HomeMy WebLinkAboutAgreement A-15-326 with State Center Community College District.pdfAgreement No.15-326
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this lt.J+b day of_~~~.----' 2015
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of alifomia,
4 hereinafter referred to as "COUNTY", and the STATE CENTER COMMUNITY COLLEGE
5 DISTRICT, whose address is 1525 East Weldon, Fresno, CA 93704, hereinafter referred to as
6 "TRUSTEES", on behalf of FRESNO CITY COLLEGE, an educational institution, whose
7 address is 1101 East University Avenue, Fresno, CA 93741, hereinafter referred to as "COLLEGE".
8 WIT N E S S E T H:
9 WHEREAS, COUNTY, through its Department of Public Health Emergency Medical
1 0 Services (EMS) Primary Paramedic Training Program is in need of an affiliation with an
11 educational institution, to meet State of California's minimum requirements for accreditation in
12 accordance with the Commission on Accreditation of Allied Health Education Program; and
13 WHEREAS, COUNTY's Department of Public Health EMS Primary Paramedic Training
14 Program is in need of an affiliation with an educational institution to meet requirements to issue
15 college unit credits to students upon completion of said program; and
16 WHEREAS, TRUSTEES desire to expand its training programs to include paramedic training
17 through an affiliation with COUNTY and such programs meet the requirements of the State of
18 California and provide college unit credits to students who complete programs; and
19 WHEREAS, COUNTY and TRUSTEES desire to develop such an affiliation in order for
2 0 COUNTY's paramedic program to meet the State of California's minimum requirements.
21 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
22 hereto agree as follows:
23 1. RESPONSIBILITIES OF TRUSTEES
24 A. TRUSTEES shall include in COLLEGE's curriculum, to be conducted by
2 5 COUNTY, approved paramedic training courses which satisfy California Health and Safety Code
2 6 and California Code of Regulations requirements and are in accordance with the Commission on
2 7 Accreditation of Allied Health Education Programs.
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1 B. TRUSTEES shall ensure compliance with all appropriate Title V and
2 Education Code requirements to ensure paramedic training courses are completely eligible for State
3 apportionment.
4 C. TRUSTEES shall appoint COUNTY's EMS Coordinator as the program
5 director and the COUNTY's EMS Medical Director as program medical director.
6 D. TRUSTEES shall be responsible for student admissions, curriculum approval,
7 appointment of COUNTY instructors, receiving and processing applications for admission, and
8 granting the course completion certificate documenting satisfactory completion of the paramedic
9 course.
10 E. TRUSTEES shall provide college course units to students for successful
11 completion of course requirements.
12 F. TRUSTEES shall evaluate the quality of instruction to ensure it meets the
13 needs of the students.
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TRUSTEES shall determine units of credit for each course of instruction.
TRUSTEES shall accept, recognize, and adhere to COUNTY's established
16 EMS Policies and Procedures concerning student academic performance and discipline.
17 I. TRUSTEES shall provide information, upon request of the COUNTY's
18 Department ofPublic Health, EMS Division, or the State's Emergency Medical Services Authority,
19 regarding registration and other data which may be required to appropriately license the student as a
2 0 paramedic.
21 J. TRUSTEES shall be responsible for grading students and for taking
2 2 appropriate disciplinary actions for deficient academic performance in accordance with State of
2 3 California regulations and COLLEGE policies.
24 K. TRUSTEES shall provide support services to students enrolling in this
25 program.
26 L. TRUSTEES shall be responsible for curriculum in cooperation with COUNTY
2 7 and coordinate course content and classroom teaching.
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1 2. RESPONSIBILITIES OF COUNTY
2 Through the COUNTY's EMS Training Coordinator:
3 A. COUNTY shall furnish facilities and instructional services for the conducting
4 of paramedic training courses.
5 B. COUNTY shall provide qualified instructors, lecturers, equipment, materials,
6 day-to-day management support, and all related overhead necessary to conduct the program in
7 accordance with state and local regulations including the standards and guidelines of the
8 Commission on Accreditation of Allied Health Education Programs.
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COUNTY shall supervise clinical practice.
COUNTY shall be responsible for taking appropriate disciplinary action for
11 violation of paramedic program rules, in accordance with State of California and COUNTY
12 regulations and the COUNTY's Department of Public Health EMS Division.
13 E. COUNTY shall issue a course completion record to each student who has
14 successfully completed the training program.
15 F. COUNTY shall cooperate with TRUSTEES to ensure that all instructional
16 personnel, equipment, and materials used in this program conform to all Title 22, California Code of
1 7 Regulations requirements and the standards and guidelines of the Commission on Accreditation of
18 Allied Health Education Programs.
19 G. COUNTY shall ensure appropriate workers compensation and professional
2 0 malpractice insurance coverage is secured and maintained by those students enrolled in the classes.
21 H. COUNTY shall provide all required course completion information to state
2 2 licensing agencies regarding students.
23 I. COUNTY shall maintain accreditation as an approved paramedical training
2 4 program under provisions of the Health and Safety Code, Title 22, California Code of Regulations,
2 5 and Standards and Guidelines of the Commission on Accreditation of Allied Health Education
2 6 Programs.
27 J. COUNTY shall notify students in the paramedic training program of the
2 8 insurance requirement under this Agreement.
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1 K. COUNTY shall obtain, from students, satisfactory documentation of required
2 msurance coverage.
3 3. TERM
4 This Agreement shall be effective the 1st day of July, 2015 and shall terminate on the
5 30th day of June, 2016.
6 4. TERMINATION
7 A. Non-Allocation of Funds -The terms ofthis Agreement, and the services to
8 be provided thereunder, are contingent on the approval of funds by the appropriating government
9 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
10 Agreement terminated at any time by giving TRUSTEES six (6) months advance written notice.
11 B. Breach of Contract -COUNTY may suspend or terminate this Agreement in
12 whole or in part, where in the determination of COUNTY there is:
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A failure to comply with any term of this Agreement;
A substantially incorrect or incomplete report submitted to COUNTY.
15 Prior to terminating or suspending this Agreement under this Section, COUNTY shall provide at
16 least thirty (30) days prior written notification to TRUSTEES of the alleged non-performance or
1 7 breach. COUNTY shall specifically describe all facts and circumstances regarding TRUSTEES'
18 alleged failure to comply with any term ofthis Agreement. TRUSTEES will be afforded the
19 opportunity to cure and correct the alleged non-performance or breach within thirty (30) days
2 0 following receipt of COUNTY's notification under this Section.
21 C. Without Cause -Under circumstances other than those set forth above, this
2 2 Agreement may be terminated by either party upon the giving of six ( 6) months advance written
2 3 notice of an intention to terminate. Such notice of termination shall not affect students currently
2 4 enrolled in the program.
25 5. COMPENSATION
26 A. TRUSTEES agree to pay COUNTY and COUNTY agrees to receive
2 7 compensation at the rate of Two and 75/100 Dollars ($2. 75) per student instructional hour that is
2 8 eligible for state general apportionment.
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1 B. For fiscal year 2015/2016, said hours shall not exceed 38,000 student
2 instructional hours or 73 Full Time Equivalent Students (FTES) unless mutually agreed prior to
3 May I, 2016.
4 C. Instructional hours are defined as those hours that are reported on TRUSTEES'
5 CCFS-320, California Community Colleges Apportionment Attendance Reports and are subject to
6 audit by TRUSTEES' independent auditor and the California Colleges Chancellor's Office.
7 D. COUNTY shall present TRUSTEES with an invoice detailing all mutually
8 agreed upon student instructional hours presented under this Agreement and TRUSTEES shall pay
9 COUNTY the agreed upon rate within forty-five ( 45) days. Current per unit of credit registration
10 fees shall be deducted from the total amount of the said invoice. TRUSTEES and COUNTY agree,
11 the agreed upon rate per student instructional hour minus the registration fees shall be payment in
12 full.
13 6. INVOICING
14 COUNTY shall invoice TRUSTEES for each student instructional hour, addressed to
15 Fresno City College, 1525 E. Weldon, Fresno, CA 93704, Attention: Vice Chancellor of Business.
16 7. MODIFICATION
17 Any matters of this Agreement may be modified from time to time by the written
18 consent of all the parties without, in any way, affecting the remainder.
19 8. INDEPENDENT CONTRACTOR
2 0 This Agreement is not intended to and will not be construed to create the relationship
21 of principal-agent, master-servant, employer-employee, partnership, joint venture or association
22 between the COUNTY and TRUSTEES; neither is any party an officer ofthe other. Each ofthe
2 3 parties, their officers, agents, and employees, in their performance of this Agreement shall act in an
2 4 independent capacity between each other.
25 9. NON-ASSIGNMENT
2 6 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
2 7 duties under this Agreement without the prior written consent of the other party.
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10. INDEMNIFICATION AND MUTUAL DEFENSE
Each of the parties to this Agreement shall be solely liable for negligent or wrongful
acts or omissions of its officers, agents and employees occurring in the performance hereof, and if
either party becomes liable for any loss or damages as a result of the acts or omissions of its
officers, agents and employees, it shall pay such loss or damages without contribution of the other
party. Each party (as applicable, the "Indemnifying Party") hereto agrees to hold harmless,
indemnify and defend (at the request of the other party) the other party, its officers, agents and
employees from any and all costs, expenses, claims, suits, losses, damages and any other liability for
bodily or personal injury to or death of any person or loss of any property resulting from or arising
out of or in any way connected with any negligent or wrongful acts or omissions of the
Indemnifying Party, its officers, agents or employees, in performing or failing to perform any work,
services, or functions provided for or referred to or in any way connected with any work, services,
or functions under this Agreement. In addition, each party agrees to indemnify the other party for
Federal, State of California and/or local audit exceptions resulting from noncompliance herein on
the part of the party, as applicable, giving such indemnification.
11. INSURANCE
17 Each student in the paramedic training program shall procure and maintain the
18 following insurance policies in full force and effect under the terms of this Agreement: Professional
19 Liability insurance in the amount of One Million Dollars ($1 ,000,000.00) per occurrence and Three
2 0 Million Dollars ($3,000,000.00) annual aggregate, in addition to Worker's Compensation, as may
2 1 be required by the California Labor Code.
2 2 COUNTY shall inform students of insurance requirements under the paramedic
2 3 training program. COUNTY shall enforce insurance requirements under the paramedic program
2 4 and this Agreement. For those students who are not under a sponsorship and are personally
2 5 responsible for meeting the program's insurance requirements, COUNTY shall ensure and confirm
2 6 the purchase ofliability insurance and COUNTY's Worker's Compensation insurance for one (1)
2 7 year. Those students who are employed and sponsored by an ambulance provider shall have their
2 8 liability insurance and Worker's Compensation provided by their employer.
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1 COUNTY shall confirm student's coverage and obtain original certificate of insurance
2 prior to the commencement of classes. This insurance shall not be cancelled or changed without a
3 minimum of thirty (30) days advance, written notice given to COUNTY.
4 Notwithstanding COUNTY's obligation to cause each student to obtain the foregoing
5 insurance coverages: 1) COUNTY shall not be responsible for providing said insurance coverages,
6 or maintaining said insurance coverages, regardless ofthe reason for a student's failure to actually
7 have or lose said insurance coverages; and 2) such obligation of COUNTY shall not cause
8 COUNTY to be an employer of any student.
9 12. CONFIDENTIALITY
1 0 All services performed under this Agreement shall be in strict conformance with all
11 applicable Federal, State of California and/or local laws and regulations relating to confidentiality.
12 13. NON-DISCRIMINATION
13 During the performance of this Agreement, TRUSTEES shall not unlawfully
14 discriminate against any employee or applicant for employment, or recipient of services, because of
15 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
16 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
17 sexual orientation, or military or veteran status pursuant to all applicable State of California and
18 Federal statutes and regulations.
19 14. RECORDS
2 0 Educational Records: COUNTY and TRUSTEES shall maintain accurate and
21 complete records which shall include a record of educational services provided in sufficient detail to
2 2 permit an evaluation of services in accordance with Educational Code, Health and Safety Code,
2 3 California Code of Regulations, and the Commission on Accreditation of Allied Health Education
2 4 Programs provisions. Such records shall be opened to the respective inspection and audit by
2 5 authorized professional staff of TRUSTEES, COUNTY's Department of Public Health, State
2 6 Emergency Medical Services Authority, and the Commission on Accreditation of Allied Health
2 7 Education Programs where such inspection and audit does not conflict with the Pupil Record Act of
2 8 the Education Code.
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1 Financial Records: TRUSTEES and COUNTY shall maintain accurate and complete
2 financial records of its activities and operations as they relate to services provided under this
3 Agreement. All such records shall be retained by TRUSTEES and COUNTY for a minimum period
4 of five (5) years following the expiration or termination of this Agreement.
5 15. REPORTS
6 TRUSTEES shall make written reports as required by COUNTY, concerning
7 TRUSTEES' activities as they affect the contract duties and purposes contained herein. In no event,
8 however, may COUNTY require such reports unless it has provided TRUSTEES with at least thirty
9 (30) days prior notification. COUNTY shall provide TRUSTEES with a written explanation of the
1 0 procedures for reporting the required information.
11 16. AUDITS AND INSPECTIONS
12 TRUSTEES shall at any time during business hours, and as often as COUNTY may
13 deem necessary, make available to COUNTY for examination all of its records and data with
14 respect to the matters covered by this Agreement. TRUSTEES shall, upon request by COUNTY,
15 permit COUNTY to audit and inspect all such records and data necessary to ensure TRUSTEES'
16 compliance with the terms of this Agreement.
17 Ifthis Agreement exceeds Ten Thousand and No/100 Dollar ($10,000.00),
18 TRUSTEES shall be subject to the examination and audit of the State Auditor for a period of three
19 (3) years after final payment under contract (Government Code Section 8546. 7).
20 17. NOTICES
21 The persons and their addresses having authority to give and receive notices under this
2 2 Agreement include the following:
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COUNTY
Director, County of Fresno
Department of Public Health
P. 0. Box 11867
Fresno, CA 93775
TRUSTEES
Vice Chancellor Finance and Administration
State Center Community
College District
1525 East Weldon
Fresno, CA 93704
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1 Any and all notices between COUNTY and TRUSTEES provided for or permitted
2 under this Agreement, or by law, shall be in writing and shall be deemed duly served when
3 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
4 United States Mail, postage prepaid, addressed to such party.
5 18. GOVERNING LAW
6 The parties agree, that for the purposes of venue, performance under this Agreement is
7 to be in Fresno County, California.
8 The rights and obligations of the parties and all interpretation and performance of this
9 Agreement shall be governed in all respects by the laws of the State of California.
10 19. ENTIRE AGREEMENT
11 This Agreement, constitutes the entire agreement between TRUSTEES and COUNTY
12 with respect to the subject matter hereof and supersedes all previous agreement negotiations,
13 proposals, commitments, writings, advertisements, publications, and understandings of any nature
14 whatsoever unless expressly included in this Agreement.
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1 IN WilNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and
2 year first hereinabove written.
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TRUSTEES:
STATE CENTER COMMUNITY
COLLEGE DISTRICT
By~~.~
Edwin Eng, Vice Chancellor
Finance and Administration
Date: __ fR_!J !......:_/15'=----
Mailing Address:
1525 East Weldon
Fresno, CA 93704
Phone#: (559) 226-0720 (x. 591 0)
Contact: Vice Chancellor of Business
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COUNTY OF FRESNO:
By~~~~~~~~~=g~~
Chairman, Board of Supervisor
Date: ~ /~ J.D/5
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By 6~ ~;u~
Date: l ( t:ff WIS'""
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
COUNTY OF FRESNO
Fresno, CA
1 APPROVED AS TO LEGAL FORM:
2
DANIEL C. CEDERBO~ COUNTY COUNSEL
Bye/UrJ 3
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6 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
7 TREASURER-TAX COLLECTOR
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11 REVIEWED AND RECOMMENDED FOR APPROVAL:
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By !lrtfmvt(
David Pomaville, Director
Department of Public Health
2 o Fund/Subclass: 0001/10000
56201694
4895
Organization:
21 Account #:
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