting a duty to"endeavor to" give advance notice of cancellation or reduction must be deleted. 05.05 Contra Costa Community College District and Los Medanos College acktzowledge that PUBLIC ENTITY administers a program of self-insurance with respect to the insurance required hereunder and will accept a letter from a duly authorized representative of PUBLIC ENTITY acknowledging the insurance obligations undertaken by the Agreement in lieu of the certificates of insurance required under Article 05.04. 06.00 CONFIDENTIALITY 06.01 PUBLIC ENTITY understands that Los Medanos College and its agents, employees and all others affiliated with its activities [such as TRAINEES] are under a strict statutory duty to maintain absolute confidentiality of patient care. In addition to this statutory duty, the internal workings of the PROGRAM or related sub-contractors are strictly confidential and proprietary. To this end, PUBLIC ENTITY understands and agrees that it will inform its agents and TRAINEES not to discuss, disclose or otherwise reveal or allow to be revealed to any outside parties any internal affairs or any information concerning patient care. The parties understand that this contract may be subject to disclosure as provided by law. 06.02 The administration of prehospital care is a field in which press exposure is inevitable. Los Medanos College prides itself in the professionalism with which it provides its services. However, it has been our experience that innocent discussions with members of the media often develop into inappropriate press coverage. Accordingly, it is Los Medanos College's policy that no contact be made nor communications with the press occur without advance approval in writing. PUBLIC ENTITY agrees that its agents and employees will not discuss confidential patient care information with any member of the press. 5 07.00 GENERAL PROVISIONS 07.01 The agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties hereto. No supplement, modification, or amendment of this agreement shall be binding-unless executed in writing by all the parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 07.02 The parties hereto understand that the law offices of Atkinson, Andelson, Loya, Rudd and Romo has, in regards to negotiation and preparation of this agreement, represented only Los Medanos College herein. PUBLIC ENTITY has been advised to seek independent counsel in regards to the review of this complex legal document and have either done so or declined to do so. 07.03 This contract shall be governed by and construed in accordance with the laws of the State of California. 07.04 Any action brought by a party hereto seeking to enforce or seeking remedies for the breach of this agreement shall entitle the prevailing party to reasonable attorney's fees and costs. 6 WHEREUPON IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE READ THE PROVISIONS HEREOF, THEY ARE CONFIDENT THAT THEY UNDERSTAND THE MEANING AND EFFECT OF THE PROVISIONS HEREOF, AND THAT THEY DESIRE TO EXECUTE THE SAME. PUBLIC ENTITY: CONTRA COSTA FIRE PROTECTION DISTRICT BY:� (Please print: Ma rE TITLE: 64"t'r , �ar� ��m�iss gone rS APPROVAL OF CONTRA COSTA COMMUNITY COLLEGE DISTRICT BY: Wil/ [Please print• Sohn E. Hendrickson TITLE: Vice Chancellor, Business Services 7 EXHIBIT "A" Description of Training Program The training program to be provided by Los Medanos College and its sub-contractor AMR will be a full, standard program of study for Mobile Intensive Care Paramedics (or EMT-P) as defined within the State of California. Each program will consist of a total of not less than one thousand, thirty-two hours (1,032 hours) of instruction divided into three distinct phases: Phase I: Didactic 392 hours (minimum) of in-classroom lecture and lab time Phase H: Clinical 160 hours(minimum) of in-hospital observation and participation Phase III: Internship 480 hours (minimum) of in-ambulance observation and participation s EXHIBIT `B' Proposed Schedule Los Medanos College and its sub-contractor AMR will be providing a full paramedic training program during the course of this agreement. The program will consist of the hours as described on Exhibit "A: and will be conducted in a part-time format. The commencement date will be April 7, 1997. The program will be completed by March 31, 1998. Program Costs The cost for the program of training will be $102,307.00 for a maximum of 24 students. Payment of the contract amount will be due on June 1, 1997. EXHIBIT "C" Items to be Supplied by Public Entity The public entity agrees to supply the following for the training program: • 1 - Adequate Training Facility for Didactic Phase • Insurance (as described in main agreement) • 1 - Overhead Projector • 1 - 35mm Slide Projector • 1 -Projection Screen • 1 - Color Television • 1- Video Cassette Player/Recorder • Controllers and Extension Cords as Necessary • 4 - Spinal Immobilization Boards (backboards) • 4 -Rigid Cervical Collars(Philadelphia, Stiff-neck, etc.) • 4 - C-Spine Immobilizer Sets Representative of Those in Use in the Department/District(i.e., foam blocks, head-beds, etc.) 10 EXHIBIT "D" TRAINEE RELEASE AGREEMENT PARTICIPATION IN AMBULANCE TRANSPORT, TRAINING AND RESCUE IS DANGEROUS. WE REQUIRE ALL PERSONS WHO WISH TO ACCOMPANY AMR PERSONNEL FOR EDUCATIONAL OR EVALUATION PURPOSES TO ASSUME ALL RISK OF INJURY. 01.01 In consideration of being permitted to accompany the employees of AMERICAN MEDICAL RESPONSE WEST, as they perform their duties of ambulance transport, training and rescue, for educational purposes: 01.02 I hereby release,waive, discharge and covenant not to sue LOS MEDANOS COLLEGE and AMR individually and on behalf of their subsidiaries, parents, siblings, officers, directors, shareholders, agents, employees, representatives, predecessors, successors and assigns, from all liability to me, and to my personal representatives, assigns, heirs and next of kin, for all loss, damage or claim of personal physical injury, property damage sustained by me, or my death; 01.03 I understand the risk and danger of physical harm inherent to ambulance transport, training and rescue. I am aware of the risk of grievous bodily harm, property loss and the risk of my death as a result of many factors, including, but not limited to: toxic materials, biological hazards, infectious disease,vehicular accidents, fire, gunshot, physical violence, social insurrection, natural disaster, flood and radiation. 01.04 I acknowledge that for educational or evaluation purposes, I voluntarily wish to face the dangers inherent in ambulance transport and care, I wish to assume the risk of personal injury. I acknowledge that I have executed this agreement voluntarily, without duress, and in exchange for the educational value of the observation of AMR employees in action. 01.05 I UNDERSTAND THAT MY SIGNING THIS AGREEMENT GIVES UP RIGHTS THAT I MAY HAVE TO SUE LOS MEDANOS COLLEGE AND AMR FOR INJURY OR DEATH AS A RESULT OF THE CONDUCT OF PERSONS, INCLUDING EMPLOYEES OF LOS MEDANOS COLLEGE AND AMR. I HAVE BEEN ADVISED TO SEEK THE ADVICE OF AN ATTORNEY REGARDING THIS AGREEMENT. County Administrator Contra Risk Management Costa County Administration Building Risk Management 651 Pine Stieet,6th Floor Administration (510)335-1450 Martinez,California 94553-1229 County Fax Number (510)335-1420 E..c sr'1 COUK� April 22, 1997 Contra Costa Community College District 500 Court Street Martinez, CA 94553 To Whom It May Concern: Re: Agreement with Los Medanos College for Training .of Contra Costa County Fire Protection District Employees The County of Contra Costa has a comprehensive self-insurance program to cover its general and automobile liability exposure, as well as its obligations under the Workers ' Compensation laws of California. The County's self-insurance program provides for the legal defense of officials, employees, and volunteers pursuant to Government Code Section 825 and for the payment of all sums that the County is obligated to pay by reason of liability imposed by law and arising from acts or failures to act, excepting punitive damages. This protection covers services performed by officers, employees, and volunteers within the scope of their official duties in accordance with the conditions of their employment or service. The self-insurance program is funded to provide payment of claims . Sincerely, aEPHe. TONDA Risk Manager JJT:py cc: Chief Allen Little PLEASE COPY THE ABOVE PARAGRAPH IN YOUR OWN HANDWRITING: DATE: NAME: Print: WITNESS: 12 r EXHIBIT "E" Location of Didactic Phase I: Didactic for the course will be conducted at the following location in Contra Costa County: Contra Costa County Fire Protection District 2945 Treat Blvd. Concord, CA 94520 510/930-5562 Entity warrants this location to be reasonably suited to the conduct of a program of adult education. Los Medanos College, having no responsibility for the selected location, shall not be liable for any claims stemming from the facilities compliance or non-compliance with the Americas with Disabilities Act (ADA). 13