CONTRACT 4371 OtherIq1
PARAMEDIC INTERNSHIP AGREEMENT
BETWEEN
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND
THE CITY OF EL SEGUNDO
THIS AGREEMENT ( "Agreement ") is made and entered into this 18th day of
December, 2012, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY "), and the REGENTS OF THE UNIVERSITY OF CALIFORNIA, a
Constitutional corporation, on behalf of the University of California, UCLA Center for
Prehospital Care Paramedic Education Program ( "UCLA ").
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. UCLA confers degrees and certificates in an Emergency Medical Technician-
Paramedic Program (the "Program ") which, among other things, requires a clinical field
internship ( "Paramedic Internship ").
B. CITY has the ability to provide Paramedic Internships.
C. It is essential for UCLA's students seeking a degree or certificate in the Emergency
Medical Technician- Paramedic Program to acquire such clinical experience while
participating in the Program.
D. CITY finds that it is in the public interest for CITY to assist in educating future
Emergency Medical Technicians - Paramedics and has agreed to operate a Paramedic
Internship.
2. UCLA' S RESPONSIBILITIES.
A. UCLA will designate students ( "Interns ") enrolled in its Health Science programs to
participate in CITY's Paramedic Internship program.
B. UCLA will require each Intern to be examined for physical fitness and certify to
CITY each Intern's physical fitness and immunization from common communicable
diseases.
C. UCLA will require each Intern to possess a current CPR certificate.
D. UCLA will require Interns to wear the type of uniforms identified by CITY.
E. UCLA will maintain attendance and academic records and the preparation of official
UCLA reports for local, state, and other supervisory groups.
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F. UCLA will coordinate with CITY in scheduling the Paramedic Internship with CITY.
G. UCLA will furnish CITY with a pre- semester schedule of dates and projected number
of Interns before assigning Interns to CITY's Internship Program.
H. UCLA will require that any change in the Intern's enrollment or health status be
evaluated on an individual basis.
I. UCLA warrants that each of its instructors supervising clinical instruction will be
duly licensed and meet UCLA's educational qualifications as well as those required by
the California Code of Regulations, Title 22.
J. UCLA will promptly transfer Interns or instructors from the Paramedic Internship
who are unable to properly perform their clinical assignments.
K. UCLA will ensure that each Intern assigned to CITY has previous training in blood
and body fluid universal precautions consistent with the Center for Disease Control
Guidelines.
3. CITY'S RESPONSIBILITIES.
A. CITY will provide clinical experience and observation opportunities of educational
value in the field setting for learning experience for Interns enrolled in the Program.
B. CITY will accept the number of Interns as mutually agreed to by the Parties for
clinical experience to ensure maximum learning experience.
C. CITY will provide access to medical records as appropriate for documentation of
patient care and as permitted by applicable federal, state, and local law.
D. CITY will hold patient care as its paramount concern. UCLA understands that this
may necessitate the relegation of an Intern to the role of observer should CITY, in its sole
discretion, deem such action necessary.
E. CITY will maintain responsibility for those patients assigned to the Interns.
F. CITY may immediately terminate an Intern's involvement with CITY's Paramedic
Internship program if, in its sole discretion, it determines such action is warranted.
G. CITY will provide a preceptor who has completed the Los Angeles County Preceptor
Training Program to each Intern to teach, supervise and evaluate in consultation with a
UCLA faculty liaison.
H. CITY agrees that the City Paramedic Preceptor is not paid by UCLA.
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4. MUTUAL RESPONSIBILITIES.
A. Interns will be subject to the rules and regulations of both UCLA and CITY.
B. The days and hours of the Paramedic Internship will be mutually agreed upon by
UCLA and CITY.
C. Interns will receive no salary or stipend for the service they may give in the course of
the clinical experience.
D. Neither UCLA nor CITY will furnish any uniform, transportation, or laundry service
for the Interns.
E. The standards of the Health Science Programs will be maintained by UCLA and
CITY at a level equal to or exceeding the standards set forth by the State of California.
5. INDEMNIFICATION..
A. UCLA indemnifies, will defend (at CITY's request), and holds CITY harmless from
and against any claim, action, damages, costs (including without limitation, reasonable
attorney's fees), injuries, or liability, arising out of this Agreement, or its performance,
(all of the above referred to as "Claims "), but only in proportion to and to the extent such
Claims are caused by or result from the sole negligent or intentional acts or omissions of
UCLA.
B. CITY indemnifies, will defend (at UCLA's request) , and holds UCLA harmless from
and against any claim, action, damages, costs (including without limitation, reasonable
attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, (
all of the above referred to as "Claims "), but only in proportion to and to the extent such
Claims are caused by or result from the sole negligent or intentional acts or omissions of
CITY.
C. For purposes of this section "CITY" includes CITY's officers, officials, employees,
agents, representatives, and certified volunteers.
D. For purposes of this section "UCLA" includes UCLA's officers, officials, employees,
agents, and Interns.
E. UCLA expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of California
and that if any portion is held invalid, it is agreed that the balance will, notwithstanding,
continue in full legal force and effect.
F. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
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G. The requirements as to the types and limits of insurance coverage to be maintained by
UCLA as required by Section 6 below, and any approval of said insurance by CITY, are
not intended to and will not in any manner limit or qualify the liabilities and obligations
otherwise assumed by UCLA pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
6. INSURANCE,
A. UCLA warrants that it carries insurance covering UCLA and its students and faculty
with a reputable insurance company(ies) or through a program of self - insurance which
insure the perils of bodily injury, personal injury, professional liability and property
damage, and cover such liabilities as are imposed by law and assumed under written
contract with others with limits of at least one million ($1,000,000) dollars each
occurrence with three million ($3,000,000) dollars annual aggregate.
i. UCLA may utilize a program of self - insurance to meet the insurance
requirements of this section if it obtains CITY's prior approval, which is
considered granted by the execution of this Agreement by CITY.
B. UCLA will furnish to CITY a Certificate of Insurance, in the standard form required
by CITY, duly authenticated, evidencing maintenance of the insurance required under
this Agreement and such other evidence of insurance or copies of policies as may be
reasonably required by CITY from time to time. All required endorsements will be
submitted on forms provided by CITY with the Certificate of Insurance.
C. UCLA's liability policies will be endorsed to name CITY, its officials, and employees
as "additional insureds" under said General Liability insurance coverage. Such insurance
will be on an "occurrence," not a "claims made," basis and will not be cancelable or
subject to reduction except upon thirty (3 0) days prior written notice to CITY.
D. City warrants that it carries insurance with a reputable insurance company(ies) or
through a program of self - insurance which insure the perils of bodily injury, personal
injury, professional liability and property damage, and cover such liabilities as are
imposed by law and assumed under written contract with others with limits of at least one
million ($1,000,000) dollars each occurrence with three million ($3,000,000) dollars
annual aggregate.
i. CITY may utilize a program of self - insurance to meet the insurance
requirements of this section
E. CITY will furnish to UCLA a Certificate of Insurance evidencing maintenance of the
insurance required under this Agreement.
F. CITY's liability policies will be endorsed to name UCLA, its officials, and
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employees as "additional insureds" under said insurance coverage.
7. RELATIONSHIP
A. Interns participating in CITY's Paramedic Internship program pursuant to this
Agreement will not be considered CITY's employees. CITY does not assume any
liability under law relating to workers' compensation on account of any act of any Intern
performing, receiving experience and training (clinical or not), or traveling pursuant to
the Agreement.
B. The relationship of CITY and UCLA is that of independent contractor. Neither Party
will be considered the agent or employee of the other. Neither will exercise control or
direction over the other while performing their respective obligations under this
Agreement. Neither party intends to create a partnership or joint venture by entering into
this Agreement.
8. TERMINATION. This Agreement will be effective as of date of execution and will continue
subject to cancellation, for a maximum term of five (5) years. Either Party may terminate this
Agreement by giving ninety (90) days written notice. Said notice will be mailed by certified
mail, return receipt requested, and ninety (90) days will begin on the date of receipt thereof.
9. LAWS AND REGULATIONS. UCLA, and its students, is responsible for complying with
any and all applicable federal, state, county, and municipal laws and regulations, including,
without limitation, CITY's rules and policies regarding interns, with respect to performance
under this Agreement and to the extent applicable to a public entity such as the University of
California, during the term of this Agreement. Such compliance will be at UCLA's, and its
student's, sole cost.
10. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements
ancillary to this Agreement and related documents to be entered into in connection with this
Agreement will be considered signed when the signature of a party is delivered by facsimile
transmission. Such facsimile signature will be treated in all respects as having the same effect as
an original signature.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing
and may be given by personal delivery or by mail. Notice sent by mail will be addressed
as follows:
To CITY: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn: Greg Carpenter, City Manager
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1
m,
To UCLA: Todd LeGassick
Executive Director
UCLA Center for Prehospital Care
10990 Wilshire Blvd., Suite 1450
Los Angeles, CA 90024
With a copy to:
UCLA Health System Legal Affairs
10920 Wilshire Blvd., Suite 420
Los Angeles, CA 90024
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances, notices
will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be
given by giving notice in the manner prescribed in this paragraph.
12. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
13. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
14. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between CITY and
UCLA respecting the subject matter herein and correctly sets forth the obligations of CITY and
UCLA. There are no other understandings, terms or other agreements expressed or implied, oral
or written.
15. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
16. GOVERNING LAW. This Agreement has been made in and will be construed in accordance
with the laws of the State of California and exclusive venue for any action involving this
Agreement will be in Los Angeles County.
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17. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action
has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage
in the actions described herein. This Agreement may be modified by written agreement. CITY's
city manager may execute any such amendment on behalf of CITY.
18. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
anager
ATTEST:
Y
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA
j,'rhomas Rosenthal, M.D.
Associate Vice Chancellor
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ICRMA INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
a Joint Powers Authority
1100 West Town and Country Road, Suite 1550
Orange, CA 92868
(714) 426 -8503 cretama@brsrisk.com
LIABILITY CERTIFICATE OF COVERAGE and
ADDITIONAL COVERED ENTITY ENDORSEMENT
CERTIFICATE NUMBER: 2012- 398
CERTIFICATE HOLDER: UCLA Center for Prehospital Care
ATTN: Todd LeGassick
10990 Wilshire Blvd., Ste. 1450
Los Angeles, CA 90024
MEMBER and /or
COVERED INDIVIDUALS: City of EI Segundo
DESCRIPTION OF COVERED ACTIVITY:
As respect the Paramedic Internship Agreement between UCLA and the City of El Segundo,
Certificate Holder, its officials, officers, employees, agents, and interns are included as
Additional Covered Parties with regard to any negligent acts or omissions of the Member, its
employees, and its elected or appointed officials.
MEMO POLICY NUMBER: ICAPL1026 EFFECTIVE DATE 7/1/2012
EXPIRATION DATE: 6/30/2013
Self- Insured Retention: $ 400,000
Limits: $ 1,000,000
(per occurrence)
THE FOLLOWING COVERAGE IS IN EFFECT:
General and automobile liability as defined in the memorandum of liability coverage on file with the member and /or
covered individuals named above.
This is to certify that the coverage listed above has been issued to the Member and /or Covered Individuals 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 coverage afforded as described herein is subject to all the terms,
exclusions, and conditions of the memorandum of liability coverage of the Independent Cities Risk Management Authority which
is available for your review upon request.
Pursuant to the definition of "Member and /or Covered Individuals" in the memorandum of liability coverage, the certificate
holder named above is an additional covered entity for covered claims arising out of the covered activity stated above and is
subject to the limits stated above.
Coverage is in effect as stated above and will not be canceled, limited, or allowed to expire except upon 30 -days written notice
to the certificate holder.
Date: 1/14/2013
Renewal: No
General Manager: "
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