HomeMy WebLinkAboutMt. San Antonio College - 2025-04-01 (2) •
. MT SAC
Mt.San Antonio College
AFFILIATION AGREEMENT
BETWEEN
MT. SAN ANTONIO COLLEGE
AND
HUNTINGTON BEACH FIRE DEPARTMENT
THIS AFFILIATION AGREEMENT is made and entered into by and between.
MT. SAN ANTONIO COLLEGE (hereinafter referred to as"Program"), 1100 N. Grand
Avenue, Walnut, CA 91789,and HUNTINGTON BEACH FIRE DEPARTMENT
(hereinafter referred to as "Affiliate"), 2000 Main Street, 5th floor, Huntington Beach, CA
92648, with reference to the following facts:
RECITALS:
WHEREAS, Program conducts training and instruction.programs for
students leading to certification and ['censure as EMT-Paramedics in the State of
California:(hereinafter collectively referred to as "Trainees"); and.
WHEREAS, said training requires a 480-hour internship for Trainees to obtain
broader clinical learning experiences in a location providing primary 911 service; and
WHEREAS, Affiliate maintains facilities which can be used to furnish clinical
experience to Trainees and is an approved emergency medical services provider, and
Affiliate desires to have their facilities so used and •
WHEREAS, it is in the mutual interest and benefit of the parties that Trainees
obtain their clinical experience at Affiliate's facilities.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
set forth below, the parties agree as follows:
. I. RESPONSIBILITIES OF PROGRAM. Program agrees that it shall:
A. Establish the educational goals and objectives of the paramedic education
program in a manner consistent with the standards and requirements set
forth by Affiliate. Such goals and objectives shall reflect Program's
commitment to providing education and training programs to Trainees.
B. Designate a member of Program's staff to provide coordination, oversight
and direction of Trainee's educational activities and assignments during the
field internship with Affiliate. Such person shall be the Clinical Coordinator
and shall also act as liaison with Affiliate.
C. Provide each Trainee with a pre-assigned health assessment, which shall
include a history of immunizations, proof of Hepatitis B vaccination or
immunization, proof of.MMR vaccination, proof of negative TB test, and proof
of varicella titer.
D. Educate trainees regarding compliance with all required OSHA regulations
including, but not limited to, Blood-borne Pathogen Standards.
E. Furnish each Trainee with a clinical experience manual or materials that
describe the goals, policies, and procedures of the Program. Affiliate shall
have the opportunity to review and comment on these materials.
F. Development and implement a mechanism for determining evaluation of
the performance of Trainees to include,where appropriate, input from
Affiliate.
G. Maintain records and reports concerning the education of Trainees,which
shall include the.Trainee's licensure/certification, pre-assignment health
assessment record, and history of immunizations.
H. Maintain medical malpractice insurance for Trainees during the field
internship with Affiliate.
I. Program recognizes that Trainees are not covered by Affiliate's Workers'
Compensation Insurance or Self-Insured Program. Program represents and
warrants that it will maintain or ensure that its Trainees are covered under
Program's Workers' Compensation Insurance should any Trainee be injured
or become ill during their clinical internship. Program will provide Affiliate with
a written verification of insurance coverage in the form of a certificate of
insurance prior to the commencement of the program.:
J. Require assigned Trainees to:
1. Comply with Affiliate's applicable policies, procedures and
guidelines, and applicable state and federal laws and regulations,
including those concerning the confidentiality of patient care and
patient care records: and
2. Have all required personal protective equipment including, but not
limited to, safety goggles and an appropriate uniform.
II. RESPONSIBILITIES OF AFFILIATE. Affiliate agrees that it shall:
A. Maintain adequate staff and equipment to meet the educational goals and
objectives of the Program in a manner consistent with the standards and
requirements established by Program and Affiliate.
B. Assign each Trainee a preceptor with appropriate training and experience
to supervise the Trainee during each clinical assignment.The preceptor
shall monitor the Trainee's progress and evaluate the Trainee at the end
of each shift on forms provided by the Program.
C. Designate, after consultation with.Program, a person to coordinate
Trainees' schedules and activities while working with Affiliate. Such
person shall be the Program Coordinator and shall act as liaison with
Program. The name of Affiliate's Program Coordinator shall be provided to
Program's Clinical Coordinator.
D. Implement schedules for Trainees in conjunction with the Clinical
Coordinator and in accordance with Program's educational goals and
objectives. Affiliate shall determine the number of Trainees permitted to
rotate through the field internship. Affiliate must ensure that Trainees are
provided appropriate supervision. Trainees are not to be used to replace
staff of Affiliate and Affiliate is ultimately responsible for patient care.
E. Protect the health and safety of Trainees on rotation with Affiliate by
providing each Trainee with the following:
1: A brief orientation of the clinical area where Trainee will be working,
and information about Affiliate's security measures,fire safety and
disaster protocols, and any additional recommended personnel
safety and security precautions;
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2: Instruction in Affiliate's policies and procedures for infection control,
including the handling and disposal of needles and other sharp
objects,and in Affiliate's protocols for on-the-job injuries, including
those resulting from needlestick injuries and other exposures to
blood or body fluids or airborne contaminants;
3. First aid and other emergency treatment on-site, including, but not
limited to, immediate evaluation for risk of infection and appropriate
follow-up care of Trainee in the event of a needlestick injury to or
other exposure of Trainee to blood or body fluids or airborne
contaminants. In the case of suspected or confirmed exposure to
the human immunodeficiency virus (HIV)or hepatitis, such follow-
up care shall be consistent with the current guidelines of the
Centers for Disease Control ('`CDC")and the community's standard
of care. Information.regarding the CDC may be obtained by calling
(800-342-2437).The initial care and administration of testing and
prophylactic therapy shall be paid for by Program.
4. Access to any of Affiliate's applicable-reference materials.
F. Maintain its appr
oval as an emergency medical service provider and
comply with all applicable laws, regulations,.and Program requirements.
Affiliate shall notify Program within five days of receipt of notice that
Affiliate is not in compliance with any such laws, regulations, or Program
requirements.
G. Permit inspection of its clinical and related facilities by-the Clinical .
Coordinator or other Program faculty and staff to evaluate Trainee
performance.
H. With respect to any professional services performed by Trainees under
this.Agreement,Affiliate agrees to inform Program and its Clinical
Coordinator as follows:
1. Immediately upon initiation of an investigation into the conduct of a •
Trainee;
2. Within five days after receipt of service of a complaint, summons or
notice of a claim naming a Trainee; or .
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3. Prior to making or accepting a settlement offer in any lawsuit or
legal claim in which a Trainee has been named or in which a
settlement is being proposed on their behalf:
III. DISCRIMINATION PROHIBITION.
Program and Affiliate agree not to discriminate in the selection or
acceptance of any Trainee pursuant to this Agreement because of race, color,
national origin, religion,sex, sexual orientation, mental or physical disability, age,
veteran's status, medical condition (cancer related)as defined in Section 12926
of the California Government Code, ancestry, marital status, or citizenship,within
the limits imposed by law or Program policy.
IV. TERM.
This Agreement shall commence on April 1,2025 and terminate on
March 31, 2030.
V. TERMINATION.
Notwithstanding any other provisions to the contrary, this Agreement may,
be terminated.with or without cause at any time by either party upon ninety(90)
days' prior written notice to the other party or upon completion of the rotations of
all currently enrolled trainees,
VI. INSURANCE:
A. As a condition precedent to the effectiveness of this Agreement, Program
shall maintain insurance or self-insure its activities in connection with this
Agreement by maintaining programs of self-insurance as follows:
1. General Liability self-insurance with limits of one million dollars
($1,000,000) per occurrence, with no annual aggregate limit. The
insurance shall have a retroactive date prior to or coinciding with the
effective date of this Agreement and a deductible of no more than
fifty thousand dollars ($50,000).
2. Student Professional Liability self-insurance with an effective date
which coincides with the effective date of this Agreement.
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3. Workers' Compensation Self-Insurance Program covering
Program's full liability as'required by law under the Workers'
Compensation Insurance and Safety Act of the State of California
as amended from time to time.
4. Such other insurance in such amounts which from time to time may
be reasonably required by the mutual consent of the parties against
other insurable risks relating to performance.
Program, upon the execution of this Agreement, shall furnish
Affiliate with Certificate of Coverage evidencing compliance with all
requirements. Certificate shall provide for advance written notice to
Affiliate of any modification, change or cancellation of any of the above
insurance coverages.
VII. INDEMNIFICATION.
A. Affiliate shall defend, indemnify and hold Program, its officers, employees,
Board, volunteers, agents, and Trainees harmless from and against any
and all liabilities, losses,expenses (including reasonable attorneys'fees),
damages, actions, or claims for injury arising out of the performance of this
Agreement but only in proportion to and to the extent such liability,loss,
expense, attorneys'fees, damage, action, or claim for injury are caused by
or result from the negligent or intentional acts or omissions of Affiliate, its
officers, employees, or agents.
B. Program shall defend, indemnify and hold Affiliate, its officers, employees,,.
Board, volunteers, and agents harmless from and against any and all
liabilities, losses, expenses (including reasonable attorneys' fees),
damages, actions, or claims for injury arising out of the performance of this
Agreement but only in proportion to and to the extent such liability, loss,
expense, attorneys'fees, damage, action, or claim for injury are caused by
or result from the negligent or intentional acts or omissions of Program, its
officers,employees,Board, volunteers, agents, or.Trainees.
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VIII. COOPERATION IN DISPOSITION OF CLAIMS.
Affiliate and Program agree to cooperate with each other in the timely
investigation and disposition of audits, peer review matters, disciplinary,actions
and third-party liability claims arising out of any services provided under this
Agreement or in the operation of the Program. The parties shall notify one another
as soon as possible of any adverse event which may result in liability to the other
party. It is the intention of the parties to fully cooperate in the disposition of all
such audits, actions or claims. Such cooperation may include, but is not limited to,
timely notice,joint investigation, defense, disposition of claims of third parties
arising from services performed under this Agreement and making witnesses
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available. Program shall be responsible for discipline of Trainees in accordance
with Program's applicable policies and procedures.
To the extent allowed by law, Affiliate and program shall have reasonable
and timely access to the medical records, charts, and/or quality assurance data
of the other party relating to any claim or investigation related to services
provided pursuant to this Agreement; provided, however, that nothing shall
require either Affiliate.or Program to disclose any peer review documents,
records or communications which are privileged under Section 1157 of the
California Evidence Code, under the Attorney-Client Privilege or under the
Attorney Work-Product Privilege.
IX. PATIENT RECORDS.
Any and all of Affiliate's medical records and charts created at Affiliate's
facilities as a result of performance.under this.Agreement shall be and shall
remain the property of Affiliate. Both during and after the term of this
Agreement, Program shall be permitted to inspect and/or duplicate, at
Program's expense, any individual charts or records which are: (1)necessary
to assist in the defense of any malpractice or similar claim; (2) relevant to any
disciplinary action; and/or(3)for educational or research purposes. Such
inspection and/or duplication shall be permitted and conducted pursuant to
commonly accepted standards of patient confidentiality in accordance with
applicable federal, state, and local laws.
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X. INTERRUPTION OF SERVICE.
Either party shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond its
reasonable control, including, but not limited to, acts of God, acts of war, fire,
insurrection, labor disputes, riots, earthquakes, or other acts of nature. The
obligations and rights of the party so excused shall be extended on a day-to-day
basis for the time period equal to the period of such excusable interruption. In the
event the interruption of a party's services continues for a period in excess of
thirty(30)days, the other party shall have the right to terminate this Agreement
upon ten (10)days' prior written notice to the other party.
Xl. ATTORNEYS' FEES.
Except as expressly provided for in this Agreement, or as authorized by
law, neither the District nor the Contractor shall recover from the other any
attorneys'.fees or other costs associated with or arising out of any legal,
administrative or other proceedings filed or instituted in connection with or arising
out of this Agreement or the performance of either the District or the Contractor
thereunder.
XII. ASSIGNMENT.
Neither Affiliate nor Program shall assign their rights, duties, or obligations
under this Agreement, either in whole or in part,without the prior written consent
of the other.
XIII. SEVERABILITY.
If any provision of this Agreement is held to be illegal, invalid, or
unenforceable under present or future laws effective during.the term hereof, such
provision shall be fully severable. This Agreement shall be construed and
enforced as if such illegal, invalid, or unenforceable provision had never been a
part of the Agreement, and the remaining provisions shall remain in full force and
effective unaffected by such severance, provided that the severed provision(s)are
not material to the overall purpose and operation of this Agreement.
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XIV. WAIVER.
Waiver by either party of any breach of any provision of this Agreement or
warranty of representation herein set forth shall not be construed as a waiver of
any subsequent.breach of the same or any other provision. The failure to exercise
any right hereunder shall not operate as a waiver of such right. All rights and
remedies provided for herein are cumulative,
XV. EXHIBITS.
Any and all exhibits attached hereto are incorporated herein by reference
and made apart of this Agreement.
XVI. MODIFICATIONS AND AMENDMENTS.
This agreement may be amended or modified at any time by mutual written
consent of the authorized representatives of both parties.'Affiliate and Program
agree to amend this Agreement to the extent amendment is required by an
applicable regulatory authority and the amendment does not materially affect the
provisions of this Agreement.
XVII. USE OF NAME.
Neither party shall use the name of the other, including the name of
Mt. San.Antonio College, without the prior written consent of an authorized
representative of the party.
XVIII. ENTIRE AGREEMENT.
This Agreement contains all the terms and conditions agreed upon by the
parties regarding the subject matter of this Agreement and supersedes any prior
agreements, oral or written,and all other communications between the parties
relating to such subject matter.
XIX. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State
of California:
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XX. NOTICES.
All notices required under this Agreement shall be deemed to have been
fully given when made in writing and deposited in the United States.mail, postage
paid, certified mail, return receipt requested,:and addressed as.follows: •
TO PROGRAM: Mt. San Antonio College
1100 N. Grand Avenue
Walnut, CA 91789
Attn:Lance Heard
Dean, Technology& Health Division
TO AFFILIATE: Huntington Beach Fire Department
2000 Main Street, 5th floor
Huntington Beach, CA 92648
Attn: Fire Chief Eric McCoy
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The parties have executed this Agreement as set forth below.
MT. SAN ANTONIO COLL E
By: Date:
Nan Kel Foviler
Title: Vice Resident of Instruction
By: Date: 2�
Name: Lance Heard
Title: Dean, Technology & Health Division
FIRE DEPARTMENT
By: �"� Date:
Name: EI;2 1 C.— t'{C."L"1
Receiv and File
Title: 4-Es
City Clerk 4A2 -
APPROVED AS TO FORM
By:
MICHAEL J.VIGLIOTTA
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
COUNTERPART
(paramedic agreement.docx 2 0 2 4)
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The parties have executed this Agreement as set forth below.
MT. SAN ANTONIO COLLEGE
By: Date:
Name: Kelly Fowler
Title: Vice President of Instruction
By: Date:
Name: Lance Heard
Title: Dean, Technology & Health Division
FIRE DEPARTMENT
By: L Date:
Name: EQ-‘ c,
Title: CV'�
APPROVED AS TO FORM
By:
MICHAEL J.VIGLIOTTA
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
COUNTERPART
(paramedic agreement.docx 2 0 2 4)
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Statewide Association of Community CollegebERTIFICATE OF COVERAGE Issue Date
Protected Insurance Program for Schools 3/25/2025
ADMINISTRATOR: LICENSE>i 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
901 Calle Amanecer #200 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
San Clemente, CA �2673 AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
sll
S hia nez Llamas License No.4373942 310-212-0363
mas �ceenan.com ENTITY A Statewide Association of Community Colleges
COVERED PARTY: ENTITY Et: Protected Insurance Program for Schools
Mt.San Antonio CCD
1100 North Grand Avenue ENTITYC:
Walnut CA 91789 ENTITYD:
ENTITY E:
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE 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 COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ RETAINED LIMIT LIMITS
LTR DOCUMENTS EXPIRATION DATE I DEDUCTIBLE
A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
(✓GENERAL LIABILITY SWC 01514-03 7/1/2024 25,000 s 1,000,000
[ CLAIMS MADE (✓OCCURRENCE
[✓GOVERNMENT CODES 7/1/2025
[v,ERRORS A OMISSIONS
1, SEXUAL ABUSE AND MOLESTATION
[ 1
•
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
[1,/,ANY AUTO SWC 01514-03 7/1/2024 s 25,000 s 1,000,000
[ HIRED AUTO 7/1/2025
[ ,HIRED
AUTO
[✓GARAGE LIABILITY
['AUTO PHYSICAL DAMAGE
A PROPERTY SWC01514-03 7/1/2024 s 5,000 s 500,250,000
(HALL RISK 7/1/2025 EACH OCCURRENCE
( EXCLUDES EARTHQUAKE&FLOOD
( [BUILDER'S RISK
A STUDENT PROFESSIONAL LIABILITY SWC 01514-03 7/1/2024 s 5,000 s Included
7/1/2025 EACH OCCURRENCE
B WORKERS COMPENSATION ( I WC STATUTORY LIMITS I A OTHER
[✓{EMPLOYERS'LIABILITY PIPS 0014721 7/1/2024 $
7/1/2025 s 1,000,000
E.L.EACH ACCIDENT
EXCESS WORKERS COMPENSATION
S 1,000,000
[ 1 EMPLOYERS'LIABILITY S E.L.DISEASE-EACH EMPLOYEE
s 1,000,000
E.L.DISEASE-POLICY LIMITS
OTHER
S
DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLES/RESTRICTIONSISPECIAL PROVISIONS:
For the Affiliation Agreement between Mt.San Antonio College and Huntington Beach Fire Department for the purpose of providing clinical
experience for students in the EMT-Paramedics Field.
Agreement Term:April 1,2025-March 31,2030.
CERTIFICATE HOLDER: Agreement Exp 2/28/2030
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Huntington Beach Fire Department THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
2000 Main Street, 5th Floor ACCORDANCE WITH THE POLICY PROVISIONS
Huntington Beach CA 926�FPROVEDAS TO FORM
By:0{
MICHAEL J.VIGLIOTTA
CITY ATTORNEY John Stephens AUTHORIZED REPRESENTATIVE
w.eC..uonl::•.n CITY OF HUNTINGTOI BEACH
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DISCLAIMER
The Certificate of Coverage on.the reverse side of this form does not constitute a contract between the Issuing
entity{les),authorized representative or producer,and the certificate holder,nor doesit affirmatively or negatively
amend,extend or alter the coverage afforded by the coverage documents listed thereon.
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