Agenda Item No, 14
CITY OF YUCAIP.A,
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire Chief
FOR: City Council Meeting March 13, 2023
SUBJECT: City of Yucaipa Externship Agreement with San Bernardino Community College District
RECOMMENDATION:
That the City Council authorize the Fire Chief to enter into an agreement with the San Bernardino Community College District (SBCCD) for student unpaid field internship experience.
DISCUSSION:
For over 40 years, the Yucaipa Fire Department (YFD) has maintained a Reserve Firefighter program.
The program furnishes volunteer firefighters who at completion of training can fully function as firefighters and add additional personnel and support to the YFD, In 2019, the YFD signed an MOIJ with Victor Valley College (VVC) for all reserve firefighters to become VVC interns. This has provided a phenomenal benefit to the City of Yucaipa and YFD, not only reducing costs but also liability reduction.
Prior to the signing of the MOU, all aspects of the reserve program were facilitated and budgeted through the YFD budget. These firefighters were not CAL FIRE personnel, but City of Yucaipa volunteers and were the responsibility of the City. This responsibility included professional liability, workman's compensation, hazardous occupation medical clearance and respirator fit testing. As they are in a position that requires full safety gear, the City was providing structural fire gear which costs $4,000/firefighter, and wildland fire gear which costs $1,500/firefighter. These fiscal responsibilities and financial burdens have fully transitioned from the City to the College District. In March of 2022, VVC notified the City that they would no longer be able to support the program and it has been placed in hiatus since that date, Crafton Hills College, who had been initially unable to support the program when requested in 2019, is now able to support an externship firefighter program. The City of Yucaipa has a current agreement for unpaid student externship with SBCCD for paramedic externs. This agreement would allow for both student types,
FISCAL IMPACT:
Therre would be no further financial impact to the City. The Fire Department currently has a budget which covers the tuition costs for reserve firefighters. Executing the agreement will reduce financial costs and liability to the City while retaining a Reserve Firefighter program, Attachment: YUC-SBCCD Externship
Approved by:
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AGREEMENT
STUDENT UNPAID FIELD INTERNSHIP EXPERIENCE
THIS AGREEMENT is entered into by and between the San Bernardino Community College District, hereinafter referred to as the "School," and City of Yucaipa.
WITNESSETH:
WHEREAS, the School has approved an Emergency Medical Services -EMT & Paramedic / Firefighter 1/11 Intern Program for the School and such program requires field internship experience and the use of City of Yucaipa — Fire Department facilities for required learning experiences which may be obtained by participating in the Emergency Medical Services -EMT & Paramedic / Firefighter 1/11 Intern Program and providing services to and for City of Yucaipa - Fire Department in a manner which is mutually beneficial to students and City of Yucaipa — Fire Department; and
WHEREAS, Emergency Medical Services -EMT & Paramedic/ Firefighter 1/11 Intern conducts training and instruction programs for students leading to Paramedic & EMT Certificate/ Firefighter 1/11 Certification in the State of California.
WHEREAS, said Firefighter I/II Intern training requires a 1000-hour and 1 year internship/ Emergency Medical Services -EMT & Paramedic requires 24 - 700 hours for students to obtain broader clinical learning experiences in a location providing primary 911 service and is an approved emergency medical services provider; and WHEREAS, it is in the mutual interest and benefit of the parties hereto that students obtain their clinical experience at City of Yucaipa - Fire Department facilities.
NOW, THEREFORE, in consideration of the covenants, conditions, and stipulations hereinafter expressed and in consideration of the mutual benefits to be derived there from, the parties hereto agree as follows:
THE SCHOOL. SHALL:
A. Designate the students who are enrolled in the Emergency Medical Services -EMT & Paramedic / Firefighter 1/11 Intern Program of the School to be assigned for field internship experience at City of Yucaipa — Fire Department in such numbers as are mutually agreed to by both parties.
B. Advise City of Yucaipa — Fire Department in writing of the names of the students who are in the Emergency Medical Services -EMT & Paramedic/ Firefighter Ills Intern Program.
C. Ensure that students participating in Program are at least eighteen (18) years of age. Inclusion of a student's name on the list referenced in paragraph B is School's representation that student is at least eighteen (18) years of age.
D. Establish the educational goals and objectives for the field internship experience by mutual agreement between City of Yucaipa — Fire Department's management and the School's Emergency Medical Services -EMT & Paramedic / Firefighter 1/11 Intern Program Field Coordinator or their duly authorized representative. 368
E. In consultation and coordination with City of Yucaipa — Fire Department, plan for the field internship experience to be provided to students under this Agreement.
F. In consultation and coordination with City of Yucaipa - Fire Department, arrange for periodic conferences between appropriate representatives of the School and City of Yucaipa — Fire Department to evaluate the field internship experience provided under this Agreement.
G. Develop and implement a mechanism for determining evaluation of the performance of students to include, where appropriate, input from City of Yucaipa — Fire Department.
H. Designate a member of School's staff to provide coordination, oversight and direction of student's educational activities and assignments during the field internship experience with City of Yucaipa - Fire Department
i. Keep and maintain accurate records and reports for all students participating in the field internship experience. Records shall include the student's transcript, licensurelcertification, pre -assignment health assessment record, and history of vaccination/immunizations.
J. Be responsible for student professional activities and conduct while in City of Yucaipa - Fire Department.
K. Provide and be responsible for the care and control of the School's education supplies, materials, and equipment used for instruction during said Program, L. Provide for the orientation of students and faculty assigned to City of Yucaipa - Fire Department.
M. Provide each student 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.
H. Educate students regarding compliance with all required OSHA regulations including, but not limited to, Blood -borne Pathogen Standards.
0. Furnish each student with a clinical experience manual or materials that describe the goals, policies, and procedures of the Program. City of Yucaipa - Fire Department small have the opportunity to review and comment on these materials.
P. Require every student to conform to all applicable City of Yucaipa — Fire Department policies, procedures and guidelines, applicable state and federal laws and regulations, including those concerning the confidentiality of patient care and patient care records, and all requirements and restrictions specified jointly by representatives of the School and City of Yucaipa Fire Department, Thit includes all confidentiality requirements applicable to City of Yucaipa — Fire Department.
Q. Require every student assigned to Program to have all required personal protective equipment, as is, or may be required by OSHA or other regulatory agency as required of City of Yucaipa — Fire Department prior to assignment to the field internship experience, Such personal protective equipment includes, but not limited to, safety goggles and an appropriate uniform. Failure to possess and use the required OSHA 369
equipment will result in the student's dismissal from the Program.
R. Maintain medical malpractice insurance for students during the field internship experience with City of Yucaipa - Fire Department_
Insurance - Without in any way affecting the indemnity herein provided for and in addition thereto, the School shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
San Bernardino Community College District is an authorized, self -insured public entity, for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement." The school will provide City of Yucaipa - Fire Department with an evidence of coverage form that will provide the identity of the pool and the amount of retention by line of coverage.
Any change regarding additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. The School agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of City of Yucaipa — Fire Department to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of City of Yucaipa Fire Department.
With respect to applicable requirements of the Labor Code of the State of California, students shall be considered employees of the School.
S. School agrees that City of Yucaipa - Fire Department is not to assume, nor shall it assume by this Agreement, liability under any applicable Workers' Compensation Law for, by, or on behalf of any of the School's students, faculty, officers, employees, agents, or volunteers while said individuals are on the premises of City of Yucaipa — Fire Department performing any duty under the terms of this Agreement and School agrees to indemnify, defend and hold City of Yucaipa — Fire Department harmless with respect thereto as provided herein.
T, The San Bernardino Community College District — Crafton Hills College agrees to defend, indemnify and hold harmless City of Yucaipa — Fire Department, its officers, employees, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this agreement from any cause whatsoever caused by the negligent acts of San Bernardino Community College District, including any costs or expenses incurred by City of Yucaipa — Fire • Department, except as prohibited by law.
U. City of Yucaipa- Fire Department agrees to defend, indemnify and hold harmless the San Bernardino Community College District, it's officers, employees, agents and volunteers for any and all claims, losses, actions, damages and/or liability 370
arising out of this agreement from any cause whatsoever, caused by the negligent acts of the City of Yucaipa — Fire Department, including any costs or expenses incurred by City of Yucaipa- Fire ❑epartment, except as prohibited by law.
V. In the event that City of Yucaipa — Fire Department andlor San Bernardino Community College District are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, City of Yucaipa — Fire Department and/or San Bernardino Community College shall indemnify the other to the extent of its comparative fault.
City of Yucaipa - Fire Department SHALL:
A. Permit each student who is designated by the School, pursuant to Paragraph I.A. above, to receive field internship experience at City of Yucaipa - Fire Department in the hereinafter listed type of training, and shall furnish and permit such students and instructors free access to appropriate facilities for such field internship experience:
EMT/ Paramedic/ Firefi h# r
Type of Training
varies
Address of Training Facility
B. Furnish appropriate field facilities, in such manner that there will be no conflict in the use thereof between the Program's students and students from other educational institutions, if any.
C. Maintain adequate staff, equipment and facilities used for the field internship experience to meet the educational goals and objectives of the Program in a manner consistent with the standards and requirements established by the School and The City of Yucaipa — Fire Department.
D. City of Yucaipa — Fire Department will designate appropriate personnel to coordinate the student's field internship experience in the Program.
E. City of Yucaipa — Fire Department will assign each student a preceptor with appropriate training and experience to supervise the student during each clinical assignment_ The preceptor shall monitor the student's progress and evaluate the student at the end of each shift on forms provided by the Program.
F. Designate, after consultation with School, a person to coordinate students' schedules and activities while working with City of Yucaipa — Fire Department. Such person shall be the Program Coordinator and shall act as liaison with School. The name of City of Yucaipa — Fire Department's Program Coordinator shall be provided to Program's Clinical Coordinator.
G. Implement schedules for students in conjunction with the Clinical Coordinator and in accordance with School's educational goals and objectives. C i t y o f Yucaipa, - Fire Department shall determine the number of students permitted to rotate through the 371
field internship experience. C it y of Yucaipa - Fire Department must ensure that students are provided appropriate supervision. Students are not used to replace staff of City of Yucaipa -Fire Department and Yucaipa Fire is ultimately responsible for patient care.
H. Protect the health and safety of students on rotation with City of Yucaipa -- Fire Department by providing each student with the following.
1. A brief orientation of the clinical area where student will be working, and information about City of Yucaipa — Fire Department's security measures, fire safety and disaster protocols, and any additional recommended personnel safety and security precautions.
2. Instruction in City of Yucaipa — Fire Department's policies and procedures for infection control, including the handling and disposal of needles and other sharp objects, and in City of Yucaipa — Fire Department'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 student in the event of a needlestick injury to or other exposure of student 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 School. Any costs incurred in the treatment of students shall be the sole responsibility of School and/or student.
4. Access to any of City of Yucaipa — Fire Department's applicable reference materials.
Maintain its approval as an emergency medical service provider and comply with all applicable laws, regulations, and Program requirements. City of Yucaipa — Fire Department shall notify School within five (5) days of receipt of notice that City of Yucaipa — Fire Department is not in compliance with any such laws, regulations, or Program requirements_
Permit inspection of its clinical and related facilities by the Clinical Coordinator or other School faculty and staff to evaluate student performance- K. With respect to any professional services performed by students under this Agreement, City of Yucaipa — Fire Department agrees to inform School and its Clinical Coordinator as follows:
1. Immediately upon initiation of an investigation into the conduct of a student.
2. Within five (5) days after receipt of service of a complaint, summons or notice of a claim naming a student; or
3. Prior to making or accepting a settlement offer in any lawsuit or legal claim in which a student has been named or in which a settlement is being proposed on 372
their behalf.
L. When practical, permit City of Yucaipa — Fire Department's management or other designated personnel to attend meetings of the School's field faculty, or any committee thereof, to coordinate the field internship experience provided for under this Agreement.
M. Have the right, after consultation with the School, to refuse to accept for further field internship experience, any of the School's students who, in City of Yucaipa — Fire Department's judgment, are not participating satisfactorily in said Program.
N. City of Yucaipa — Fire Department will recommend to the School the withdrawal of a student for reasons including, but not limited to: (a) the achievement, progress, or adjustment of the student does not warrant a continuation at City of Yucaipa — Fire Department, or (b) the behavior of the student fails to conform to the applicable regulations of City of Yucaipa — Fire Department.
City of Yucaipa - Fire Department reserves the right, exercisable in Its discretion after consultation with the School, to exclude any student from its facilities in the event that such person's conduct is deemed objectionable or detrimental, having in mind the proper administration of City of Yucaipa -- Fire Department. City of Yucaipa - Fire Department does not require the School's authorization or approval to remove any of the School's students from City of Yucaipa Fire Department's facilities- P. City of Yucaipa — Fire Department reserves the right to determine where, when and if a student may participate in the provision of care to its patients. City of Yucaipa - Fire Department will endeavor to utilize students and allow them to utilize as many of their skills in as many situations as possible. However, patient care is paramount, and student shall follow City of Yucaipa- Fire department's instructions with respect to the provisions of patient care.
Q. City of Yucaipa - Fire Department reserves the right to refuse to allow any student to participate in the provision of care at the scene of an emergency where, in company's sole discretion, permitting student to participate would endanger the student, a patient or an employee of City of Yucaipa — Fire Department or otherwise be inappropriate.
School agrees to indemnify, defend (with counsel approved by City of Yucaipa — Fire Department) and hold harmless C ity of Yucaipa - Fire Department and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this Agreement.
City of Yucaipa - Fire Department agrees to indemnify and hold harmless School and its officers, employees, agents and volunteers from any and all claims, actions or losses, damages, and/or liability arising out of its obligations under this Agreement.
In the event School and/or City of Yucaipa — Fire Department is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, School and/or City of Yucaipa - Fire Department shall indemnify the other to the extent of its comparative fault.
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The School and City of Yucaipa — Fire Department agree not to discriminate in the selection or acceptance of any student 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.
This Agreement shall become effective on SOONEST AVAILABLE DATE and shall remain in effect for AS REQUESTED from the effective date.
MI:iTIRIAVOlei kip
Notwithstanding any other provisions to the contrary, this Agreement may be terminated by either party after giving the other party thirty (30) days advance written notice of its intention to so terminate; provided further, however, that any such termination by City of Yucaipa — Fire Department shall not be effective, at the election of the School, as to any satisfactorily performing student who, at the date of mailing of said notice by the City of Yucaipa -- Fire Department was satisfactorily participating in said Program, until such student has completed the Program for the then current academic quarter or semester_ Written notice, issued pursuant to this Paragraph V by City of Yucaipa -.. Fire Department, shall be sent by registered mail to the School faculty member in charge of the Program and a copy of said notice shall be sent to the undersigned School representative identified below.
Written notice to City of Yucaipa — Fire Department shall be sent, by registered mail, to the Fire Chief of Yucaipa Fire.
Any and all of City of Yucaipa — Fire Department's medical records and charts created at C it y of Yucaipa - Fire facilities as a result of performance under this Agreement shall be and shall remain the property of City of Yucaipa — Fire Department. Both during and after the term of this Agreement, the School shall be permitted to inspect and/or duplicate, at School'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. r
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 Cod, 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 374
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 be the right to terminate this Agreement upon ten (10) days' prior written notice to the other party,
s ►u
Neither City of Yucaipa — Fire Department nor the School shall assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other party.
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 1 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_
1O�/:11�t:1w
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 righter hereunder shalt not operate as a waiver of such right. All rights and remedies provided for herein are cumulative
u+r • _0 M an I ED]u
This Agreement may at any time be altered, changed, or amended by mutual written consent of the authorized representatives of both parties.
RMMMMMA + r.u.
Neither party shall use the name of the other without the prior written consent of an authorized representative of the party.
This Agreement contains all the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement and supersede any prior agreements, oral or written, and all other communications between the parties relating to such subject matter.
ACV. 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, and certified mail, return receipt requested, and addressed as follows:
SCHOOL: San Bernardino Community College District
500 E. Hospitality Lane Suite 200
375
San Bernardino, CA 92408
City of Yucaipa m Fire Department
34259 Wildwood Canyon Rd.
FIRE: Yucaipa, CA 92399
DEPARTMENT: Attn: Fire Chief
This Agreement is made and entered into the State of California and shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. 376
XVI ATTORNEYS' FEES AND COSTS
In any legal action to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorneys' fees. This section shall not apply to those costs and attorneys' fees directly arising from any third -party legal action against a party hereto and payable under the indemnification requirement of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto, the day and year first above written.
City of Yucaipa - Fire Department San Bernardino Community College District Dated:
Dated:
M
Name
(Print or type name of person signing contract)
Dated:
Address, 550 E. Hospitality Lane Ste 200
San Bernardino, CA 92408
10 377