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HomeMy WebLinkAboutFranklin County Fire District No. 3 - EMS Clinical Experience AgreementHEALTH AGENCY AGREEMENT FOR PROVISION OF CLINICAL EXPERIENCE FOR FRANKLIN COUNTY FIRE PROTECTION DISTRICT #3 This agreement is by and between the City of Pasco (hereinafter referred to as the PFD) whose address is 525 North Third Ave, Pasco, WA 99301 and Franklin County Fire Protection District #3 (hereinafter referred to as FCFPD3) whose address is 7809 North Road 36, Pasco, WA 99301. WHERE AS, FCFPD3 has developed a curriculum in EMT, AEMT, and Paramedic, which requires that its members receive clinical educational experience in healthcare delivery as part of their professional preparation. WHERE AS, the PFD has an interest in, and resources for, providing clinical education in healthcare delivery consistent with FCFPD3's requirements. WHERE AS , the parties recognize that the PFD is a healthcare provider with a primary mission of quality care, treatment and comfort of patients, and that education programs shall be carried out with this primary objective in mind, and WHERE AS, the parties desire that FCFPD3 members use the facilities, equipment and personnel of the PFD for clinical educational experience. NOW THEREFORE , in consideration of the mutual promises contained herein, the parties agree as follows: 1. Nature of the program A . The training provided at the PFD as part of FCFPD3's program in EMT, AEMT, and Paramedic, will provide members with clinical contact with patients of the PFD. Members of the PFD will provide supervision of members for clinical and non-clinical activities performed inside of the PFD . The identification of the personnel supervision for the PFD and FCFPD3 shall be decided upon at the beginning of the rotation by representatives of the PFD and FCFPD3 . There is no real or personal property involved in this Agreement. 2. Responsibilities of the PFD A. The parties understand and agree that the PFD shall have complete control over the care of patients involved in this clinical education program. The PFD has the right to determine which patients the members will work with, and this right includes the right to cancel any scheduled involvement with any particular patient. B. Participating patients in the clinical education program shall be voluntary. Patients participating in the program shall be advised by the PFD of the member's status as members of FCFPD3, rather than employees of the PFD. C. Since the members have direct contact with the PFD patients, in no case will the members direct the particular care to be given to the patients, and such contact by members with patients shall be under the supervision of the PFD staff. D. The administration of health care at the PFD shall be the responsibility of and under the control and supervision of the faculty. The PFD shall retain full responsibility for the care of its patients/clients and maintain administrative responsibility for their care. The members and faculty shall carry out the directions of the PFD staff. PFD shall advise FCFPD3 of any changes in its personnel, operations or policies, which may affect the clinical experience. E. The PFD agrees to provide such space and facilities necessary to carry out the clinical educational experience for FCFPD3 members. The PFD shall indicate the hours during which such facilities and equipment are available to members under this program. F. Members and faculty sha ll be subject to PFD policies and procedures, and applicable department rules and regulations, including, but not limited to, those relating to confidentiality of patient, PFD, and PFD records and information. The PFD will make such applicable policies and procedures known to the members and faculty at the orientation session, or at the beginning of the course, as the case may be, and during the term of the course, as such policies and procedures change, or as others become applicable. G. The PFD and FCFPD3 agree on the attendance requirements of members and the faculty will notify the department where they are scheduled if a member will be absent from scheduled clinical sessions. The PFD and FCFPD3 shall establish dress code and member and faculty identification requirements. Each member will wear FCFPD3 photo identification while in the clinical environment. H. The Staff parking policy of the PFD applies to members. I. The PFD reserves the right to determine the unacceptability of a member to the PFD, for failure to observe applicable policies, procedures, rules, regulations, or the instructions of directives of PFD supervisors, or for other reasonable cause related to the need for maintaining an acceptable standard of patient care and consistent with applicable laws. Upon such a determination of unacceptability, the member will be removed from the clinical area. The PFD will immediately notify FCFPD3 of such action. J. The PFD shall have the right to terminate the use of its facilities for any member or faculty member where regulations, procedures or policies violations occur. Such action will not normally be taken until the grievance against any faculty member or member has been discussed with appropriate representative of FCFPD3. The PFD reserves the right to take immediate action, where necessary, to preserve safety and reputation, and to maintain its operations free from disruption. K. Members are subject to drug testing, for cause, but will not be screened as a condition of, or for clinical experience. L. PFD may perform audits to insure compliance of FCFPD3 in maintaining documentation required by regulatory and accreditation agencies. M . At the discretion of the PFD, the members may participate in continuing education programs conducted for the PFD staff. 3. FCFPD3 Responsibilities A. FCFPD3 shall, in advance, provide the PFD with a statement of objectives for the clinical program and with a description of the type of clinica l experience desired. B. FCFPD3 shall provide the PFD with advance listings of the names of members assigned t o the clinical program. C. FCFPD3 shall provide pre-clinical instruction to each member, in accordance with standards mutually agreeable to FCFPD3 and PFD, and shall present for clinical experience at the PFD only those members who have satisfactorily completed the pre- clinical instructional program. Standards for clinical shall include, but not be limited to: current Basic Life Support Hea l thcare provider status, and successful completion of pre- clinical courses provided by FCFPD3; approval of the program director for clinical education experience. D. FCFPD3 shall maintain for four (4) years educational records and reports relating to the education program completed by members at the PFD, and the PFD shall have no responsibility respecting the same other than those agreed upon reports from clinical supervisors which are necessary to FCFPD3's monitoring of member progress. The PFD shall refer all requests for information respecting such records to FCFPD3. FCFPD3 agrees to comply with all applicable statutes, rules, regulations respecting the maintenance of and release of information from such reports. The PFD is subject to the Washington Public Records Act, and to the extent that such applies to records within the possession of FCFPD3, FCFPD3 shall promptly provide such requested records together with any claim of exemption . E. FCFPD3 has the right to discipline members and to enforce the rules of FCFPD3 during the clinical experience, insofar as such rules are not inconsistent with the policies and procedures of the PFD, and so long as such discipline and enforcement does not interfere with patient care and comfort. FCFPD3 shall have full responsibilit y for the conduct of any member disciplinary proceedings and shall conduct the same in accordance with all app l icable statutes, rules, regulations, and case law. F. FCFPD3 shall provide a Safety Training Program to each member at the time of assignment consistent with applicable OSHA and CDC regulations concerning "Occupational Exposure to Bl oodborne Pathogens". The training program will include information about blood borne pathogens diseases, pathogens, Exposure Control Plan, Hazard Communication Program, an d Basic Life Support Certification. G. FCFPD3 shall maintain records as required and applicable to post-exposure follow-up requirements for FCFPD3. • FCFPD3 shall purchase and maintain such insurance as is necessary during the term of this Agreement to protect the PFD against claims, which may arise out of or results from the actions of FCFPD3, its instructors, members or supervisors, which shall name the PFD as an additional insured providing proof of such insurance in the fol lowing l imits. • Professional Liabil ity Insurance, covering the faculty and member s, which coverage shall be in the amounts of not less than $1,000,000 per occurrence or $3,000,000 in the aggregate. FCFPD3 shall provide PFD with a copy of the liability insurance certificate. • Comprehensive general liability insurance, covering the faculty members, if any, and members which coverage shall be in the amounts not less than $1,000,000 per occurrence of $3,000,000 in aggregate. H. FCFPD3 shall ensure each member is covered by professional liability insurance in the amounts not less than $1,000,000 per occurrence or $3,000,000 in the aggregate. • Members and faculty shall comply with the pol i cies and procedures of the train i ng site, includ i ng th o se accred itations agencies of the PFD . I. FCFPD3 shall be respons i b le for completing required documentation pri or to members being placed at the Site, including : • Pro cessing a Washington State Patrol cri minal background che ck; • Criminal Di sclosure Statement signed by the member; • Confidentiality Agreement signed by the member; • Documentati on of required l aboratory work; • Completion of independent study packet "Annua l Member Orientation & Safety Packet"; • Documentati on of immune/vaccination status of Hepatitis B, measles, mumps, rubel l a, varicella, and pertussis; • Member Participation Agreement; • Train i ng on HIPPA regulations and competencies as verified by post- test; • Current CPR and EMS provider cards J. FCFPD3 will reta i n r esponsibil ity of personal and career guidance and counseling of its members. 4. Notice Any "notice" and/or "notification" required to be given by either PFD or FCFPD3 in connection with and/or under the terms of this Agreement shall be provided i n writing and considered effective from the date of verified receipt . This verification can be accomplished by overnight express mail (e.g. Federal Express, A i rborne Express) or cert ified/registered ma il to the applicable party's address and contact information as specified below: Franklin County Fire Protection District #3 Chief Mike Harris 7809 North Road 36 Pasco, WA 99301 5. Status of the Members in the PFD Pasco Fire Department Chief Robert Gear 1011 E. Ainsworth Ave. Pasco, WA 99301 The members assigned to this clinical program shall be cons i dered members of FCFPD3 and shall not be considered employees of the PFD , and thus, sha l l not receive compensati on, nor be covered by the PFD employee benefits. It is not the i ntent of FCFPD3 to rep l ace PFD personnel with members. Members will be required to sign a Member Participation Agreement, agreeing to observe applicable policies, procedures, rules, regulations, and instructions and directives of PFD supervisors, and acknowledgment that they are not empl oyees of the PFD, for the purposes of compensation, benefits, workers' compensation, unemployment compensation, income tax withholding, Social Security, or any other purpose. This Provision shall not be deemed to prohibit the employment of any such member by the PFD under separate employment agreement. FCFPD3 shall keep records of each member's compliance with Section 111, subparagraph G, H, I, and J, as listed above. 6. Mutual Responsibilities of PFD and FCFPD3 It shall be the mutual responsibility of the PFD and FCFPD3 , as managed by the Fire Chiefs, to: A. Plan for Member placement at the PFD. B. Establi sh the educational objectives for the clinical education experience devise methods for their implementation and continually evaluate to determine the effectiveness of the clinical e xperience. C. To assume responsibility for any acts of their employees, officers, and agents. D. Make no distinction among members covered by the Agreement, on the basis of race, color, sex, creed, age , sexual orientation, religion, disability, national origin or veteran status. For the purposes of this Agreement, distinction on the grounds of race, color, sex, creed, age, sexual orientation, religion, disability, national origin or veteran status include, but are not limited to, the following: Denying a member any service or benefit which is different or is provided in a different manner or at a different time from that provided to other members under this Agreement; Subjecting a member to segregation or separate treatment in any manner related to receipt of any advantage or privilege enjoyed by others receiving any service or benefit; Treating a member or potential member differently from others in determining whether they satisfy any admission enrollment quota which individuals must meet in order to be provided any service or benefit. 7 . Confidentiality of Information PFD's policies, procedures, manuals, materials, programs, advertising, marketing, and other such materials are proprietary to PFD and shall be maintained by FCFPD3 and FCF PD3's members in confidence. Proprietary information does not include infor mation: A. Generally available to the public other than as a result of a breach of confidentiality; B. Becomes available on a non-confidential basis from a source other than PFD, which is not bound by a confidentiality agreement; or C. Which is required to be disclosed by law. Proprietary information shall only be used in conjunction with the provision of services by members to PFD under this Agreement. No proprietary information shall be copied or provided to any third party without prior written consent of PFD . Upon termination of this Agreement, FCFPD3 and/or member shall promptly return to PFD all proprietary information in it's possession. Members shall not disclose information relating to patients, except in accorda n ce with PFD's policies and applicable law. 8. Indemnification FCFPD3 shall defend, indemnify and hold PFD, its directors, officers, members and employees harmless from and against any and all claims, demands, liabilities, damages, expenses (including attorney fees) for injury to persons or damage to property caused or asserted to have been caused by any and all acts or omissions of the State of Washington, FCFPD3 and its agents, commissioners, servants, employees, faculty, and members or others under the direction of FCFPD3 and/or its agents including claims of negligence and of whatever nature, which may arise out of the performance under this Agreement. This indemnity agreement specifically applies, but is not limited to, those situations wherein it is claimed that PFD is vicariously liable for said acts. FCFPD3 will defend, indemnify, and hold the PFD harmless from any all claims and costs arising from a determination of unacceptability of a member or from any unfavorable evaluation of a member by the PFD in accordance with the standards set forth in paragraph 2 above, provided that the PFD shall promptly notify FCFPD3 of any such claim, provided FCFPD3 with an opportunity to defend and provide FCFPD3 with all reasonable assistance, except financial, in making such defense. PFD shall indemnify and hold the State of Washington, FCFPD3 and its agents, servants, employees, faculty and members harmless from and against any and all claims, demands, liabilities, damages, expenses, (including attorney fees) for injury to persons or damage to property caused or Asserted to have seen caused by any and all negligent acts of PFD, its agents, servants or employees, But that its immunity does not apply to conduct of PFD employees whiles acting pursuant to the instruction of FCFPD3 , or its agents. 9 . Term of Agreement and Termination A . The term of this agreement sha ll commerce on January 1, 2018 and be effective until December 31, 2018 and shall renew each year thereafter until termination by either party pursuant to this section. B. Termination. This Agreement may be terminated, by either party, with or without cause, upon one hundred and twenty (120) days written notice. 10. Waiver The failure of either PFD or FCFPD3 to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver of such provision or of any other provision. 11. Validity of Terms If any term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provision of this Agreement shall not be affected thereby. PFD shall not be deemed to be in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control and including, without limitation, acts of God, the elements, regulations of federal, state or local government or any agency thereof. 12. Changes in Law If at any time during the term of this Agreement applicable state or federal statutes or regulations are amended or revised in such a manner as to require modification of the terms and conditions of this Agreement, this Agreement shall be deemed to be automatically amended to conform to the requirements of such statutes or regulations. If there occur interpretations, implementations or enforcement of such statutes (collectively "Interpretations"), which make it impossible or impractical for either party to carry out some o r all of the terms of this Agreement, this Agreement shall be automatically amended to conform to the requirements of such interpretations provided the party which believes such lnterpretation(s) make it impossible or impractical for it to carry out some or all of the terms of this Agreement has: A . Made a good faith determination that such interpretation(s) make it impossible or impractical for it to carry out some or all of the terms of this Agreement; B. Has notified the other party of the specific provisions of this Agreement which it feels are impossible or impractical for it to carry out and the reason(s) for making that determination; and C. Has attempted, in good faith during the ninety (90) days following the giving of such notice to negotiate with the other party terms, which will eliminate modify o r amend the terms of this Agreement, which are in conflict with such interpretation(s). 13. Non-Exclusive Agreement It is understood and agreed that this Agreement is not exclusive, and that the PFD has the right to enter into similar agreements and arrangements with other educational institutions for the same or similar clini cal educational programs and experience. 14. Autonomy Nothing in this Agreement shall in any way alter the autonomy of each of the parties, and each shall have complete control over its institution and operation, except as agreed to in this Agreement. This is not a joint venture for the profit of either party. The parties shall be considered as independent contractors with respect to each other and neither shall be the agent of the other in carrying out any particular aspect of this Agreement. 15. No Compensation There shall be no monetary compensation paid by either party to the other. 16. Nondiscrimination Clause The parties each specifically agree that each will carry out this Agreement in compliance w ith antidiscrimination laws, which may be applicable to their respective activities under this Agreement. No provision of this Agreement shall prevent any patient from refusing to be a teaching patient or refusing treatment by members of the opposite sex . No provision of this Agreement shall prevent any member of the PFD Medical Staff from designating any patient as a non-teaching patient. 17. Resolution of Patient Care Disputes It is agreed by the parties that the PFD shall have final decision on all disputes or questions involving patient care, treatment, and comfort. 18. Amendments No amendment or modification to this Agreement, including any amendment or modification of this paragraph shall be effective unless the same is in writing signed by the party to be charged. 19 .. General Provisions A. Successors and Assigns . Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by either of the parties without the prior written consent of the other party. Any purported assignment or delegation of this Agreement without such consent shall be null and void. This Agreement is binding upon and inures to the benefit of the parties hereto and their permitted successors and assigns. B. Cost of Relief. In the event that either party to this Agreement breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to recover from the breaching party all costs and expenses (including, without limitation, reasonable attorney's fees and expenses and court costs) incurred by the non-breaching party in enforcing the provisions of this Agreement including reasonable costs and expenses incurred at trial and on appeal. C. Parties in Interest. Nothing in this Agreement whether express or implied, is intended to, nor does it, confer any rights or remedies on any persons other than the parties to it and their respective permitted successors and assigns . D. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute one instrument. E. Regulatory Requirements. The parties expressly agree that nothing contained in this Agreement shall require FCFPD3 or representatives to refer to admit any patients to, or order any goods or services from Pasco Fire Department. Notwithstanding any unanticipated effect of any provisions of this Agreement, neither party will knowingly or intentionally himself/herself in such -a-manner as to violate the prohibition against fraud and abuse in connection with Medicare and Medicaid programs (42 US Section 1230- 7b). F. Venue. The venue of any action arising out of this Agreement shall be in Franklin County, Washington. G. Governing Law. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Washington. H. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters contained herein, and supersedes all prior proposals negotiations, representations and other communication between the parties. I. Section Headings. The headings of sections or paragraphs in this Agreement are for reference only and shall not affect the meaning of this Agreement. J. Survival. FCFPD3 and PFD expressly intend and agree that the indemnification insurance premiums of this Agreement will survive the termination of this Agreement for any reasons. IN WITNESS WHEREOF, the parties have signed this Agreement by their duly authorized representatives , all necessary approvals of each institution having been obtained. FRANKLIN COUNTY FIRE PROTECTION DISTRICT #3 PASCO CITY MANAGER llkk/cLL Mike Harris, Fire Chief