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Home My WebLink About2020-494-E Emergency Svc-Alamance Community College Paramedic clinic 1 AGREEMENT THIS AGREEMENT made and entered into this 1st day of June, 2020 by and between ORANGE COUNTY, a local political subdivision of the State of North Carolina, by and through its, DEPARTMENT OF EMERGENCY SERVICES, party of the first part, hereinafter called “OCES” and ALAMANCE COMMUNITY COLLEGE, party of the second part, hereinafter called the Sponsoring Agency, both of North Carolina. WITNESSETH: WHEREAS, in consideration of the purposes and subject to the terms and conditions OCES and said placement is to be with the appropriate ambulance crews for the purpose of providing field internship training and experience in government services. NOW, THEREFORE, OCES and the Sponsoring Agency agree as follows: 1. That neither the Sponsoring Agency nor OCES unless otherwise required by law, will provide Workmen’s Compensation, FICA, FUTA, or any fringe benefits for said student-trainees. Neither the Sponsoring Agency nor OCES shall be deemed a special or joint employer of any student-trainee participating under this Contract. 2. That the Sponsoring Agency shall carry malpractice insurance on its student- trainees and any supervising faculty participating under this Contract. 3. That the Sponsoring Agency will ensure that all students placed with OCES will be enrolled and in good standing in the Sponsoring Agency’s EMT, Advanced EMT or Paramedic course of study; and that the student may participate in patient care under the supervision and authorization of an EMT (or higher certification level) who shall serve as the preceptor of the said student. All students and faculty of the Sponsoring agency will comply with all OCES’s Personnel rules and regulations as to working requirements and job-related functions. 4. That OCES reserves the right to refuse its facilities and services to any student who does not meet the professional or other requirements of OCES, in its sole discretion. 5. That the faculty and the students in the Emergency Medical Science Program in the Sponsoring Agency may utilize the bases of OCES for field internship training and experience. The manner of utilization (number of students, hours and days of DocuSign Envelope ID: C61D5434-3BE2-4FA7-A86F-5A046233D5AF 2 the week, and bases) shall be planned by the faculty of the Sponsoring Agency in cooperation with the Training Officer of OCES (and/or other designated representatives) on a quarterly basis and as daily circumstances require subject to the sole discretion of OCES. 6. That all students and faculty of the Sponsoring Agency will comply with the directives and intent of the OCES Infection Control Guidelines policy (copies will be provided on request). The Sponsoring Agency will assume responsibility for all infection control requirements for its participants as defined and required by the North Carolina Department of Labor, Occupational Safety and Health (NCOSH) and United Stated Department of Labor, Occupational Safety and Health Administration (OSHA) laws, rules and regulations. This includes, but not limited to, provision and documentation of required immunizations, (including Hepatitis B), post exposure follow-up and counseling, medical treatment or care, and recordkeeping. 7. That the Sponsoring Agency will be responsible for ensuring that student enrolled in the Paramedic program are trained to the Hazardous Materials Awareness Level as defined by NCOSH/OSHA. EMT and Advanced EMT will not be trained to this level. 8. That all students-trainees will be prohibited from participation in any hazardous materials operation (including patient care, decontamination, and transport) or any activities in designated warm or hot zones of hazardous materials incident. 9. That the student field internship training and experience shall begin on the 1st day of June, 2020 and will continue until terminated or revised by either party. The Contract may be cancelled by either party with a 30 day written notice. 10. To the extent authorized by North Carolina law Sponsoring Agency agrees, without limitation, to defend, indemnify, and hold harmless OCES from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Student and/or field interns pursuant to this Agreement. It is the intent of this provision to require Sponsoring Agency and the Student to indemnify the OCES to the fullest extent permitted under North Carolina law. 11. That the Sponsoring Agency will ensure the ACC instructor/coordinator schedule the riding time with the OCES Training Officer. DocuSign Envelope ID: C61D5434-3BE2-4FA7-A86F-5A046233D5AF 3 12. That either Party may terminate this agreement with the other Party at the will and option of either Party by submitting notice in writing to the other party. For the purposes of this paragraph, notices shall be mailed to: FOR OCES Orange County Emergency Medical Services Attn: EMS Operations Manager P.O. Box 8181 Hillsborough, NC 27278 FOR THE SPONSORING AGENCY Alex Della-Penna EMS Program Director Alamance Community College P O Box 8000 Graham, NC 27253 13. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 14. Both Parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Sponsoring Agency shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and OCES may immediately terminate this Agreement without further obligation on the part of the OCES. 15. Entire Agreement and Signatures: The Parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the DocuSign Envelope ID: C61D5434-3BE2-4FA7-A86F-5A046233D5AF 4 intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the parties hereto have caused their hands and seals to be affixed, all pursuant to authority duly granted. Orange County Emergency Services: ______________________________ Date____________ Kim Woodward, EMS Division Chief ____________________________________ Date____________ Dinah Jeffries, Emergency Services Director Alamance Community College: ______________________________ Date____________ EMS Program Director ______________________________ Date____________ Work Force Development VP DocuSign Envelope ID: C61D5434-3BE2-4FA7-A86F-5A046233D5AF 7/8/2020 7/8/2020 7/8/2020 7/8/2020 6 Revised August 2018 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Department Party/Vendor Name: Alamance Community College Party/Vendor Contact Person: Alex D Contact Phone: 336- 506-4299 Party/Vendor Address: 1247 Jimmie Kerr Rd City Graham State: NC Zip: 27253 Department: EMS Amount: N/A Purpose: Clinical Contract for Community College EMS Program Budget Code(s): NA Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date July 15, 2020 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content: Department Director’s Signature ________________________________________ Date: ________ Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: C61D5434-3BE2-4FA7-A86F-5A046233D5AF 7/8/2020 7/8/2020