HomeMy WebLinkAboutContract 63147Docusign Envelope ID: 5E8F69F5-C279-4AF1-879E-F2DDA2DFCDFB
CSC No. 63147
EDUCATIONAL EXPERIENCE AGREEMENT
BETWEEN
TARRANT COUNTY HOSPITAL DISTRICT
d/b/a JPS HEALTH NETWORK
AND
FORT WORTH FIRE DEPARTMENT EMT TRAINING ACADEMY
This EDUCATIONAL EXPERIENCE AGREEMENT ("Agreement") is made and entered into effective
the 1st day of May, 2025, by and between Tarrant County Hospital District d/b/a JPS Health Network
("JPS") and the City of Fort Worth by and through the Fort Worth Fire Department EMT Training Academy
("SCHOOL"). JPS and SCHOOL 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, JPS 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, SCHOOL is a home -rule municipality and operates its EMT academic program to provide
education in the areas described in Exhibit "A" ("PROGRAM"), 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 Clinical Education Experience (defined below) opportunities for Students (defined
below) so that JPS and SCHOOL may accomplish their objectives in larger measure; and
WHEREAS, the Parties desire to collaborate toward excellence in the provision of a Clinical Education
Experience (defined below) to Students of the PROGRAM at JPS 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, JPS and SCHOOL do hereby agree as follows:
A. DEFINITIONS:
1. "Clinical Education Coordinator" means the duly authorized and designated employee or agent of
SCHOOL responsible for establishing and maintaining communication between SCHOOL and JPS
regarding required Student documentation, PROGRAM curriculum, and Student responsibilities for
the Clinical Education Experience.
2. "Clinical Education Experience" means an educational training curriculum within the PROGRAM
designed to (i) allow Students to participate in supervised "hands-on" patient care at JPS Facilities, and
(ii) provide Students with a strong foundation in clinical disciplines for the Student's specialty of
choice; and (iii) provide an assigned training time period for a specific Student to perform and complete
his/her Clinical Education Experience.
"Clinical Experience Coordinator" means the duly authorized and designated employee or agent of JPS
responsible for the planning and implementation of the Clinical Education Experience provided
hereunder.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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4. "Facilities" or "Facility" means John Peter Smith Hospital and/or any JPS clinic at which a Clinical
Education Experience is provided hereunder.
"Faculty" or "Faculty Member", when applicable, means City of Fort Worth employees providing
instruction to Students of SCHOOL's EMT Academy in association with the PROGRAM and the
Clinical Education Experience provided hereunder.
6. "JPS Preceptors", when applicable, means JPS employees providing instruction to Students of
SCHOOL in association with the PROGRAM and the Clinical Education Experience provided
hereunder.
7. "Orientation" means initial training provided by JPS to Students and Faculty, prior to or on the first day
of the Clinical Education Experience, which training may include, but shall not be limited to, applicable
information regarding (i) JPS's bylaws, policies, procedures, rules, and regulations ("JPS Policies"),
(ii) 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; (iii) the on -boarding process (Code of Ethics, HIPAA Statement, Badging, Parking, and
Cafeteria), (iv) the off -boarding process (Exit Evaluation, Badge Return), and (v) such other
requirements, training, and activities as may be determined by JPS.
8. "Student" means a person enrolled for educational instruction at SCHOOL and participating in the
PROGRAM and a Clinical Education Experience at JPS.
B. RESPONSIBILITIES OF SCHOOL:
SCHOOL shall bear sole responsibility for the education of its students, establishment of its
curriculum, credentialing of its volunteer clinical Faculty, plus all of its other operations and
functions with respect to the PROGRAM and the Clinical Education Experience.
2. The Clinical Education Coordinator shall be responsible for establishing and maintaining
communication and liaison between SCHOOL and JPS with respect to the PROGRAM and the
Clinical Education Experience. The Clinical Education Coordinator will request the Facilities of
JPS where the Clinical Education Experience activities are desired, and the days and hours of the
Clinical Education Experience within each area, subject to final approval by JPS. The Clinical
Education Coordinator will consult with the Clinical Experience Coordinator of JPS regarding
Student placement requests for the Clinical Education Experience.
For each SCHOOL EMT class during the Term hereof, the Clinical Education Coordinator of SCHOOL
shall consult with the Clinical Experience Coordinator of JPS to determine the existence of available
slots for Students in one or more requested Clinical Education Experiences for the upcoming EMT
class sessions. After confirming such availability, the Clinical Education Coordinator of SCHOOL
shall assign Students to participate in a Clinical Education Experience within JPS. Prior to the
commencement of a Clinical Education Experience within JPS, all Students shall complete appropriate
courses of study as designated by SCHOOL to prepare each Student for the Clinical Education
Experience. Before a prospective Student may enter a Clinical Education Experience, SCHOOL shall
determine whether the prospective Student has the necessary training, education, skills, attitude, and
other necessary qualifications, including physical and mental fitness, to perform the duties required to
complete the training curriculum established for such Student and the Clinical Education Experience
("Requisite Skills"). The SCHOOL shall not permit a prospective Student lacking Requisite Skills to
participate in the Clinical Education Experience.
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4. Prior to any Student's entry into a Clinical Education Experience at JPS, SCHOOL shall provide
to JPS such Student's training curriculum and other related documentation of each Student's
Requisite Skills. JPS shall have the right to refuse the participation of any Student if, in the sole
discretion of JPS, that Student does not have the Requisite Skills to participate in the Clinical
Education Experience. Neither the acceptance by JPS of any Student nor the lack of JPS's refusal
of any Student shall be construed or applied as a representation, warranty or affirmation of any kind
as to the Student's Requisite Skills or qualifications of any kind.
SCHOOL, by and through its Faculty, shall provide all supervision and instruction of Students in
the educational aspect of the PROGRAM at the SCHOOL property. JPS Preceptors shall provide
all supervision and instruction of Students in the Clinical Education Experience in JPS Facilities.
SCHOOL shall be responsible for: (i) providing required documentation to accrediting agencies,
(ii) providing necessary supplies and materials to Students in the Clinical Education Experience,
and (iii) costs to conduct the PROGRAM.
6. The SCHOOL will not permit any Student to participate in the Clinical Education Experience of
the PROGRAM at JPS Facilities, until the Student has (i) completed, passed and achieved a 100%
post-test score on the Dallas -Fort Worth Hospital Council Foundation's Standard Hospital Student
Orientation exam, and (ii) completed the JPS Orientation that is provided by the Clinical
Experience Coordinator. The Clinical Education Coordinator will assure each Student's completion
of the JPS Orientation and will document the same on JPS's Student School Verification Checklist
("Checklist") and forward a completed copy of the Checklist to the Clinical Experience
Coordinator.
7. The Clinical Education Coordinator will provide JPS with a schedule for every Clinical Education
Experience each EMT class when Students are to be in any JPS Facility. The schedule shall include:
each Student's name, the clinical unit at JPS where each Student will work, and the hours for each
day that each Student will be at JPS.
8. Prior to the start of any Clinical Education Experience, the SCHOOL shall provide to JPS each
Student's verification of immunizations, TB test results and other information as required for
workers having direct contact with JPS patients.
9. Prior to the start of the Clinical Education Experience, the Clinical Education Coordinator shall
prepare and provide the Clinical Experience Coordinator with written syllabus and/or goals and
objectives for the Clinical Education Experience ("CEE Syllabus/Goals/Objectives"). The Clinical
Education Coordinator shall provide a copy of the CEE Syllabus/Goals/Objectives to each Student
in advance of the start of such Student's Clinical Education Experience.
10. The Clinical Education Coordinator and Faculty will consult with appropriate JPS administrative
staff, the Clinical Experience Coordinator, and/or department heads of JPS as necessary to facilitate
safe and efficient implementation of each Clinical Education Experience.
11. As necessary during, and immediately after the completion of, each Clinical Education Experience,
the Clinical Education Coordinator shall provide regular feedback to the Clinical Experience
Coordinator on the Student and Faculty perceptions of the level of success of the Clinical Education
Experience.
12. SCHOOL certifies and warrants that it is self -insured as permitted under the laws of the State of
Texas and pursuant to Chapter 2259 of the Texas Government Code. SCHOOL shall send to JPS,
upon request, proof of the existence of its self -insured status.
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13. SCHOOL shall maintain compliance with all educational standards applicable to the PROGRAM
which have been established by any accrediting agency for PROGRAM and SCHOOL.
14. SCHOOL shall retain responsibility for the education of Students. SCHOOL shall maintain all
educational records and reports relating to the experiences of its Students.
15. SCHOOL shall notify JPS of any Student or Faculty Member behavior compromising or bringing
into question, the competency or professional skill, knowledge and/or ability of any Student or
Faculty Member in a Clinical Education Experience ("Competency Matter") within twenty-four
(24) hours of being notified of or otherwise becoming aware of any such Competency Matter. In
the event of the occurrence of any such Competency Matter, SCHOOL shall immediately remove
any such Student or Faculty Member from all direct or indirect patient care or counseling at the
Facilities.
16. SCHOOL, Students and Faculty shall be responsible for maintaining patient confidentiality in
compliance with HIPAA, JPS Policies and all other applicable laws.
17. SCHOOL and employees/Students shall comply with all applicable local, State and federal laws
and regulatory/licensing/accrediting agency requirements/rules, standards and JPS Policies.
18. SCHOOL shall be responsible for maintaining Student compliance with the Occupational Safety
and Health Administration Act of 1970 and all regulations promulgated thereunder (as the same
may be amended from time to time) governing employee exposure to blood borne pathogens in the
workplace. SCHOOL shall provide all Students with (1) information and training about the hazards
associated with blood and other potentially infectious materials, (2) information and training
regarding protective measures to be taken to minimize the risk of occupational exposure to
bloodborne pathogens, and (3) emergency training, procedures and protocol involving exposure to
blood and other potentially infectious materials.
19. Prior to any Student's entry into a Clinical Education Experience at JPS, SCHOOL shall provide
the Student with the following instructions: (i) the Student is responsible for transportation costs;
(ii) the Student must wear appropriate attire and identification; (iii) the Student will not be paid for
the Student's participation in the Clinical Education Experience; (iv) the Student is not entitled to
employee benefits from JPS; and (v) the Student may be removed from the Clinical Education
Experience for violations of federal, state, or local laws or JPS Policies.
20. SCHOOL shall provide JPS with verification that the Student is not on the United States
Department of Health and Human Services' Office of the Inspector General's (OIG) List of
Excluded Individuals/Entities or the federal General Services Administration's (GSA) Excluded
Parties List System.
21. Prior to any Student's participation in the Clinical Education Experience, SCHOOL shall (i) obtain
a criminal background check and a 10 panel drug screen on the Student, and (ii) provide
confirmation to JPS that the criminal background check and drug screen have been completed as
part of the Checklist referenced in subsection B.7. above. The criminal background check shall
comply with The Joint Commission's Standard HR 01.01.01.
22. In compliance with Section 2270.001 et seq. of the Texas Government Code, SCHOOL and JPS
warrant, represent, and by its execution of this Agreement hereby verify that: (1) SCHOOL and
JPS do not boycott Israel; and (2) SCHOOL and JPS will not boycott Israel during the term of this
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Agreement. For the purposes of this Agreement, and in compliance with the Texas Government
Code, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict harm on, or limit commercial
relationships specifically with Israel, or with a person or entity doing business in Israel or in an
Israel -controlled territory, but does not include an action made for ordinary business purposes.
23. In compliance with Section 2252.151 et seq. of the Texas Government Code, SCHOOL and JPS
warrant, represent, and by its execution of this Agreement hereby verify that: (1) SCHOOL and
JPS do not engage in scrutinized business operations in Sudan; (2) SCHOOL and JPS do not engage
in scrutinized business operations in Iran; and (3) SCHOOL and JPS do not engage in scrutinized
business operations with designated foreign terrorist organizations. "Scrutinized business
operations in Sudan" shall have the meaning ascribed to that term as set forth in Section 2270.0001
et seq. of the Texas Government Code. "Scrutinized business operations in Iran" shall have the
meaning ascribed to that term as set forth in Section 2270.0101 et seq. of the Texas Government
Code. "Scrutinized business operations with designated foreign terrorist organizations" shall have
the meaning ascribed to that term as set forth in Section 2270.0151 et seq. of the Texas Government
Code.
24. In compliance with Section 2274.002 of the Texas Government Code (added by 87th Legislature,
S.B. 13), SCHOOL and JPS verify that it does not boycott energy companies and will not boycott
energy companies during the term of this Agreement. `Boycott energy company" is defined in
Section 809.001(1) (added by 87th Legislature, S.B. 13) and means, without an ordinary business
purpose, refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm on, or limit commercial relations with a company
because the company: (A) engages in the exploration, production, utilization, transportation, sale,
or manufacturing of fossil fuel -based energy and does not commit or pledge to meet environmental
standards beyond applicable federal and state law; or (B) does business with a company described
by subsection (A).
25. In compliance with Section 2274.002 of the Texas Government Code (added by 87th Legislature,
S.B. 19), SCHOOL and JPS verify that it does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and will not discriminate
during the term of this Agreement against a firearm entity or firearm trade association.
"Discriminate against a firearm entity or firearm trade association" is defined in Section
2274.001(3) (added by 87th Legislature, S.B. 19) and means, with respect to the entity or
association, to: (i) refuse to engage in the trade of any goods or services with the entity or
association based solely on its status as a firearm entity or firearm trade association; (ii) refrain
from continuing an existing business relationship with the entity or association based solely on its
status as a firearm entity or firearm trade association; or (iii) terminate an existing business
relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association; the term does not include: (i) the established policies of a merchant, retail seller,
or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm
accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision
to refrain from continuing an existing business relationship, or decision to terminate an existing
business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a
directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the
customer or potential customer and not based solely on an entity's or association's status as a
firearm entity or firearm trade association.
C. RESPONSIBILITIES OF JPS:
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The Facilities for the Clinical Education Experience shall include, under the same conditions applicable
to JPS's employees: (i) sufficient facilities, medical equipment, supplies and support personnel,
including JPS Preceptors (if applicable); and (ii) access to the JPS cafeteria, library, and storage lockers
on a space -available basis. Students must register their vehicles with JPS Parking Services Department,
will be issued a JPS parking tag, and will be assigned parking in a designated parking area. Students
must abide by all JPS parking and traffic rules, regulations, handbooks, policies, and procedures.
2. As more specifically set forth in Subsection B.2. above, JPS shall allow Clinical Education Experiences
at JPS Facilities for the Students in the PROGRAM, subject to the availability of slots for Clinical
Education Experiences within the Facility, as determined by JPS in its reasonable discretion.
JPS shall designate a Clinical Experience Coordinator who will be responsible for the planning and
implementation of the Clinical Education Experience. JPS shall provide the Clinical Experience
Coordinator with the necessary time and support services to plan and implement JPS's involvement in
the PROGRAM under the terms of this Agreement, including time to attend relevant meetings and
conferences, so long as such participation does not interfere with the care of JPS patients or JPS
operations.
4. JPS shall maintain all authority and control regarding the medical and nursing care of its patients;
provided, however, that nothing in this Section CA shall be construed or applied as the assignment to
or assumption by JPS of any authority or control over and/or liability for the performance of clinical or
medical services, if any, that are provided to patients of JPS by any Faculty Member.
5. In observing and performing its obligations under this Agreement, JPS shall comply with all applicable
regulations and laws including those affecting health and safety and exposure to blood or other
potentially infectious bodily fluids, and shall provide to Students the same testing and counseling
related to health and safety concerns as provided to JPS's employees.
6. JPS shall comply fully with all provisions of the Family Educational Rights and Privacy Act, as
amended, 20 U.S.C. 1232g, with regard to release of a Student's individually identifiable information.
D. TERM AND TERMINATION, REMOVAL:
1. This Agreement shall remain in full force and effect for a term of three (3) years ("Term") beginning
May 1, 2025 and expiring April 30, 2028, unless the Agreement is earlier terminated by either Party.
2. This Agreement, or any renewal or extension thereof, may be terminated by either Party without cause
upon thirty (30) days written notice to the other Party ("Termination Notice"); provided however that,
at SCHOOL's option, all Students then participating in a Clinical Education Experience shall be
allowed to continue their Clinical Education Experience in the academic term in which the Termination
Notice is given ("CEE Completion"). The duration of a CEE Completion shall be for a period of time
not exceeding the earlier of three (3) months from the date of the Termination Notice or the end of the
then current academic year, provided that JPS continues to have sufficient staffing and other resources
to continue the Clinical Education Experience until that date. Further, this Agreement may be
terminated immediately by JPS if, at anytime, SCHOOL's PROGRAM, its Faculty and/or its Students
failed to perform in a manner consistent with clinical and/or ethical standards acceptable to JPS in its
sole discretion. JPS agrees to promptly provide the SCHOOL a written statement describing the reason
or reasons for the removal of a Student or Faculty Member due to the Student's or Faculty Member's
unsatisfactory performance or failure to follow JPS Policies, or any applicable federal, state, or local
laws.
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3. Any Student or Faculty Member determined by JPS to represent a danger to patients, staff, or others,
or to be below acceptable clinical and/or ethical standards may be immediately removed by JPS, in its
sole and absolute discretion, from participation in the Clinical Education Experience.
4. Either Party shall have the right to immediately terminate this Agreement upon its respective loss or
suspension of any material certification, license, accreditation, or other approval necessary to meet the
requirements set forth in this Agreement.
5. SCHOOL and JPS acknowledge and agrees that each 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 either party's
subsequent fiscal years following that fiscal year when this Agreement was executed and funds are not
appropriated or budgeted for this Agreement and completion of the Term in question, either party may
terminate this Agreement without penalty and shall have no further obligation or liabilities hereunder.
6. 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; provided, however, all PROGRAM activities at JPS shall automatically
terminate upon termination of this Agreement.
E. OTHER PROVISIONS:
No Compensation from JPS. Members of the Faculty and staff of SCHOOL will perform their duties
and activities as part of the PROGRAM of SCHOOL. Consequently, no compensation or payment of
any kind is due or payable to such members of the Faculty and staff of SCHOOL by JPS for such duties
and activities performed as part of the PROGRAM. Activities performed by Students under and
pursuant to this Agreement are considered to be educational in nature, and Students are volunteer
trainees who have no expectation of receiving compensation or future employment from JPS. Students
shall not receive any financial compensation from JPS for the Students' participation in the Clinical
Education Experience. The payment of any salary, stipend, and/or other financial benefit to a Student
or Faculty Member, if any, will be the sole responsibility of the SCHOOL, and SCHOOL shall be solely
responsible for complying with applicable laws governing the tax and other obligations and
consequences, if any, arising from the payment of such salary, stipend, and/or other financial benefit.
2. No Student Authoritv or Independent Responsibility. This Agreement shall not create nor confer on a
Student any explicit or implied agency relationship with JPS. Students shall have no (i) implied or
apparent authority to act on behalf of JPS or (ii) independent health care responsibilities for JPS's
patients, and shall not be considered as ostensible agents, independent health care providers, patients'
advocates, JPS's employees or agents, or individuals practicing in an extended role pursuant to the terms
of this Agreement. There is no employer/employee relationship between JPS and Students.
Non -Disclosure. SCHOOL shall not disclose and shall prohibit the disclosure by Students or Faculty
of any information relating to the specific terms of this Agreement, or of JPS's hospital operations, or
any privileged information relating to JPS's patients, to persons or organizations other than authorized
members of JPS's medical staff, state licensing boards, third party reimbursement agencies,
professional peer review organizations and insurance carriers or legal representatives, without the prior
written consent of JPS or pursuant to duly issued court process or orders.
4. Dru2 Free and Tobacco Free Workplace. JPS is a drug free and tobacco free work place. All Students
and Faculty shall comply with JPS's substance abuse and tobacco policies, and JPS reserves the right
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to terminate the Clinical Education Experience of a Student or to require SCHOOL to remove a Student
or Faculty Member from the Clinical Education Experience if there is a violation of JPS Policies, a
positive drug screen test or a refusal by a Student or Faculty Member to take a drug screen test upon
reasonable suspicion that the Student or Faculty Member has violated JPS's substance abuse policies.
5. Non-exclusivitv. This Agreement is non-exclusive and SCHOOL and JPS have the right to enter into
similar agreements with other institutions.
6. Notices. Service of all notices, requests, demands, and other communications required, provided for,
and permitted by this Agreement, shall be given to the respective Parties in writing either by (a) actual
delivery (e.g., personally, or by commercial courier service), or (b) United States Postal Service
registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties as
follows:
TO JPS:
Tarrant County Hospital District
d/b/a JPS Health Network
Attn: Manager of Clinical Experience
1500 S. Main Street
Fort Worth, TX 76104
Phone: 817-702-7051
Fax: 817-702-1668
E-mail: i)scec(&Ji)shealth.ora
II fiRiO 0191A
ATTN: Gina Nix
Fort Worth Fire Department EMT Training Academy
EMS Education
509 W. Felix St
Fort Worth, TX 76115
Phone: 817-392-6874
E-mail: aina.nixafortworthtexas.aov
w/Copy to City Attorney's Office
100 Fort Worth, Trail 76102
Such notices or communications shall be deemed to have been received (i) if by actual delivery, on the
date of receipt by the Party, or (ii) if by mail, on the second day on which mail is delivered following
the date of deposit in the United States Postal Service addressed to the respective representatives of
each Party as set forth above or to such other persons or places as either Party may from time to time
designate by written notice to the other Party.
7. Texas Public Information Act. SCHOOL and JPS acknowledg that each is a governmental body under
Chapter 552 of the Texas Government Code, commonly referred to as the Texas Public Information
Act ("TPIA"), 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 TPIA request. SCHOOL and JPS
hereby assume full responsibility for challenging any requests for information it considers confidential
under the TPIA. Each party agrees to notify the other of any TPIA requests that seek disclosure of
potentially confidential information under this Agreement; however, failure to notify by either Party
shall not be deemed a material breach of this Agreement.
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8. Confidentialitv/HIPAA. SCHOOL and JPS acknowledge that JPS 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 federal 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 are 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. SCHOOL shall direct its Students and Faculty, placed with JPS pursuant to this Agreement,
to comply with JPS's Policies regarding maintaining the confidential nature of all Protected Health
Information (PHI) which they may receive while participating in the Clinical Education Experience,
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 JPS's protected health information, such Students are defined
as members of JPS'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 JPS. SCHOOL does not consider itself a "Business Associate" as defined in HIPAA;
however, SCHOOL, its agents, Faculty, staff, employees, and Students will comply with confidentiality
and security guidelines as stipulated in HIPAA and the HITECH Act. SCHOOL and its agents, Faculty,
staff, employees, and Students shall keep strictly confidential all confidential information of JPS and/or
its patients and shall not disclose or reveal any confidential information to any third party without the
express prior written consent of JPS.
9. No Waiver of Immunity. JPS and SCHOOL are each a political subdivision of the State of Texas and
under the constitution and laws of the State of Texas possesses certain rights and privileges, is subject
to certain limitations and restrictions, and only has such authority as granted to it under the constitution
and laws of the State of Texas. Notwithstanding any other provision of this Agreement, nothing in this
Agreement is intended to be nor shall it be construed to be a waiver of the sovereign immunity of the
State of Texas, or the governmental immunity of JPS and SCHOOL as a political subdivision thereof,
nor a prospective waiver or restriction of any rights, remedies, claims and privileges of the State of
Texas, JPS, or SCHOOL as a political subdivision thereof.
10. Governin2 Law and Venue. 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. Use of Name; Advertising. Neither Party shall use the other's corporate or business name, trade mark,
service mark, or logo, or any identifier which is reasonably likely to suggest that the two Parties are
related, without first obtaining the written consent of the other Party.
12. Assignment Prohibited. No Party to this Agreement may assign this Agreement without the prior
written consent of the other Party.
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13. Waiver. 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. Parties Affected. 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.
15. Attornev's Fees and Costs. If either Party brings an action against the other Party to enforce any
condition or covenant of this Agreement, each Party shall be individually responsible for its own court
costs and attorney's fees.
16. Severability. 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. Each invalid provision shall be
revised only to the extent necessary to bring it within the requirements of any applicable law, regulation,
or order.
17. Subiect Headings. The subject headings of the sections, paragraphs, and subparagraphs of this
Agreement are included herein solely for the purposes 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. Relationship of the Parties. None of the provisions of this Agreement are intended to create, and none
shall be deemed or construed to create, any relationship between the Students, individually or
collectively, and JPS or between the Parties to this Agreement, other than that of independent
contractors. This Agreement shall not create the relationship of employer -employee, agency,
partnership, or joint venture between the Parties or between any Student and JPS. Neither Party shall
have the right or power in any manner to unilaterally obligate the other to any third party, whether or
not related to the purpose of this Agreement.
19. Force Maieure. Neither Party shall be liable or deemed to be in default for 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, pandemics/epidemics, or
any similar cause beyond the reasonable control of the Parties.
20. Entire Agreement. This document constitutes the entire agreement between the Parties and supersedes
all prior agreements, proposals, communications and understandings, if any, relating to the subject
matter hereof.
21. Modification. 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 an
individual duly authorized by the governing board of the respective Parties.
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Docusign Envelope ID: 5E8F69F5-C279-4AF1-879E-F2DDA2DFCDFB
22. Binding Agreement. 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.
23. Countemarts. This Agreement may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original, and all of which shall, for all purposes, constitute one and the same
instrument.
Remainder of page intentionally blank. Signatures on following page.
Page 11 of 14
Docusign Envelope ID: 5E8F69F5-C279-4AF1-879E-F2DDA2DFCDFB
JPS:
TARRANT COUNTY HOSPITAL DISTRICT
d/b/a JPS Health Network
5,100,
cuSigned by:
By: I%0{f, h. V.
Name "MM°C3Mott, MD, FAAFP
Title: Sr. Vice President, Medical, Academic, and Research Affairs
Chief Academic Officer, Designated Institutional Official
Date: 04/16/25 1 4:35 PM CDT
Page 12 of 14
Docusign Envelope ID: 5E8F69F5-C279-4AF1-879E-F2DDA2DFCDFB
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City of Fort Worth:
By: William Johnson (Ayr 21,202512:11 CDT)
Name: 46Him"h f,
Title: Assistant City Manager
Date: Apr 21, 2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
���
By:
James Davis (Apr 20, 202517:16 CDT)
Name: Jim Davis
Title: Fire Chief
Approved as to Form and Legality
By:
Name: Taylor C. Paris
Title: Assistant City Attorney
Contract Authorization:
M&C:
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
,u //,'&
B
y•
Name: Raymond Hill
Title: Assistant Fire Chief
o° wooFoRp.aCity Secretary: eF.ko9a
o
�a
Pvo �=0
Opp*oo ooe*�a
A .,�Qexu p°nnb�zo544b
By: (J
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 13 of 14
Docusign Envelope ID: 5E8F69F5-C279-4AF1-879E-F2DDA2DFCDFB
EXHIBIT "A"
THIS AGREEMENT COVERS THE FOLLOWING PROGRAMS:
Emergency Medical Technician
Page 14 of 14