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HomeMy WebLinkAboutOrange County EMT - 2021-10-18 (2) COLLEGE/PREHOSPITAL PROVIDER AGREEMENT TO PROVIDE SUPERVISED FIELD SERVICE EXPERIENCE FOR EMS PROGRAM STUDENTS This COLLEGE/PRE-HOSPITAL PROVIDER AGREEMENT (hereinafter referred to as "Agreement") is entered into by and between the Orange County EMT, (hereinafter referred to as "COLLEGE" and the City of Huntington Beach Fire Department, (hereinafter referred to as "PROVIDER"). The COLLEGE and PROVIDER shall collectively be referred to herein as "THE PARTIES". The COLLEGE maintains an Emergency Medical Services Program for students studying in the fields of Emergency Medical Technician Basic ("EMT-B"), Emergency Medical Technician Intermediate ("EMT-I"), Emergency Medical Technician Paramedic ("EMT-P") hereinafter collectively referred to as the ("EMS Program"). The EMS Program has certain requirements for students to gain supervised field experience while enrolled in the EMS Program. The PROVIDER supplies emergency medical services to the community which lend themselves to the provision of said supervised field experience for students of the EMS Program. The PROVIDER shall retain complete responsibility for fire protection,disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "FIRE SERVICES"). Students in the program are restricted from performing any FIRE SERVICES that are not EMS related. The students training experience will provide observation of the day to day responsibilities of the PROVIDER as well as provide the required hours and field experience in emergency medical patient care in correlation with the Huntington Beach Fire Department Program Internship Field Guide in accordance with the pertinent sections of Division 9 of Title 22 of the California code of Regulations and Division 2.5 of the California Health and Safety Code. The PROVIDER shall retain ultimate responsibilityat all times for the care of all patients receiving EMS treatment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: AGREEMENT 1. The COLLEGE shall: a. Assume full responsibility for the preparation of instructors for positions in EMS Academy. b. Be responsible for the development organization and implementation of the EMS Program curriculum under the direction of a qualified EMS Program Director. Select test and supervise the students admitted to the EMS Program at the time of admittance and throughout the period of time prescribed for the student's completion of the EMS Program. c. Provide certificated instructors to teach all prescribed courses in the EMS Program, including any instruction or training which may be carried on at the PROVIDER. The instructors and the Director of EMS Program shall be named, appointed, and assigned by the COLLEGE in accordance with its established procedures for employment of instructional personnel. d. Provide each new instructor and opportunity to participate in an orientation with the PROVIDER. This orientation shall be arranged through mutual agreement of the COLLEGE and the PROVIDER. e. Provide all instructional supplies and equipment as needed for the EMS Program, except those which the PROVIDER hereinafter specifically agrees to provide. f. Provide administrative functions, including admission, counseling, scheduling, attendance, accounting, and achievement records in connection with the EMS Program. Similar to those maintained for all other students at California EMS Academy. g. Furnish copies of class schedules and student rotation assignments to the PROVIDER, prepared by the EMS Program Director after consultation with the PROVIDER. h. Provide documentation that recognized the EMT- Paramedic program meets national standards and is an accredited program through CAAHEP and CoAEMSP. i. Provide PROVIDER copy of the Emergency Notification Form for each student prior to participation in the EMS Program Field Training. 2. The PROVIDER shall provide the following: a. The cooperation and counsel of the PROVIDER to help ensure success of the EMS program. b. As broad an experience as possible with opportunities for observation, participation, or independent activity involving day to day responsibilities of emergency medical patient care through the program offered by the PROVIDER. c. Retain complete control and responsibility of victim/patient care as well as supervision and oversight of students participation at all times. 3. Should emergency treatment be necessary for students in the event of accident or sudden illness, the cost of such treatment shall be covered by the Student. It will be the duty and obligation of the COLLEGE to insure that a claim is properly filed with the COLLEGE's risk Management Department. The parties agree that the standards of the EMS program shall be maintained at a level equal to or exceeding those required by the state of California as outlined in r le 22 of the Code of Regulations. 4. The Parties agree that the students and staff of the COLLEGE participating in the EMS Program are not employees or agents of the PROVIDER, nor shall they become employees or agents of the PROVIDER by virtue of their participation in the EMS Program, but shall be subject to and shall abide by all PROVIDER rules, regulations, and policies, including, but not limited to: those governing professional conduct, confidentiality, discrimination, affirmative action, substance abuse, and Blood Borne Pathogen Control Plan. In the event a student fails or refuses to do so, the PROVIDER reserves the right to deny the use of its facilities and services by such student. 5. Each student in the EMS Program, prior to beginning field training with the PROVIDER, shall have on file, documentation of health status with the College EMS Program Director including: documentation of negative TB test within the previous year, and current Hepatitis B vaccination. This documentation shall be provided by PROVIDER upon request. 6. The number of students participating in the EMS Program who are assigned to the PROVIDER shall be determined by mutual agreement of the Parties. 7. Per Division 9 of Title 22 of the California Code of Regulations; no more than one (1) EMT student, of any level, shall be assigned to a response vehicle at any one time during the student's field training. 8. Students are not authorized to drive any PROVIDER vehicle, but may ride in such vehicles during their participation in this program when driven by a PROVIDER employee. 9. A strict code of confidentiality of victim/patient information shall be maintained by all participants in the EMS Program. a. Students will sign a Statement of Confidentiality as part of the Orientation. This signature binds the student to maintain patient confidentiality throughout the field experience. No copies of patient records shall be made, and no records or copies thereof shall be removed from the PROVIDER. b. The discussion, transmission, or narration in any form by students of any individually identifiable client/patient information, medical or otherwise, obtained in the course of the EMS Program is forbidden. Students hall use de-identified information only in any discussions about the clinical experience with the College, its employees, or agents as a necessary part of the practical experience. c. In the event of an individual's failure to comply with the confidentiality requirements states herein, or his/her refusal to enter into a confidentiality agreement hereinafter required to be entered into with the PROVIDER's resources, as applicable, shall be denied approval to participate under this Agreement. 10, Initial Term and Renewal a. The term of this Agreement shall be from the last date of final execution to January 30, 2022. b. One hundred eighty (180) days prior to the date of expiration of this Agreement. COLLEGE, shall give PROVIDER written notice of whether COLLEGE intends to extend this Agreement or enter into a new agreement with PROVIDER for EMS Program Services. 11. Termination Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than one (1) month prior to the expiration of the term hereof. If such notice is given unilaterally by PROVIDER or COLLEGE, PROVIDER agrees those students enrolled at the time in the COLLEGE EMS Program may be permitted to complete their field training pursuant to and under this agreement in the sole discretion of the PROVIDER on the condition the COLLEGE., agrees to continue the effectiveness of the provisions of this Agreement with regard to the students. 12. Discrimination The COLLEGE employees,agents, and students accessing PROVIDER resources hereunder shall not discriminate in the provision of services, allocation of benefits,accommodation in facilities, or employment of personnel on the basis of race, religion, medical condition, disability, marital status, sex, age, or sexual orientation and shall comply with all other requirements of law regarding nondiscrimination and affirmative action including those laws pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities. For the purposes of this Agreement, distinction on the grounds of race, religion, medical condition, disability, marital status, sex, age, or sexual orientation include, but not limited to, the following: a. Denying an eligible person or providing to an eligible person any service or benefit which is different, or is provided in different manner or at a different time from that provided to other eligible persons under this Agreement. b. Subjecting an eligible person to segregation or separate treatment in any manner related to his/her receipt of any service or benefit, except when necessary for infection control. c. Restricting an eligible person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving a similar service or benefit. d. Treatment of an eligible person differently from others in determining whether he/she has satisfied any eligibility, membership, or other requirement or condition which individuals must meet in order to be provided the same or similar service or benefit. e. The assignment of times or places for the provision of services on the basis of race, religion, medical condition, disability, marital status, sex, age or sexual orientation of the eligible person to be served. 13. Insurance COLLEGE shall purchase and maintain during the duration of this Agreement and after the expiration of this Agreement as provided below, the following insurance coverage: a. Worker's compensation and employer's liability coverage for College's legal and statutory obligations for damages due to bodily injuries either by accident or disease, occurring to College's employees, agents, or servants as a result of employment. b. General liability covering College, its agents, students, employees, and servants for bodily injury personal injury, or property damage claims arising out of the premises, products or activities of the College. Minimum limits of liability for the above coverage shall be $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury and property damage. c. Professional liability covering College, its agents, employees, and servants for bodily injury and personal injury claims of victim/patients arising out of the rendering or failure to render care by Staff, College or its agents, students, employees or servants. Minimum limits of liability shall be $1,000,000 per incident and $3,000,000 annual aggregate. In the event such coverage is through a "claims made policy and is either cancelled, replaced or non-renewed, College shall obtain and maintain extended coverage ("tail") insurance covering occurrences during the effective period of this Agreement. d. All students performing field work, internships and similar activities who are registered in for-credit courses for which the internships are required are covered with the College's general and /or professional liability insurance with blanket policies. e. The policies required hereunder shall provide for written notice to Provider at least thirty (30) days prior to the cancellation or modification of any above-mentioned insurance. f. College shall provide Provider with certificates of insurance as evidence that all coverage required under this Agreement listed above have been obtained and are in full force and effect. Provider shall be named on all policies required under this Agreement as an additional insured per the requirements of this Agreement. Certificates of Insurance must be supplied within five (5) days of effective date of this Agreement, and thereafter prior to the expiration date noted upon each certificate. Such policies and the insurers thereunder shall be subject to reasonable and good faith approval by Provider. g. It is understood and agreed that the California State University is a self- insured public agency of the State of California. The University also maintains self-insurance programs to fund its respective liabilities. 14. Indemnification and Hold Harmless To the fullest extent permitted by applicable law, COLLEGE shall and does agree to indemnify, protect,defend and hold harmless PROVIDER, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits awards, judgments and expenses, attorney and /or consultant fees and costs, taxable or otherwise, of any nature, kind, or description of any person or enemy, directly or indirectly arising out of, caused by , or resulting from (1) the services performed hereunder, by COLLEGE and student, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act of omission of COLLEGE and student its officers, employees, subcontractors, agents, or representatives (collectively, "liabilities"). Notwithstanding the foregoing, the only liabilities with respect to which COLLEGE'S obligation to indemnify, including the cost to defend, the Indemnities does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims to not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, PROVIDER shall and does agree to indemnify, protect, defend and hold harmless COLLEGE, its agencies, districts, special districts and departments, their respective directors, officers elected, and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments, and expenses, attorney and/or consultant fees and costs, taxable or otherwise, or any nature, kind or description or any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by PROVIDER,or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of PROVIDER, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which PROVIDER's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise our of, pertain to or relate to the Scope of Work in the Agreement. 15. Disputes COLLEGE shall select and appoint an "Contract Administrator" who shall under the supervision and direction of COLLEGE, be available for contract resolution or policy intervention with PROVIDER, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of COLLEGE has the potential to conflict with PROVIDER interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the COLLEGE and PROVIDER employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposed of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. COLLEGE and PROVIDER agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between COLLEGE and PROVIDER representatives may be resolved, by mutual agreement of the parties, through alternate forms of dispute resolution including, but not limited to mediation or non0binding arbitration. The costs associated with the selected form of dispute resolution such as mediation or non-binding arbitration shall be shared equally among the participating parties. If the alternate form of dispute resolution does not resolve the issue(s), the parties reserve the right to seek remedies as provided by law or in equity. Venue for litigation shall be in Orange County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in the Section or claims by third parties that are made against the PROVIDER, shall be submitted to the Office of the Clerk of the Board for the County of Orange in a timely manner. 16. Delivery of Notices Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and address to: PROVIDER COLLEGE Huntington Beach Fire Department Orange County EMT 2000 Main Street 26489 Rancho Parkway Huntington Beach, CA 92648 Lake Forest, CA 92630 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. 17. Entire Contract This agreement contains the whole contract between the parties for the provision of Preceptor Services. It may be amended or modified upon the mutual written consent of the parties hereto. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities,and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar service. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken shall constitute one and the same instrument. In WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first here in above written. DATED: Orange County EMT Name: Corey Gremel Title: Program Director By: DATED: Orange County EMT Name: Andrew Kilian Title: Program Director By: DATED: 'fib l --1 Huntington Beach Fire Department Name: <� c-,o,-r7- d)dze:-?i Title: 64— By: Receive and File APPROVED AS TO By: "IC E. GATES' V RNEY City Clerk MTV , INTINGTON BEACH COUNTERPART DATED Z Orange County EMT Name: Corey Gremei Title: ����"" r�,,""�� By: DATED:A—A�ri r Orange County EMT Name: Andrew Kilian Title: PLAgram Director By: DATED: /ts 'l b ' z Huntington Beach Fire Department Name: S c-.P-rr kAeizty Title: yA,,f,, G -&r— By: APPROVED AS TO FORM BY: MICHAEL E.GATES,' A CM ATTORNEY ' C11v OF H(INTMNI:TON BEACH COUNTERPART ,4ro CERTIFICATE OF LIABILITY INSURANCE DATE IYWOMYYY) I I/1112021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. t e cart cafe o er a an ADDITIONAL INSURED,the po icy(les)must he endorsed. If SUBROGATiON ,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER LUNFALT NAME- Lindsay Lunenherg Sav-Lux Insurance Services Box 14913 HON Eey; 949 444 9969 P TA%_Rol: 94941P2156 O. I FA ADDRESS; Llnduy@uvlux.com WSURERISI AFFORDING COVERAGE SAMa San Clemente CA 92673 aWJ1 A: Mesa Underwriters Specially Insurance IRsuReD INMERa: State Compensation Insurance Fund 35076 Orange CountyEMT IIWlitil American Casualty Company of Reading,Pennsylvania 26499 Rancho Parbwy South 90M)Ese D: Wfllr?ll E: Lake Forest CA 92630 WaURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ISTOCERTIFY THAT THE POLICIES 04:IN URAN E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VIDE LTR 7Vse OF aISIRIANCE ryTgp POUCY serVO POLICTNUNMEA sGGAoo(r e11 UOrvvvT u To X cowdumLownuiLlummurry EACH OCCURRENCE f 2AOOAIO CIaiaw OE a OCCUR PREMNS { 100AOO MED EAP(Any an asreaN a SAM A Y MP0004007018710 OS/28/2021 05/28/2022 PERSONAL a ADVesiuvor a Excluded GENL AGGREGATE LIMIT APPLES PER GENERAL AGGREGATE { 4A OOO 7C POLICY❑7T LOC PRODUCTS-Coal ADD It Excluded OT/EA f AUTf1MDaAE laAaIJTY I { ANYAUTO BODILY PLANC/(Per(r♦eu A { AUTOS AUTO°MF0 APPROVED AS TO FORM 9OCILY NUURY(Pw sauarq { H FO AUTOS MONIDYWAO uni0 { AUTOS �awaRe, By: { IIMaRELLA LIAs � EACH OCCURRENCE f EXCESS LIAR CITY ATTORNEY _ -- _ OCCUR °F CITY OF HUNTINGTON'BEAC" M'GRECATE { DED I RETENTIONS I I f AIIDEMPLOVBWLMBaIrY TIN X I ATUTE ANY PROPRIETOR/PARTNFRIExECUTIVE EL EACHACCIDENT f 1,OOB4O00 Au:Y B oPFICEReFR ExcwoEm (Y] NIA 923834810 0601/2021 06101/2022 (MawMa.y In NH) EL.DISEASE-EA EMPLOYEE f 1A00A00 IIy1e IPTIONOFO IN gtRIPtION OF OPFRAiIONS bbw EL DISEASE-POLICY LIMIT f 1,0130,000 C ProfesSIOnal Llablllly 0127309331 OW0112021 06/0172022 Limit:$ZOOD,000 ClainVS5,000,000 Agg A Abuse and Molestation MPOOD4007018710 05/18/2021 OS12B/2022 Limit S25,0000cc/550,ODOAgg DESCRIPTIONOFMERAT SILOCATIONSIVEHICLES (ACORO 101,AadltlaMl Ramat Schedule,neybeetbcM4acoon SpacelenpAM) The City of Huntington Beach Fire Department is listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City Of Huntington Beach Fire Department ACCORDANCE WITH THE POLICY PROVISIONS. 20DO Main 51 AUTHORIZED D REPRESENTATIVE Huntington Beach :A 9)(AH ACI>�,PC:yb t6l/.C 1988-2014 ACCORD CORPORATION. All rights reservod. ACORD 25(2014101) The ACORD name and logo are registered(narks of ACORD POLICY NUMBER: MP0004007018710 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Or anization(s): The City of Huntington Beach, its 26429 Rancho Parkway, Suite 150 Lake Forest, CA 92630 Officers, Elected or Appointed Officials, Employees, Agents, and Volunteers. Information required to complete this Schedule if not shown above will he shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily Injury", "property This insurance does not apply to 'bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1• All work, including materials, pans or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work' out of which [lie injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 Insured Copy COLLEGE/PREHOSPITAL PROVIDER AGREEMENT TO PROVIDE SUPERVISED FIELD SI?RVICE EXPERIENCE FOR EMS PROGRAM STUDENTS This COLLEGE/PRE-HOSPITAL PROVIDER AGREEMENT (hereinafter referred to as "Agreement") is entered into by and between the Orange County EMT, (hereinafter referred to as "COLLEGE" and the City of Huntington Beach Fire Department, (hereinafter referred to as "PROVIDER"). The COLLEGE and PROVIDER shall collectively be referred to herein as "THE PARTIES", The COLLEGE maintains an Emergency Medical Services Program for students studying in the fields of Emergency Medical Technician Basic (°EMT-B"), Emergency Medical Technician Intermediate ("EMT f"), Emergency Medical 'Technician Paramedic ("EMT-P") hereinafter collectively referred to as the ("EMS Program"). The EMS Program has certain requirements for students to gain supervised field experience while enrolled in the EMS Program. The PROVIDER supplies emergency medical services to the community which lend themselves to the provision of said supervised field experience for students of the EMS Program. The PROVIDER shall retain complete responsibility for fire protection,disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "FIRE SERVICES"). Students in the program are restricted from performing any FIRE SERVICES that are not EMS related. The students training experience will provide observation of the day to day responsibilities of the PROVIDER as well as provide the required hours and field experience in emergency medical patient care in correlation with the Huntington Beach Fire Department Program Internship Field Guide in accordance with the pertinent sections of Division 9 of Title 22 of the California code of Regulations and Division 2.5 of the California Health and Safety Code. The PROVIDER shall retain ultimate responsibilityat all times for the care of all patients receiving EMS treatment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: AGREEMENT 1. The COLLEGF,shall: a. Assume full responsibility for the preparation of instructors for positions in EMS Academy. nondiscrimination and affirmative action including those laws pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities. For the purposes of this Agreement, distinction on the grounds of race, religion, medical condition, disability, marital status,sex, age, or sexual orientation include, but not limited to, the following: a. Denying an eligible person or providing to an eligible person any service or benefit which is different,or is provided in different manner or at a different time from that provided to other eligible persons under this Agreement. b. Subjecting an eligible person to segregation or separate treatment in any manner related to his/her receipt of any service or benefit, except when necessary for infection control. c. Restricting an eligible person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving a similar service or benefit. d. Treatment of an eligible person differently from others in determining whether he/she has satisfied any eligibility, membership, or other requirement or condition which individuals must meet in order to be provided the same or similar service or benefit. e. The assignment of times or places for the provision of services on the basis of race, religion, medical condition, disability, marital status, sex, age or sexual orientation of the eligible person to be served. 13. Insurance COLLEGE shall purchase and maintain during the duration of this Agreement and after the expiration of this Agreement as provided below, the following insurance coverage: a. Worker's compensation and employer's liability coverage for College's legal and statutory obligations for damages due to bodily injuries either by accident or disease, occurring to College's employees, agents, or servants as a result of employment. b. General liability covering College, its agents, students, employees, and servants for bodily injury personal injury, or property damage claims arising out of the premises, products or activities of the College. Minimum limits of liability for the above coverage shall be $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury and property damage. c. Professional liability covering College, its agents, employees, and servants for bodily injury and personal injury claims of victim/patients arising out of the rendering or failure to render care by Staff, College or its agents, students,employees or servants. Minimum limits of liability shall be $1,000,000 per incident and $3,000,000 annual aggregate. In the event such coverage is through a "claims made policy and is either cancelled, replaced or non-renewed, College shall obtain and maintain extended coverage ("tail') insurance covering occurrences during the effective period of this Agreement. d. All students performing field work, internships and similar activities who are registered in for-credit courses for which the internships are required are covered with the College's general and /or professional liability insurance with blanket policies. e. The policies required hereunder shall provide for written notice to Provider at least thirty (30) days prior to the cancellation or modification of any above-mentioned insurance. f. College shall provide Provider with certificates of insurance as evidence that all coverage required under this Agreement listed above have been obtained and are in full force and effect. Provider shall be named on all policies required under this Agreement as an additional insured per the requirements of this Agreement. Certificates of Insurance must be supplied within five (5) days of effective date of this Agreement,and thereafter prior to the expiration date noted upon each certificate. Such policies and the Insurers thereunder shall be subject to reasonable and good faith approval by Provider. g. It is understood and agreed that the California State University is a self- insured public agency of the State of California. The University also maintains self-insurance programs to fund its respective liabilities. 14. Indemnification and Hold Harmless To the fullest extent permitted by applicable law, COLLEGE shall and does agree to indemnify, protect,defend and hold harmless PROVIDER, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits awards, judgments and expenses, attorney and /or consultant fees and costs, taxable or otherwise, of any nature, kind, or description of any person or enemy, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by COLLEGE and student, or any part thereof, (2) the Agreement, including any approved amendments or modifications,or(3) any negligent act of omission of COLLEGE,and student its