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HomeMy WebLinkAboutContract 63450CSC No. 63450 CITY OF FORT WORTH CLINICAL AFFILIATION INTERLOCAL AGREEMENT This Clinical Affiliation Agreement ("Agreement") is made between the City of Fort Worth ("Fort Worth"), a home -rule municipal corporation organized under the laws of the state of Texas, and Tarrant County College District ("School"). Fort Worth and School are each a "Party" and collectively the "Parties" to this Agreement. WHEREAS, Fort Worth, by and through the Fort Worth Fire Department, provides regulated prehospital emergency medical services ("EMS") and emergency ambulance transportation ("EMS System") to the public within its jurisdiction and of those jurisdictions who have executed an EMS Interlocal Agreement with Fort Worth; WHEREAS, School has an EMS Program ("Program") that provides its student ("Students" or "Student") with academic and clinical experiences; WHEREAS, School desires for Fort Worth, as a licensed EMS Provider, to provide the Students with suitable clinical experience consistent with School's curriculum and assist with clinical teaching and supervision of Students in the Program ("EMS Clinical Experience"); and WHEREAS, the purpose of this Agreement is to state the terms and conditions under which Fort Worth will cooperate with School to promote the success of the Program and provide clinical experiences for the Students. NOW THEREFORE, known by all these present, Fort Worth and School, acting herein by the through their duly authorized representatives, agree to the following terms: I. RESPONSIBILITIES OF SCHOOL School shall: 1.1 Plan the educational activities for the Student's clinical experience at Fort Worth after consultation with and approval by Fort Worth's Medical Director, or their designee (the "Medical Director"). 1.2 Provide qualified teachers from School to teach the pre -requisite core curriculum and support courses in the Program; 1.3 Provide administrative functions for each Student in the Program. 1.4 Provide a faculty member to be available for consultation at all times Students are at Fort Worth and to supervise Students participating in the Program. 1.5 Instruct Students to abide by Fort Worth's patient care policies and guidelines. Information regarding Fort Worth's applicable policies and guidelines will be available at the time of student orientation at Fort Worth. OFFICIAL RECORD Clinical Affiliation Interlocal Agreement CITY SECRETARY Page 2 of 11 FT. WORTH, TX 1.6 If applicable, provide Fort Worth with the appropriate forms to be used in evaluating the performance of Students in the Program. 1.7 Require Students to comply with the regulatory and accreditation standards provided by the Fort Worth at the time of student orientation at Fort Worth. 1.8 Ensure each student has current immunizations, including: Influenza, Hepatitis B, MMR, TDAP, Varicella (or titer), and provide Fort Worth proof if requested. 1.9 Confirm Students have been tested for tuberculosis within one (1) year of commencement of the Program and are tested at least annually while participating in the Program and provide evidence of such testing and the results to Fort Worth prior to commencement of the Program or upon request of Fort Worth thereafter. 1.10 Confirm Students have been instructed in Standard Precautions, as recommended and defined by the Centers for Disease Control and Prevention (CDC), and completed a Basic Life Support cardiopulmonary resuscitation course prior to the beginning of the Program and provide evidence of such confirmation to Fort Worth prior to commencement of the Program or upon request of Fort Worth thereafter. 1.11 Confirm Students have been instructed in HIPAA privacy law standards and have successfully completed any training required by Fort Worth prior to participating in clinical experiences at Fort Worth. 1.12 Provide to Fort Worth, at least two (2) weeks prior to commencement of the Program, a letter outlining the needs of Students, days and hours Students will be on patient units or service areas, names of Students and supervising faculty members, length and dates of clinical experience. 1.13 Consider promptly any complaints made by Fort Worth against a Student and participate in joint problem solving. Patient safety and welfare shall be the primary concern. Student issues will be documented by Fort Worth and provided to the designated faculty member and/or other representative of School. The Medical Director, in their sole discretion, may require permanent withdrawal of any Student from the EMS Clinical Experience at any time for cause. 1.14 Comply with Fort Worth's substance abuse policies, and, at Fort Worth's request, remove any Student or faculty member from the Program if there is reasonable suspicion that the Student or faculty member has violated Fort Worth's substance abuse policies. 1.15 Verify that a background evaluation, including a criminal background history in all fifty (50) states, has been performed on each Student, and verify that there are no negative findings for each Student prior to commencing any assignment at an EMS Clinical Experience. For purposes of this Agreement, a criminal background history shall include any felony conviction within the last ten (10) years. For purposes of this Agreement, a background evaluation shall include the last ten (10) years and all counties (in Texas and outside of Texas) in which the Student has been a resident of or employed in. Clinical Affiliation Interlocal Agreement Page 3 of 11 1.16 Ensure that each Student and faculty member at all times while at an EMS Clinical Experience wears a name tag, badge, or other identifying label that clearly states the Student or faculty member's identity and the name of the School. II. RESPONSIBILITIES OF FORT WORTH Fort Worth shall: 2.1 Provide reasonable cooperation to promote success of the Program. 2.2 Provide equipment and supplies which are necessary for clinical care by Fort Worth, unless otherwise specified in writing for a special requirement such as personal protective equipment. 2.3 Provide suitable clinical experience situations as prescribed by the curriculum provided by School. 2.4 Assist with clinical teaching and supervision of an agreed upon number of Students in the Program. 2.5 Upon request by School, formally evaluate performance of Students in the Program using the form provided by School; 2.6 Retain responsibility for patient care; 2.7 Reserve the right to determine the manner in which its equipment shall be operated; 2.8 To the extent allowed by law, assume no professional or financial liability for injury to Students or faculty except that which might occur as a member of the public, unless due to Fort Worth's sole negligence or gross misconduct; and 2.9 Provide access to acute emergency care at Student's expense in the event of an accident or injury to a student on Fort Worth's property. III. RESPONSIBILITIES OF FORT WORTH AND SCHOOL Fort Worth and School shall: 3.1 Agree upon the number of Students to be placed with the EMS Clinical Experience for clinical rotations prior to the beginning of each School semester in which Students are assigned to and accepted by Fort Worth; 3.2 Agree on a schedule and provide an orientation of faculty and Students to the EMS Clinical Experience and assigned units. Clinical Affiliation Interlocal Agreement Page 4 of 11 3.3 Comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. IV. TERM 4.1 This Agreement will be effective upon execution by Fort Worth's Assistant City Manager and will expire on September 30 of the next fiscal year of Fort Worth, unless terminated earlier in accordance with the terms and conditions of this Agreement. This Agreement may be renewed by the written, mutual, agreement of the Parties for an unlimited number of one-year renewals, each a "Renewal Term." V. TERMINATION 5.1 Convenience. Either Fort Worth or School may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 5.2 Breach. If either party commits a material breach of this Agreement, including but not limited to the School failing to pay to Fort Worth any amount due hereunder, the non -breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non -breaching party, or other time frame as agreed by the parties. If the breaching party fails to cure the breach within the stated period, the non -breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 5.3 Duties and Obligations of the Parties. Upon termination of this Agreement for any reason, School shall provide Fort Worth with copies of all completed or partially completed documents prepared under this Agreement. In the event School has received access to Fort Worth information or data as a requirement to perform services hereunder, School shall return all Fort Worth provided data to Fort Worth in a machine-readable format or other format deemed acceptable to Fort Worth. VI. HIPAA and FERPA 6.1 It is the intent of the parties to comply fully with the Health Insurance Portability and Accountability Act, Texas Health and Safety Code Chapter 181, and implementing regulations issued pursuant thereto (collectively "HIPAA" herein). The parties agree that protected health information (hereinafter referred to as "Protected Health Information" or "PHI") is subject to protection under HIPAA, and it is the intent of the parties to be in full compliance with, state and federal law, including applicable provisions of HIPAA, the Health Information Technology for Economic and Clinical Health Act ("HITECH") its related regulations, and all applicable state privacy and security laws related to access of PHI by the Parties. To the extent that the services performed under this Agreement are determined to be performing a transaction subject to HIPAA or the HITECH Act, the Business Associate Agreement shall control. Clinical Affiliation Interlocal Agreement Page 5 of 11 6.2 Each party shall implement and maintain such safeguards as are necessary to ensure that the PHI is not used or disclosed except as is provided in this Agreement and any referenced documents, including the Business Associate Agreement. 6.3 Fort Worth represents and warrants that it will protect the privacy of students' educational records in compliance with the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.0 § 1232g and 34 CFR Par 99) ("FERPA") and to the extent allowed by law will indemnify, defend, and hold harmless School from any loss, damage, cost, expense, or cause of action School may suffer or incur as a result of a breach by Fort Worth of any provision of FERPA. Fort Worth's indemnification obligation, as provided by this section, shall apply only to losses directly resulting from Fort Worth's willful misconduct or gross negligence in complying with FERPA, and shall not extend to losses caused by the actions or omissions of School or third parties. The above notwithstanding, this provision shall not be construed to require Fort Worth to establish or maintain a sinking fund or similar financial reserve, and the parties acknowledge and agree that Fort Worth shall have no such obligation. VII. STATUS OF STUDENTS 7.1 School and Fort Worth understand and agree that while faculty and Students are participating in the Program, faculty and students are not employees of Fort Worth. Accordingly, faculty and Students are not entitled to any of the rights or benefits established for Fort Worth's employees, such as salary, vacation, sick leave with pay, paid holidays, insurance, and/or worker's compensation coverage. Further, nothing herein shall be construed as creating a partnership or joint venture between School and Fort Worth, its officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between the School and Fort Worth. VIII. NOTICE 8.1 Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives; or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO FORT WORTH: TO SCHOOL: City of Fort Worth Tarrant County College District - Northeast Attn: Medical Director Attn: Vice President of Academic Affairs 100 Fort Worth Trail 828 W. Harwood Road Fort Worth TX 76102 Hurst, TX 76054 With Copy to the City Attorney at same address IX. INSURANCE Clinical Affiliation Interlocal Agreement Page 6 of 11 School must provide Fort Worth with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 9.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 — Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by School, or its employees, agents, or representatives while providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (b) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (c) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement of the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to Fort Worth to evidence coverage. 9.2 General Requirements (a) The commercial general liability and automobile liability policies must name Fort Worth as an additional insured thereon, as its interests may appear. The term Fort Clinical Affiliation Interlocal Agreement Page 7 of 11 Worth includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of Fort Worth. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to Fort Worth. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to Fort Worth in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of Fort Worth to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that School has obtained all required insurance will be delivered to Fort Worth prior to Fort Worth proceeding with any MIH Services pursuant to this Agreement. X. GENERAL PROVISIONS 10.1 Governmental Powers. It is understood and agreed that by execution of this Agreement, neither Fort Worth nor School waives or surrenders any of its governmental powers or immunities. 10.2 No Waiver. The failure of Fort Worth or School to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of Fort Worth's or School's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10.3 Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 10.4 Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 10.5 Force Maieure. Fort Worth and School shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any Clinical Affiliation Interlocal Agreement Page 8 of 11 delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems, restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the Fort Worth's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 13 above. 10.6 Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 10.7 Review of Counsel. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 10.8 Amendments. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument and duly executed by an authorized representative of each party. 10.9 Entiretv of Agreement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between Fort Worth and School, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 10.10 Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 10.11 Signature Authority. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Clinical Affiliation Interlocal Agreement Page 9 of 11 10.12 Electronic Signatures. This Agreement maybe executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. [Signature Page Follows] Clinical Affiliation Interlocal Agreement Page 10 of 11 ACCEPTED AND AGREED: FORT WORTH: W-� By: William hnson (Jun 13, 202516:14 CDT) Name: Title: Assistant City Manager Date: 06/13/2025 APPROVAL RECOMMENDED: By: James Davis (Jun 13, 2025 14:43 CDT) Name: Title: Date: ATTEST: non FF...... °ad * p dp ,� 00 0,�. By: oeo a°IlnusEzasa Name: Jannette Goodall Title: City Secretary Date: SCHOOL: Soma 5Yown By: Sonya BrYwn (Jun 11, 2025 19:43 CDT) Name: Dr. Sonya Brown Title: Interim Vice President of Academic Affairs Date: 06/11 /2025 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. By: Name: Raymond Hill Title: Date: APPROVED AS TO FORM AND LEGALITY: B y: Name: Taylor Paris Title: Assistant City Attorney Date: CONTRACT AUTHORIZATION: M&C: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Clinical Affiliation Interlocal Agreement Page 11 of 11 WBL Department Internal Educational Experience Agreement/Amendment DOCUMENT TITLE: City of Fort Worth_EMS_Unique_Agrmnt_2025 EDUCATION AFFILIATION AGREEMENT/AMENDMENTS/OTHER Location: NE NADM 1203 / Phone Contacts: 817-515-6569 EDUCATION EXPERIENCE AGREEMENT/AMENDMENT OVERVIEW Date Submitted:5/29/2025 Requested Return Date:6/11/2025 Agreement/Amendment Start Date:6/1/2025 Program(s) of Study: EMS Campus(es): Northeast Clinical Site: City of Fort Worth — Fort Worth Fire Department Unique Clinical Affiliation Tnterlocal Agreement Page 1 of 11