HomeMy WebLinkAbout28 - Amendment to Clinical Affiliation AgreementQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 26, 2025
Agenda Item No. 28
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
PREPARED BY: Raymund Reyes, Administrative Manager - 949-644-3352,
rreyes@nbfd.net
TITLE: Amendment No. One to Clinical Affiliation Agreement with Regents
of the University of California
ABSTRACT -
In 2019, the City of Newport Beach entered into an agreement with the Regents of the
University of California, through the UCLA Center for Pre -Hospital Care (UCLA). The
agreement allows the City's Fire Department to provide internship training to students
enrolled in UCLA's Emergency Medical Technician -Paramedic (EMT-P) training program.
An amendment to the agreement is requested to extend the term of the agreement
through September 30, 2029, and update indemnification and insurance provisions.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One to the Agreement with the Regents of the University of
California, On Behalf of the University of California, UCLA Center for Pre -Hospital
Care Paramedic Education Program for Paramedic Internships at Newport Beach Fire
to extend the term of the agreement to September 30, 2029, and update
indemnification and insurance provisions, and authorize the Mayor and City Clerk to
execute the amendment.
DISCUSSION:
The California Code of Regulations and the State of California Emergency Medical
Services Authority (EMSA) oversee statewide EMT-P training program regulations and
requirements. These programs require 480 hours of clinical experience in approved field
internship training with a primary 911-service/pre-hospital care provider like the
City's Fire Department. Accreditation standards also require the execution of affiliation
agreements between academic institutions and pre -hospital care providers for internships
to take place.
The City has historically kept affiliation agreements with two local schools offering
EMT-P programs - Saddleback College (through the South Orange County Community
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Amendment No. One to Clinical Affiliation Agreement with
Regents of the University of California
August 26, 2025
Page 2
College District) and Orange County Emergency Medical Training (OC EMT). In 2019,
the City executed an affiliation agreement with UCLA after UCLA expressed interest in
adding the City's Fire Department to its list of available pre -hospital care provider
internships.
The primary benefit for the City in providing EMT-P field internships is that it will assist in
creating a larger pool of regionally trained paramedics that could eventually become
available for City recruitment. Additionally, designated Fire Department staff are able to
gain experience as internship preceptors.
The agreement with UCLA was originally set to expire in September 2024; UCLA and City
staff discussed the possibility of an amendment to extend the agreement for another five
years. Ultimately, following a series of discussions regarding updated mutual
indemnification and insurance provisions, a final draft amendment was agreed upon. Staff
requests City Council approval of the amendment, which would extend the affiliation
agreement to September 30, 2029.
FISCAL IMPACT:
Field internships are conducted during normal Fire Department operations and incur no
additional costs to the City.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. One
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ATTACHMENT A
AMENDMENT NO. ONE TO AGREEMENT
WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ON BEHALF OF
THE UNIVERSITY OF CALIFORNIA, UCLA CENTER FOR PREHOSPITAL CARE
PARAMEDIC EDUCATION PROGAM FOR
PARAMEDIC INTERNSHIPS AT NEWPORT BEACH FIRE
THIS AMENDMENT NO. ONE TO THE AGREEMENT ("Amendment No. One") is
made and entered into as of this 29th day of September, 2024 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ON BEHALF
OF THE UNIVERSITY OF CALIFORNIA, CENTER FOR PREHOSPITAL CARE
PARAMEDIC EDUCATION PROGRAM ("University"), whose address is 10990 Wilshire
Blvd., Suite 1450, Los Angeles, CA 90024, and is made with reference to the following:
RECITALS
A. On October 1, 2019, City and University entered into an Agreement ("Agreement")
for program trainees to obtain clinical experience at City's facilities ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to September 30, 2029, to update insurance requirements contained
in Exhibit B, to update Section 8.1 of the Agreement, and to update the University's
address for legal notices.
C. The parties have continued to perform under the same terms and conditions of the
Agreement since September 30, 2024 up through and including the execution of
this Amendment No. One.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2029, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit B to the Agreement shall be replaced in its entirety by the Insurance
Requirements, attached hereto as Exhibit B and incorporated herein by reference.
3. HOLD HARMLESS
Section 8.1 of the Agreement is hereby deleted and replaced with the following:
"CITY shall defend, indemnify and hold UNIVERSITY, its officers, employees,
agents and trainees harmless from and against any and all liability, loss, expense
UCLA Center For Prehospital Care Paramedic Education Program Page 1
28-3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: q/l6 /2vz5
By:�iC
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
UNIVERSITY: THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, ON
BEHALF OF THE UNIVERSITY OF
CALIFORNIA, UCLA CENTER FOR
PREHOSPITAL CARE PARAMEDIC
EDUCATION PROGRAM
Date:
By:
Steven M. Dubinett, MD
Dean, David Geffen School of Medicine
[END OF SIGNATURES]
Exhibit B — Insurance Requirements
UCLA Center For Prehospital Care Paramedic Education Program
Page 3
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: M' (6lZJ? j
By: C�zo� �-
Aaron C. Harp ,� Antis
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
c
Joe Stapleton
Mayor
UNIVERSITY: THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, ON
BEHALF OF THE UNIVERSITY OF
CALIFORNIA, UCLA CENTER FOR
PREHOSPITAL CARE PARAMEDIC
EDUCATION PROGRAM
Date: 511 2..S`
A
By:
Steven M. Dubinett, MD
Dean, David Geffen School of Medicine
[END OF SIGNATURES]
Exhibit B — Insurance Requirements
UCLA Center For Prehospital Care Paramedic Education Program Page 3
28-5
EXHIBIT B
INSURANCE REQUIREMENTS -SERVICES
Provision of Coverage. Without limiting University's indemnification of City, and
prior to commencement of Work, University shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance, or a
program of self-insurance, of the type and amounts described below and in a form
satisfactory to City. University agrees to provide coverage in accordance with
requirements set forth here. If University uses existing coverage to comply and that
coverage does not meet these requirements, University agrees to amend,
supplement or endorse the existing coverage.
2. The Self -Insurance Program. The
Corporation that insures its activities
and excess insurance.
3. Coverage Requirements.
University is a California Constitutional
through a formal program of self-insurance
A. Workers' Compensation Coverage. University shall maintain Workers'
Compensation coverage, statutory limits, and Employer's Liability
Coverage with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
B. General Liability Coverage. General Liability Self -Insurance Program with
a limit of one million dollars ($1,000,000) per occurrence and a general
aggregate of five million dollars ($5,000,000). University will also maintain
Commercial Form General Liability Insurance (contractual liability included)
with a limit of one million dollars ($1,000,000) per occurrence and a general
aggregate of five million dollars ($5,000,000). The policy shall cover liability
arising from bodily injury, property damage, personal and advertising injury,
and liability assumed under an insured contract (including the tort liability of
another assumed in a business contract).
Sexual abuse/molestation coverage shall be included under Commercial
General Liability or obtained in a separate policy with a limit no less than
one million dollars ($1,000,000) per occurrence and three million dollars
($3,000,000) in the aggregate.
C. Automobile Liability Coverage. University shall maintain automobile
coverage covering bodily injury and property damage for all activities of
University arising out of or in connection with activities to be performed
under this Agreement, including coverage for any owned, hired, non -owned
or rented vehicles, in an amount not less than two million dollars
($2,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Coverage. University shall
maintain professional liability coverage that covers the Work to be
UCLA Center For Prehospital Care Paramedic Education Program Page B-1
28-6
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per occurrence and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the Effective Date of this Agreement and
University agrees to maintain continuous coverage through a period no less
than three years after completion of the Work required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement, with the exception of Worker's Compensation,
shall be endorsed to waive subrogation against City, its City Council, boards
and commissions, officers, agents, volunteers employees and any person
or entity owning or otherwise in legal control of the property upon which
University performs the Project and/or Services contemplated by this
Agreement or shall specifically allow University or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. University hereby waives its own right of
recovery against City, and shall require similar written express waivers from
its participating Trainees.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, pollution liability, and automobile liability, if
required, but not including professional liability, workers' compensation or
employment practices liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which University performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
UCLA Center For Prehospital Care Paramedic Education Program Page B-2
28-7
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. University shall provide certificates of self-insurance
to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving University sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to University, City and University may renegotiate
University's compensation.
C. Enforcement of Agreement Provisions. University acknowledges and
agrees that any actual or alleged failure on the part of City to inform
University of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the University maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the University. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. Self-insurance will not be considered to comply with
these requirements unless approved by City.
UCLA Center For Prehospital Care Paramedic Education Program Page B-3
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F. City Remedies for Non -Compliance. If University or any subconsultant fails
to provide and maintain coverage as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate
this Agreement, or to suspend University's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to University or reimbursed
by University upon demand. University represents that it carries all
necessary insurance or self-insurance policies required. City will advise
University of any concerns with non-compliance prior to purchasing
additional insurance.
G. Timely Notice of Claims. University shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from University's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. University's Insurance. University shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance or self-insurance,
which in its own judgment may be necessary for its proper protection and
prosecution of the Work.
UCLA Center For Prehospital Care Paramedic Education Program Page B-4
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