APPRGVED BY
CITY MANAGEF
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAG%
BY: DAN HURLOCK, FIRE CHIE
That the City Council authorizes staff to enter into an affiliation agreement with the University of California Regents, on behalf of the UCLA Center for Prehospital Care for paramedic training and personnel placement in field internship positions.
The fire department relies on quality paramedic training programs to provide cruci&' instruction to our personnel. The nine -month education, provided by the University ol' California through the Daniel Freeman Center for Prehospital Care, includes didactic and clinical learning and culminates with a two -month field internship.
Downey Fire Department has been affiliated with this program for the past ten years and seeks to continue this established relationship through the proposed agreement. This agreement reserves spots in each of the program's classes for trainees sponsored by Downey Fire Department. Additionally, Downey Fire agrees to accept trainees from the paramedic education program to a limited number of field internship positions within the department.
Over the past decade, Downey Fire Department has routinely sponsored paramedic trainees through the prehospital care training course at the Daniel Freeman Center for Prehospital Care. Likewise, we have hosted interns from the program, providing vital field experience for new paramedics. This agreement will solidify for the next generation of paramedics the same meaningful educational and field experience that has helped shape prehospital care in the City.
TITLE: AFFILIATION AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA AND THE CITY OF DOWNEY
AT MAY 10, 2022
PAGE# 2
Efficiency & Adaptability
Quality of Life, Safety, & Infrastructurc
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ATTACHMENTS
Attachment A — Affiliation Agreement between the Regents of the University of California and the City of Downey
AFFILIATION AGREEMENT
BETWEEN
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND
CITY OF DOWNEY
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, 1, - '_cTTc;cll I 11C PXSCllLb VA. UIC 'Will ?ClNlLj ot Caniumia vil outian M N17,11TTA k emer cur'"'r for Prehospital Care ("PROGRAM") and the City of Downey, a municipal corporation and charter city which operates a Fire Department ("AFFILIATE"), an emergency medical services provider, with reference to the following facts:
WHEREAS, PROGRAM conducts training and instruction programs for students leading to certification and licensure as EMT — Paramedics (hereinafter collectively referred to as "TRAINEES") and desires access to opportunities in which TRAINEES can obtain broader clinical learning experiences; and
WHEREAS, the licensing and certification rules and regulations for EMT — Paramedics as established by the Los Angeles County Department of Health Services EMS Agency ("DHS") requires TRAINEES to complete a course of study that includes a clinical experience in a field internship setting; 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:
1. RESPONSIBILITIES QE_MQQR_AM. 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 DHS and other applicable agencies. 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 TRAINEES' educational activities and assignments during the field internship with AFFILIATE. Such person shall be the Program Director and shall also act as liaison with AFFILIATE.
C. Provide each TRAINEE with a pre -assignment health assessment, which shall include a history of immunizations, proof of Hepatitis B vaccination or immunization, proof of Paramedic: Field internship
ATTACHMENT A
MMR vaccination, and proof of negative T13 test, proof of COVID- 19 vaccination and booster or valid exemption in accordance with the most recent Order from the Health Officer of Los Angeles County.
D. Educate I'RAINEE regarding compliance with all required OSHA regulatio inpliid;ncr Nit nrt limitprl tn R1nncJ_hnrnP PAit-Napn qtqndqrdQ E. Furnish each TRAIN-FE 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. Develop 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 TRAINEES' licensure/certification., pre -assignment health assessment record, and histrin 1-11 y of immuniZations.
1. Comply with 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, saiQLY goggles, particulate respirators, and aan, aJJF1kJP11aL%, U1111VIIII.
1. TRAINEES have certain obligations and will be required to execute certain documentation in order to be eligible to participate in the Field Clinical Experience. TRAINEES shall comply with AFFILIATE rules and the terms of this Agreement, including execution of a ride -along waiver ("Training Agreement and Release"). The Training Agreement and Release must be executed and on file with the AFFILIATE prior to TRAINEE participation in the Field ap hej-rami Jk a- -to
participation in the Field Clinical Experience and no TRAINEE will be pen-nitted on an AFFILIATE vehicle without having signed the release
J. The PROGRAM shall require its students to complete a Criminal Offenders Record Information ("CORI") check or similar background check. By virtue of this agreement, the PROGRAM assures AFFILIATE that is found no information that would, in accordance with the jQrovision of state EMS regulations, 12reclude the TRAINEE from the duties of an EMS provider.
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 S.
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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 Program Director.
D. Implement schedules for TRAINEES in conjunction with the Program Director 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. An orientation ♦ 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;
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 needle stick injuries and other exposures to •♦• ♦ r•• fluids • r• •
3. First • and other emergency treatment on -site, • • not limite to, immediate evaluation for risk of infection and appropriate follow-up care of TRAINEE in th event of a needle stick injury to or other exposure of TRAINEE to blood or bodily fluids or airborne contaminants; and I
RINWITI-2100 M M.
F. Maintain its approval as an emergency medical service provider and comply with all applicable laws, regulations, and DHS requirements. ♦ shall notify PROGRAM within five days of receipt of notice that AFFILIATE is not in compliance with any such laws, regulations, or DHS `•
G. Permit inspection of its clinical and related facilities by the Program Director or other UCLA faculty and staff to evaluate TRAINEES' performance. ;H! U WA WIN WJ I I
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MV ro row 1�4 ��
2. Within five days after receipt of service of a complaint, summons or notice of a claim naming a TRAINEE; or
3. Priortomaking or accepting a settlement offer in any 'lawsuit or legal " — legal
claim in which aTRAINEE has been named or in which a settlement is being proposed on their behalf.
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•hpsical disabidtp-ne veteran's status- medical condition fcancer- related) as defined in section 12926 of the California Government Code, ancestry, marital status, or citizenship, within the limits imposed by !a -,,Ai or PROGRA The term of this Agreement shall become effective April 1, 2022, and shall continue in effect for five (5) years, through March 31, 2027, or until earlier terminated. The Parties shall review -the -requirements of this- Agreement- annuafly- to -ensure -continued -compliance with the terms of this Agreement.
Notwithstanding any other provision to the contrary, this Agreement may be terminate - I m
with or without cause at any time by either party upon sixty (60) days'prior written notice to t other party or upon completion of the TRAINEES' rotation, whichever is greater.
V1. LN
5jURANCE.
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2. Comprehensive or Commercial Form General Liability Insurance (contractual liability included) with a limit of one million dollars ($1,000,000) per occurrenc* and a general aggregate of five million dollars ($5,000,000).
3. Workers' Compensation Insurance in a for and amount covering AFFILIATE'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.
Paramedic: Field Intemship
4. Business Automobile Liability insurance with a combined single limit of not less than two million dollars ($2,000,000) per occurrence, if such automobile insurance is not included as part of the AFFILIATE'S General Liability coverage.
5. 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.
It shall also be understood that the TRAINEES are not employees of AFFILIATE or PROGRAM and that the Workers' Compensation and General Liability coverage described in Section VLA.3 shall not apply to TRAINEES.
The coverage referred to under paragraph 2 of this Section VI.A. shall be endorsed to include PROGRAM as an additional insured. Such a provision, however, shall only apply in proportion to and to the extent of the negligent acts or omissions of AFFILIATE, its officers, agents, and/or employees. AFFILIATE, upon the execution of this Agreement, shall furnish PROGRAM with Certificates of Insurance evidencing compliance with all requirements.
AFFILIATE shall further provide for thirty (30) days' advance written notice to PROGRAM of any modification, change or cancellation of any of the above insurance coverages.
B. PROGRAM shall maintain insurance or self -insure its activities in connection with this Agreement by maintaining programs of self-insurance as follows:
1. Professional Medical and Hospital Liability self-insurance with limits of two million dollars ($2,000,000) per occurrence, with a general aggregate of five million dollars ($5,000,000). If such insurance is written on a claims -made form, it shall continue for five (5) years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement. In the event that a claims -made policy is canceled or non -renewed, then the AFFILIATE shall obtain extended reporting (tail) coverage for the remainder of the five (5) year period.
2. General Liability Self -Insurance Program with a limit of two million dollars ($2,000,000) per occurrence and a general aggregate of five million dollars ($5,000,000).
If such insurance is written on a claims -made form, it shall continue for three (3) years following termination of this Agreement. The insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement.
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.
The coverages referred to under paragraph 2 of this Section VI.. shall include AFFILIATE as an additional insured. Such a provision, however, shall only apply in proportion to and to the extent of the negligent acts or omissions of PROGRAM, its officers, agents, Paramedic: Field Internship
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TRAINEES, and/or employees. PROGRAM, upon the execution of this Agreement, shall furnish AFFILIATE with Certates of Self -Insurance evidencing compliance with all requirements. PROGRAM shall further provide for thirty (30) days'advance written notice to AFFILIATE of any modification, change or cancellation of any of the above self-insurance coverages.
V11. INDEMINTIF 1 CAT! 00T,1.
A, AFFILIATE shall defend, indemnity and hold PROGRAM, its officers, employees, agents (excluding TRAINEES) from and against any and all liability, loss, expense (including reasonable attorneys'feess), or claims for injury or damages arising out of the perfonnance of this Agreement but only to the, extentsuch liability, loss, expense, atforricys, fees, or cl
Lainis for injury or damages are solely caused by or result "roni the negligent or intentional acts or omissions of AFFILIATE, its officers, employees, or agents. Nothing in this Section VILA shall act to limit the scope or legal effect of the Trainee Agreement and Release referenced in Section T.1 above.
B. PROGRAM shall defend- indemnifv and hold AFFIT.TATF- its officers_ employeesand agents harmless from and against any and all liability, loss, expense (including A--- ; + -F+m,® V -f+1,'
re—nat'l- � attorneys'f�_ 1 "1101116 %JuL kJ1 Lll�
I-- ., 11 t,es�, or claims for injw-y or
Agreement but only to the extent such-0 injury
liability; loss, expense, attorneys' fees, or claim-,--, for nju y I
or damages are solely caused by or result from the negligent or intentional acts or omissions of PROGRAM, its officers, -employees, agents, or TRAINEES.
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 clinical training program. 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 110tice, joint hive stigation,-atid'defenses -dispu&itiot'i of ctaiius'of third, parties arisiftg froirk services performed under this Agreement, and making witnesses 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.
BREFUNMEWim
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of AFFILIATE. PROGRAM shall instruct TRAINEES they are required to maintain the confidentiality of patient medical records and information in accordance with AFFILIATE policies and procedures and applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act ("HIPAA").
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.
. 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.
X11. 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 effect unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement.
X111. 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.
I 'EXHIBITS,
Any and all exhibits attached hereto are incorporated herein by reference and made a part of this Agreement.
V. 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.
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AFFILfATE agrees that any use of the "UCLA" or the "University of California" name, or other similar references to the University of California, Los Angeles, its personnel, or facilities, shall be subject to the prior written approval of The Regents of the University of California in accordance with the provisions of applicable law, including but not limited to Californian Educ-nd-on Code Section 92000.
This Agreement contains all the terins and conditions agreed upon by the parties reiardini the sublect matter of this A reement and suiersedes ani nor agreements oral or Iti aLN I I wag [=#a
kX11MMILI
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 prepaid, certified mail, return receipt requested, and addressed as follows:
TO PROGRAM: Carmina Lu
Center Administrator
UCLA Center for Prehospital Care
10990 Wilshire Blvd., Suite 1450
Los Angeles, CA 90024
With a copy to:
UCLA Health, Office of Legal Affairs
924 Westwood Blvd., Suite 505
Los Angeles, CA 90024
TO AFFILIATE: Anthony Hildebrand
Assistant Fire Chief
Paramedic: Field Internship
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA
Signature-, P?�
By: Steven M. Dubinett, MD
Title: Interim Dean. David Geffen School of
Medicine
Date:
m I &-WSJ a
Signature:
Date:
Signature:
MMUM
Title: City Clerk
APPROV - AS TO FORM:
Signature:
By: Yvette M. Abich Garcia
m