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HomeMy WebLinkAboutResolution No. 2020-74;e Sponsored by: Administration Ki;NAI CITY OF KENAI RESOLUTION NO. 2020-74 A RESOLUTION OF THE CITY OF KENAI , ALASKA, AMENDING THE AGREEMENT FOR EMERGENCY SERVICES TRAINING AND CLINICAL EXPERIENCES WITH THE UNIVERSITY OF ALASKA TO ACCOMMODATE OVERNIGHT STAYS AND UPDATE INSURANCE REQUIREMENTS. WHEREAS , the Kenai Fire Department has a long cooperative history with the University of Alaska Kenai Peninsula Campus providing emergency service training and supervised clinical experiences for students; and, WHEREAS, this arrangement is mutually beneficial to the City and University as the University receives training for its students , and the City supports instate training and certification of firefighters and paramedics; and, WHEREAS, the City and University last signed an agreement in 2019 effective for 5 years; and , WHEREAS, because of the COVID-19 public health emergency, students are restricted from traveling out of state to gain necessary practical experience as they have in the past and the Kenai Fire Department can expand its assistance to the University by allowing students to sleep at the station during shift and providing other opportunities ; and, WHEREAS, it is in the best interest of the City to amend its Agreement with the University to provide for these expanded student opportunities and likewise update insurance requirements recommended by the City's insurance consultant to accommodate these changes . NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager or designee is authorized to sign an amendment to the City's 2019 Agreement with the University as attached hereto. Section 2. That this resolution takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September, 2020 . ATTEST: City of Kena i I 210 ~i d a l go Ave , Kenai, AK 99611 -7794 I 907.283.7535 I www.kenai .ci !y MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Scott Bloom, City Manager August27, 2020 Resolution 2020 -7 4 -Agreement for Emergency Services and Clinical Experiences with the University of Alaska The Kenai Fire Department has worked cooperatively with the University to provide its students with opportunities for emergency service training and supervised clinical experiences. Paramedic students will often leave Alaska to train with busier jurisdictions in order to gain the necessary experience for certification. Because of the COVID-19 public health emergency, these out of state opportunities have been restricted . The Fire Department can provide greater opportunities for local students to fill this gap as best as possible. This Resolution requests Council 's support in amending the current agreement with the University to provide for students to stay overnight and changes the insurance requirements to accommodate the potential increased risk at the recommendation of the City's insurance consultant. The plan is for the Fire Department to train 9 students in the near future in groups of 3. Attached to this is a copy of the current Agreement showing the proposed changes in track changes. Your consideration is appreciated. UNIVERSITY OF ALASKA -Anchorage KENAI PENINSULA COLLEGE (KPC) MATANUSKA-SUSITNA COLLEGE (MSC) AGREEMENT for Emergency Services Training and Clinical Experiences This agreement is made between the University of Alaska Anchorage" Kenai Peninsula College & Matanuska-Susitna College, (hereinafter "KPC/MSC") and the City of Kenai on behalf of the Kenai Fire Department, (hereinafter "KFD") for emergency services training and supervised clinical experiences. PURPOSE: Both KPC and MSC teach Paramedic, EMT, and other Emergency Services courses (hereinafter referred to as the 'program') to help fulfill the need for paramedics and other first responders within the State of Alaska . The City of Kenai further recognizes the need for paramedic and other emergency responders on the Kenai Peninsula. The UAA (KPC/MSC) Paramedic Program and the City of Kenai agree to collaborate for paramedic and other emergency services students to have on-site training experiences in conjunction with the Kenai Fire Department. A. KPC/MSC RESPONSIBILITIES : 1. KPC/MSC will conduct its program in conformity with all applicable state and federal laws and regulations. 2 . KPC/MSC will provide a qualified course instructor to conduct all student assessments and evaluations and all administrative details needed for the course. 3 . KPC/MSC will require participating students to abide by the rules of dress and conduct and other reasonable regulations of the City of Kenai, and to exercise the highest degree of care when using the City's supplies an equipment. 4. KPC/MSC will provide the Kenai Fire Department with the number of hours each student will be enrolled and a general description of each student's course objectives, as needed for the on-site or ride-along training and accreditation process. 5 . KPC/MSC shall maintain, in the amount of $1 ,000,000 .00 per occurrence and $2,000 ,000.00 in the aggregate, professional and general liability insurance for its employees and students. KPC/MSC shall arrange a separate professional liability policy with the same or higher limits for students that are placed with the City of Kenai under this Agreement naming the City of Kenai as an additional insured , if possible . KPC/MSC shall provide City of Kenai with a certificate of insurance evidencing the coverage required by this Agreement or a letter verifying self- insurance for general liability. KPC/MSC agrees to provide a letter to the City Agreement City of Kenai -2019-2024 Page 1of4 agreeing, subject to a specific appropriation by the leg islature for this purpose , to defend and indemnify the City for the acts and omissions of its students while participating in the Emergency Service Training and Clinical Experiences Covered by this Agreement. All parties to this agreement recognize and agree that KPC/MSC has no appropriation currently available to it to indemnify City of Kenai under this provision and that enactment of an appropriation in the future to fund a payment under this provision remains in the sole discretion of the legislature and the legislature 's failure to make such an appropriation creates no further liability or obligation of KPC/MSC . Students are responsible for their own health insurance coverage for the duration of their assignment at the City of Kenai. 6. KPC/MSC will require a criminal background check pursuant to applicable "Child and Adult Abuse Laws." The student will be required to provide KPC/MSC with a copy of the criminal background check results prior to placement. The placement of each student at the City of Kenai is contingent upon provision of the criminal background check results . (The results will be stored at KPC/MSC but are available to City of Kenai upon request.) 7. KPC/MSC and participating students shall be required to follow applicable procedures as written and distributed to KPC/MSC by the City of Kenai, and/or the Kenai Fire Department. 8. KPC/MSC shall be responsible for the actions or inactions of its employees during the course of the program . Any City of Kenai employees or volunteers who perform services as employees of KPC/MSC as a part of this program shall be considered so lely as KPC/MSC employees and not City of Kenai employees or volunteers during training courses and while performing such services. 9. Upon reasonable and proper notice, KPC/MSC will allow the City of Kenai to examine the course materials and student assessments in conjunction with any legitimate accreditation needs. B. CITY OF KENAI (KENAI FIRE DEPARTMENT) RESPONSIBILITIES: 1. As space, time , and business needs allow, City of Kenai will accept KPC/MSC students at the fire departments, and department training grounds for training of practical skills . The student(s) will report to the .City's location as assigned . 2. The City of Kenai will allow paramedic students to function under the direct supervision of a licensed paramedic as allowed by the program under the authority of 12 MC 40 .370(b)(3). 3. The City of Kenai will allow other emergency services (firefighter students, ETT and EMT students) to observe and/or assist full-time personnel as approved by the Fire Chief of the Kenai Fire Department. Agreement City of Kenai -2019-2024 Page 2of4 4. The City of Kenai will allow for either 12 or 24 hour ride-along and or overn ight stay opportunities for students who have met the program's eligibility requirements and signed the waiver and release from liability. 5. The City of Kenai will allow the KPC/MSC instructors a period of orientation in its facilities prior to the placement of students. 6. The City of Kenai will permit participating students reasonable use of the dressing and sleeping areas, restrooms, and dining areas of its facilities. 7. Students are not considered employees of the City of Kenai while attending KPC or MSC classes, or when training with the City of Kenai pursuant to this agreement, and the City of Kenai agrees : a. To not promise prior to the completion of the work-based learning experience to provide any student a job. b . To not pay wages or other compensation for work done during the work based learning experience . c. To not displace any employee as a result of the placement of a student at the worksite during the training. d. To maintain adequate staffing so that students are not expected to meet City of Kenai service demands. 8. Family Educational Rights and Privacy Act. Personally identifiable information from students' education records shall be disclosed only in accordance with the Family Educational Rights and Privacy Act (FERPA). The Borough and its officers, employees and agents may use information disclosed from education records only for the purposes for which the disclosure was made. The Borough shall not disclose information from education records to any other party without first having received written consent of the student, or from the student's parent if the student is less than 18 years of age, and after obtaining assurances that the other party will fully comply with the provisions of the Family Educational Rights and Privacy Act and that no further disclosure by such party shall occur or be permitted . C. GENERAL PROVISIONS 1. There will be no monetary reimbursement from either party to the other for the mutual benefits received under this agreement, nor will any student be reimbursed for services performed incidental to this agreement. 3. This agreement shall become effective on July 1, 2019 and shall remain in effect for a period of three (5) years, expiring on June 30, 2024. Agreement City of Kenai -2019-2024 Page3 of4 4 . This agreement may be terminated by either party by providing written notice to the other party at least 30 days prior to the date of proposed termination. 5. Participating students must sign a City of Kenai release and liability waiver prior to training with the City of Kenai under this agreement. D. SIGNATURES The parties, by and through their duly authorized representatives, indicate their willingness to be bound by the forgoing provisions by affixing their respective signatures below: Kenai Fire Department 105 S. Willow Street Kenai.AK 99611 (907) 283-7666 tprior@kenai.city Tony Prior Fire Chief, Kenai Fire Department Matanuska-Susitna College PO Box 2889, Mile 2 Trunk Road Palmer, AK 99669 (907) 262-4441 tjcolbern@matsu.alaska .edu Talis J. Colberg, MSC College Director Date City of Kenai 210 Fildago Ave Kenai, AK 99611 (907) 283-7535 postrander@kenai .city Paul Ostrander City Manager, City of Kenai Kenai Peninsula College 156 College Road Soldotna, AK 99669 (907) 262-0300 gjturner@kpc.alaska.edu Gary J. Turner, KPC College Director Date Agreement City of Kenai -2019-2024 Page4 of4