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HomeMy WebLinkAboutContract 45495 (2)EDUCATIONAL EXPERIENCE AGREEMENT BETWEEN TARRANT COUNTY HOSPITAL DISTRICT d/b/a JPS HEALTH NETWORK AND CITY OF FORT WORTH tii fY $CRETARV CONTRACT NO, 4 y i This EDUCATIONAL EXPERIENCE AGREEMENT ("Agreement") is made and entered into effective the 1st day of April, 2014 by and between Tarrant County Hospital District d/b/a JPS Health Network ("DISTRICT"), located at 1500 South Main Street, Fort Worth, Texas 76104, and the City of Fort Worth ("CITY"), located at 1000 Throckmorton Street, Fort Worth, TX 76102. The DISTRICT and CITY may be referred to individually as a "Party" to this Agreement, and they may be referred to collectively as the "Parties" to this Agreement. WHEREAS, the DISTRICT is a unit of local government, and more specifically a county hospital district, created and operating under Chapter 281 of the Texas Health and Safety Code, which, in furtherance of its statutory obligations to provide health care services to the indigent and needy residents of Tarrant County, Texas, owns and operates a hospital and other health care facilities located throughout and serving Tarrant County, Texas; and WHEREAS, the FORT WORTH FIRE DEPARTMENT is a department of the CITY and operates its Fort Worth Fire Department EMT/Paramedics Program ("PROGRAM") to provide education in the areas described in Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, it is the desire of the Parties for the benefit of the citizens of Tarrant County that they maintain quality programs for emergency medical technicians/paramedics ("EMTP") education experience opportunities for Students of PROGRAM in order that the DISTRICT and CITY may accomplish their objectives in a larger measure; and WHEREAS, the Parties desire to collaborate toward excellence in the provision of EMTP education experience opportunities to Students of PROGRAM at DISTRICT Facilities; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the DISTRICT and CITY do hereby agree as follows: DEFINITIONS: 1. "Coordinator of Educational Activities" means the duly authorized and designated employee or agent of DISTRICT responsible for the planning and implementation of the EMTP education experience opportunities provided hereunder. 2. "EMTP Education Coordinator" means the duly authorized and designated employee or agent of FORT WORTH FIRE DEPARTMENT responsible for establishing and maintaining communication between FORT WORTH FIRE DEPARTMENT and DISTRICT, screening, selecting and plan in$ the schedule of Student assignments, determining Facilities at which EM P-`ec�ucat on experience OFFICIAL 1RECoRL) CITY SECRETARY Ft WORTIM opportunities are desired (subject to DISTRICT approval), and providing the DISTRICT Coordinator of Educational Activities with the number and names of Students, dates of assignment, the level and areas of EMTP education expel fence, and any other information required or requested hereunder. 3. "Facilities" means facilities owned and/or operated by DISTRICT at which EMTP education experience opportunities are provided hereunder. 4. 'Faculty' or "Faculty Member" means employees or agents of FORT WORTH FIRE DEPARTMENT providing instruction to recruits of FORT WORTH FIRE DEPARTMENT in association with the PROGRAM and the EMTP education experience opportunities provided hereunder. 5. 'Students" means recruits of FORT WORTH FIRE DEPARTMENT who are participating in PROGRAM and the EMTP education experience opportunities provided hereunder. RESPONSIBILITIES OF CITY: 1. CITY shall be responsible for establishing and maintaining communication and liaison between the FORT WORTH FIRE DEPARTMENT and the DISTRICT through an EMTP Education Coordinator. The EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT will determine the Facilities of the DISTRICT where the EMTP education experience activities are desired and the days and hours of the EMTP education experience within each area, subject to final approval by DISTRICT. The EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT will consult the Coordinator of Educational Activities of DISTRICT in making such determination. 2. The EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT shall designate Students who are to participate in EMTP education experience rotations within the DISTRICT Prior to the commencement of an EMTP education experience rotation within the DISTRICT, all Students shall complete appropriate courses of study as designated by FORT WORTH FIRE DEPARTMENT preparing such Student for the EMTP education experience. FORT WORTH FIRE DEPARTMENT shall review each Student's record that will be trained at the DISTRICT to determine that the Student has the necessary training, education, skills, attitude, and other qualifications including physical and mental fitness, to perform the duties necessary to complete the training curriculum established for such Student. 3. CITY shall provide to the DISTRICT upon request, the Student's training curriculum, documentation to establish that the Student's previous training, skills, attitude and other qualifications including physical and mental fitness, are sufficient to permit the Student to complete the training PROGRAM and to be eligible to take an examination for licensing DISTRICT shall have the right to refuse to allow any Student to train at the hospital if such Student, in the DISTRICT'S opinion, does not have the requisite training education skills, attitude, or other qualifications, including the mental and physical fitness, to provide proper care to patients at DISTRICT Facilities. 4. FORT WORTH FIRE DEPARTMENT shall confer adjunct faculty status as applicable, to appropriate personnel at the DISTRICT who serve in the EMTP educational experience of the Students. 5. Faculty of FORT WORTH FIRE DEPARTMENT will provide all supervision and instruction of Students in PROGRAM, unless otherwise agreed in writing by DISTRICT, including but not limited to, required documentation for accrediting agencies, provision of supplies and material, and costs to conduct the PROGRAM. Page 2 of 2 6. Faculty and Students will complete an orientation to the DISTRICT'S policies and procedures prior to participating in the PROGRAM at DISTRICT Facilities. The EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT will assure each Faculty Member's and Student's completion of this process and will document such and forward a copy to the Coordinator of Educational Activities of the DISTRICT. 7. EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT will provide DISTRICT with a schedule for each semester when Students are to be in any DISTRICT Facility. The schedule shall include: name, unit where they will work, the hours for each day that they will be in the Facility and the assigned Student will provide verification of immunizations, TB test results and other information as required on workers having direct contact with the patients of the DISTRICT. DISTRICT complies fully with all provisions of the Family Educational Rights and Privacy Act with regal d to release of Student information. 8. The EMTP Education Coordinator and Faculty of FORT WORTH FIRE DEPARTMENT will provide Students of PROGRAM, as well as the Coordinator of Educational Activities of DISTRICT with written guidelines for PROGRAM. 9. The EMTP Education Coordinator and Faculty of FORT WORTH FIRE DEPARTMENT will consult with appropriate administrative staff, the Coordinator of Educational Activities, and/or department heads of DISTRICT as necessary to facilitate safe and efficient implementation of EMTP education experiences at DISTRICT'S Facilities. 10. The EMTP Education Coordinator of FORT WORTH FIRE DEPARTMENT shall provide regular feedback to the Coordinator of Educational Activities of DISTRICT on the success of the EMTP education opportunities provided hereunder as perceived by the Students and Faculty. 11. CITY certifies and warrants that it is a self -funded entity for general liability purposes, and damages for which CITY is ultimately found liable will be paid directly by CITY and not by a commercial insurance company. 12. The CITY shall assume the responsibility for assuring continuing compliance with the educational standards established by any accrediting agencies for PROGRAM and FORT WORTH FIRE DEPARTMENT. 13. CITY shall promptly (within 24 hours) notify DISTRICT of any matter or occurrence compromising or bringing into question the competency or professional ability of any Faculty Member or Student participating in PROGRAM at DISTRICT Facilities. CITY shall immediately remove any such Faculty Member or Student from any situation affecting patient counseling or care, directly or indirectly. 14. CITY, including FORT WORTH FIRE DEPARTMENT, Students and Faculty shall be responsible for maintaining patient confidentiality. Students and Faculty shall be instructed accordingly to prevent breaches of patient privacy and to maintain a high standard of quality professional care. 15. CITY, including FORT WORTH FIRE DEPARTMENT, and their respective employees and Students will comply with all applicable local, State and federal laws and regulatory/licensing/accrediting agency requirements/rules, standards and DISTRICT policies and procedures Page 3 of 3 16. CITY shall be responsible for instructing Students participating in the PROGRAM at DISTRICT Facilities to comply with the final regulations issued by the Occupational Safety and Health Administration governing employee exposure to blood borne pathogens in the workplace under Section VI(b) of the Occupational Safety and Health Act of 1970, which regulations became effective March 6, 1992, and as may be amended or superseded from time to time. CITY shall provide all Students with (1) information and training about the hazards associated with blood and other potentially infectious materials, (2) information and training about the protective measures to be taken to minimize the risk of occupational exposure to blood borne pathogens, and (3) training in appropriate actions to take in an emergency involving exposure to blood and other potentially infectious materials. CITY shall provide to DISTRICT evidence that the Student is not ineligible to participate in all federal and state health programs and verification that the Student is not on the OIG or GSA exclusion list. RESPONSIBILITIES OF DISTRICT: 1. DISTRICT shall, within its available resources, provide within its Facilities, adequate classroom and conference space, for Student/Faculty meetings. 2. DISTRICT shall, subject to its Board of Managers approval, allow EMTP education experience for PROGRAM's Students in the selected EMTP education experience area subject to availability of experiences within the Facility. 3. DISTRICT shall provide Students and Faculty with an orientation to the hospital to include familiarization with hospital policies, procedures, and Facilities prior to the first work day. Orientation shall also include the ethical and legal obligation related to confidentiality and the importance of maintaining confidentiality of a patient's diagnosis, medical history, medical record, and other patient identifying information DISTRICT shall designate a Coordinator of Educational Activities who will be responsible for the planning and implementation of the EMTP education experience hereunder. DISTRICT shall provide the Coordinator of Educational Activities with the necessary time and support services to plan and implement the DISTRICT'S involvement in the PROGRAM hereunder, including time to attend relevant meetings and conferences, except as it interferes with the care of DISTRICT patients or DISTRICT operations. 5. DISTRICT shall direct the medical and nursing care of its patients, including, but not limited to, emergency medical care and will retain ultimate decision making authority regarding such care; provided, however that the CITY shall be responsible for the quality of EMTP services performed by Students and Faculty. DISTRICT shall provide emergency care for Students who are injured or become ill while participating in the PROGRAM at the DISTRICT. It is understood that Students (or their parents or guardians as the case may be) shall be responsible for their own medical expenses, whether incurred at the DISTRICT or elsewhere. 7. DISTRICT shall comply with all regulations and laws including those affecting health and safety and exposure to blood or other potentially infectious bodily fluids, including providing to Students the same testing and counseling provided to DISTRICT'S employees. Page 4 of4 OTHER PROVISIONS: 1. The Faculty and Students made the subject of this Agreement will perform their duties and activities as part of the PROGRAM of the FORT WORTH FIRE DEPARTMENT. Consequently, no compensation or payment of any kind is due such Faculty or Students by DISTRICT and these is no employer/employee relationship between the DISTRICT and Students of PROGRAM or Faculty of FORT WORTH FIRE DEPARTMENT. 2. This Agreement shall remain in full force and effect for a term of one (1) year beginning April 1, 2014 and expiring March 31, 2015 and shall automatically renew for successive one (1) year periods upon the FORT WORTH FIRE DEPARTMENT updating the list of Students participating in the PROGRAM, unless the Agieement is terminated or canceled by either Party This Agreement and its renewals shall not exceed a total term of three (3) years. 3. This Agreement may be terminated by either Party, for any reason or none, upon thirty (30) days written notice to the other Party. Termination without cause shall not affect Students participating in the PROGRAM at the DISTRICT for the academic term in which the termination notice is given; and such Students shall be permitted to complete their current rotation, assignment, or semester, at FORT WORTH FIRE DEPARTMENT'S option. Further, this Agreement may be immediately and summai ily terminated by DISTRICT if, at any time, it determines that the FORT WORTH FIRE DEPARTMENT'S training PROGRAM, its Faculty and/or its Students participating therein are not performing in a manner consistent with acceptable standards. Further, any Student determined by DISTRICT to represent a danger to patients or to be below acceptable standards may be immediately and summarily removed from participation thereunder. Also, either Party shall have the right to immediately terminate this Agieement upon DISTRICT or CITY'S loss or suspension of any material certification, license, accreditation, of other approval necessary to meet the requirements set forth in this Agreement. 4. Any PROGRAM educational opportunities listed in Exhibit "A" may be canceled by either Party by giving thirty (30) days written notice to the other of its intention to terminate the PROGRAM educational opportunity; piovided, however, all PROGRAM activities at DISTRICT shall automatically terminate upon termination of this Educational Experience Agreement. 5. DISTRICT is a drug free work place. All Students and Faculty shall comply with DISTRICT'S substance abuse policies, and the DISTRICT reserves the right to terminate the EMTP education experience rotation of a Student or to require CITY to remove a Student or Faculty Member from the PROGRAM if there is reasonable suspicion that the Student or Faculty Member has violated the DISTRICT'S policies on substance abuse. 6. Notices of termination or of important communications to be given under this Agreement shall be given to the respective Parties in writing either by personal delivery, overnight delivery service, registered or certified mail, or postage prepaid. Such notices or communications shall be deemed to have been provided three (3) days after depositing in the United States mail if sent by regular, registered or certified mail postage prepaid, or one (1) day after delivery to an overnight delivery service addressed to the respective representatives of each Party as designated in the signature blocks below or to such other persons or places as either Party may from time to time designate by written notice to the other Party. 7. This Agreement supersedes any prior agreements between the CITY and DISTRICT concerning the subject of this Agreement. This Agreement may be amended only by written instrument duly executed by the CITY and DISTRICT. Page 5 of 5 8. CITY acknowledges that DISTRICT is a governmental body under Chapter 552 of the Texas Government Code and thereby acknowledges that information that is collected, assembled, or maintained in connection with the transaction of official business by a governmental body is considered public information potentially subject to disclosure pursuant to a valid Public Information Act request; and CITY hereby assumes full responsibility for challenging any requests for information it considers confidential under Chapter 552, DISTRICT agrees to notify CITY of any Public Information Act requests that seek disclosure of potentially confidential information under this Agreement between the Parties however, failure to notify by DISTRICT shall not be deemed a material breach of this Agreement. 9. CITY and DISTRICT acknowledge that DISTRICT is a covered entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (42 U S.C. 1320d) ("HIPAA"). The Parties acknowledge that fedet al regulations set forth in HIPAA and the Health Information Technology for Economic and Clinical Health Act of 2009 (42 U.S.C. 17921-53) (' HITECH Act") relating to the confidentiality, integrity and accessibility of individually identifiable health information (whether created maintained, accessed, stored or transmitted electronically or otherwise) require covered entities to comply with the "privacy and security standards" adopted by the United States Department of Health and Human Services, as they may be amended from time to time, 45 C.F.R. parts 160 and 164 subparts A and E ("Privacy Rule") and 45 C.F R. parts 160 and 164 subparts A and C ("Security Rule"). The Privacy Rule and Security Rule ate collectively referred to herein as the "Privacy and Security Standards". The Privacy and Security Standards require a covered entity to ensure that those who receive access, store, or transmit confidential information in the course of providing services on behalf of a covered entity comply with certain obligations regarding the confidentiality, integrity, and availability of health information as defined in the aforementioned regulations. CITY shall direct its Students and Faculty, placed with the DISTRICT pursuant to this Agreement, to comply with the DISTRICT's policies, piocedures, rules and regulations regarding maintaining the confidential natui e of all Protected Health Information (PHI) which they may receive while participating in the PROGRAM, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164 Solely for the purpose of defining the Students' role in relation to the use and disclosure of DISTRICT'S protected health information, such Students are defined as members of the DISTRICT'S workforce, as that term is defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, such Students are not and shall not be considered to be employees of DISTRICT. CITY does not consider itself a `Business Associate" as defined in HIPAA; however, CITY, its faculty, staff and students will comply with confidentiality and security guidelines as stipulated in HIPAA and the HITECH Act CITY and its agents, students, faculty representatives and employees agree to keep strictly confidential all confidential information of DISTRICT and/or its patients and to not disclose or reveal any confidential information to any third party without the express prior written consent of DISTRICT. 10. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions The venue of any litigation arising from this Agreement will be in the United States District Courts, Fort Worth Division of the Northern District of Texas if the litigation arises in Federal Court or in the District Courts of Tarrant County Texas if the litigation arises in State Court. The venue of any dispute resolution activity shall be in Fort Worth, Tarrant County, Texas. 11. CITY acknowledges and agrees that the DISTRICT is a governmental entity and, as such, is subject to an annual budgetary process and the limitation and restrictions of fiscal funding. Notwithstanding any other provision herein, if and to the extent the obligations of this Agreement, either in its initial term or in any automatically or otherwise renewed term, should continue over into the DISTRICT's Page 6 of6 subsequent fiscal years following that fiscal year when this Agreement was executed and funds are not appropriated or budgeted foe this Agreement and completion of the term in question, the DISTRICT may terminate this Agreement without penalty and shall have no further obligation or liabilities hereunder. 12. No Party to this Agreement may assign this Agreement without the prior written consent of the other Party. 13. The failure to comply with or to enforce any term, provision, or condition of this Agreement, whether by conduct or otherwise, shall not constitute or be deemed a waiver of any other provision hereof; nor shall such failure to comply with or to enforce any term, provision, or condition hereof constitute or be deemed a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 14. No supplement, modification, or amendment of any term, provision, or condition of this Agreement shall be binding or enforceable on either Party hereto unless in writing signed by both Parties. 15 Nothing in this Agreement, whether express or implied, is intended to confer upon any individual or entity, other than the Parties hereto (and their respective heirs, representatives, successors, and permitted assigns), any rights or remedies hereunder or otherwise. Nothing in this Agreement is intended to relieve or discharge any liability of any Party hereto or any third party No provision in this Agreement shall give any individual or entity any right of subrogation against any Party hereto. 16. Should any part, term, or provision of this Agreement be declared to be invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect, and shall in no way be invalidated, impaired, or affected thereby. 17. The subject headings of the sections, paragraphs, and subparagraphs of this Agreement ate included herein solely foi the put poses of convenience and reference, and shall not be deemed to explain modify, limit, amplify, or aid in the meaning, construction, or interpretation of any of the provisions of this Agreement. 18. None of the provisions of this Agreement ate intended to create, and none shall be deemed or construed to create, any relationship between the Parties, other than that of independent contractors. This Agreement shall not create the relationship of employer -employee, agency, partnership, or joint venture. Neither Party shall have the right or power in any manner to unilaterally obligate the other to any third party, whether of not related to the purpose of this Agreement. 19. Neither Party shall be liable or deemed to be in default foi any delay or failure in performance under this Agreement or interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, labor disputes, shortages of suitable parts, or any similar cause beyond the reasonable control of the Parties 20. The Parties hereto warrant and represent that upon execution hereof, this Agreement shall be a legal, valid and binding obligation on them and shall be enforceable against them in accordance with its terms The Individuals signing this Agreement warrant and represent that they are duly authorized to sign this Agreement on behalf of the Parties hereto. [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURES ON FOLLOWING PAGE.] Page 7 of 7 TARRANT COUNTY HOSPITAL DISTRICT d/b/a JPS Health Network 1500 S. Main Street Fort Worth, TX 76104 By: Name: R. i`liam Whitman Title: Chief Operating Officer Date: 3-7-ei CITY OF FORT WORTH 1000 Throckmoiton Street Fort Worth, TX 76102 By: Lireg Name: Susan Alanis Title: ssistant City Manager Date: O¢. D $ . /4- 7 • A .. I . u, • aim MI• ■ • U. r FW Secretary W:\00 Tchd\193004\Documents\City of Fort Worth Fire Department - EEA (DLG Clean 03-14-14).docx .111711 NTORWEL,3 EXHIBIT "A" THIS AGREEMENT COVERS THE FOLLOWING PROGRAMS: 1. Emergency Medical Technician Page 9 of 9