HomeMy WebLinkAboutEMS University Affiliation Agreement ToFH - signedAFFILIATION AGREEMENT
THIS AFFILIATION AGREEMENT (“Agreement”) is made and entered into by and
between EMS University, (hereafter referred to as “E.M.S.U.”), and the Town of
Fountain Hills, and Arizona municipal corporation (hereafter referred to as “Entity”).
RECITALS
WHEREAS,this contract shall pertain to E.M.S.U.’s EMT and Paramedic training
program to be offered to its students.
WHEREAS,E.M.S.U. offers a certificate, diploma, or degree program for its
students enrolled in its program.
WHEREAS, Entity operates a comprehensive ambulance service whose service
area is entitled below as (“Service Area”) and is licensed in the State of Arizona.
WHEREAS, E.M.S.U. desires to provide to its students a learning experience
through the application of knowledge and skills in actual client-centered situations in the
Entity Service area.
WHEREAS, Entity has agreed to make service area available to E.M.S.U. for such
purposes.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties hereby agree as fallows:
1.RESPONSIBILITIES OF E.M.S.U.
1.1 Clinical and/or Vehicular Program. E.M.S.U. shall be responsible for
the implementation and operation of the clinical and/or vehicular
component of its program (EMT and/or Paramedic training) at Service
area (the “Program”), which shall be approved in advance by Entity Such
responsibilities shall include, but not be limited to, the following:
1.1.1 Orientation of students to the clinical and/or vehicular experience at
Service area;
1.1.2 Provision of classroom theory and practical instruction to students prior to
their clinical and/or vehicular assignments at Service area;
1.1.3. Preparation of student/client assignments and rotation plans for each
student and coordination of same with Entity;
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1.1.4 Continuing oral and written communication with Entity regarding student
performance and evaluation, absences and assignments of students, and
other pertinent information;
1.1.5 Supervision of students and their performance;
1.1.6 Participation with the students in Entity quality assurance and related
programs; and
1.1.7 Performance of such other duties as may from time to time be agreed to
between E.M.S.U. and Entity.
1.2 Program Participant Statements. E.M.S.U. shall require all students,
faculty, employees, agents and representatives of E.M.S.U. participating
in the Program (collectively “Program Participants”) to sign a Statement
of Responsibility in the form attached hereto as Exhibit A, and a
Statement of Confidentiality in the form attached hereto as Exhibit B.
1.3 Insurance. E.M.S.U. shall maintain for itself and shall provide to
Program Participants appropriate general and professional liability
insurance coverage in the amounts of at least $1,000,000 per occurrence
and $3,000,000 in the aggregate, with insurance carriers or self insurance
programs approved by Entity, in accordance with the Entity’s bylaws,
rules or regulations.
1.4 Health of Participants.E.M.S.U. shall provide to Entity satisfactory
evidence that each Program Participant is free from contagious disease
and does not otherwise present a health hazard to Entity clients,
employees, volunteers or guests prior to his or her participation in the
Program. Such evidence shall include without limitation the results of a
2-step tuberculin skin test (or chest x-ray); physical examination; and
evidence of immunity from rubella, rubeola, and measles;, and hepatitis B
within six (6) months of the Program start. Program Participant shall be
responsible for arranging the Program Participant’s medical care and
treatment, if necessary, including transportation in case of illness or injury
when participating in the Program at the service area. In no event shall
Entity be financially or otherwise responsible for said medical care and
treatment.
1.5 Dress Code; Breaks.E.M.S.U. shall require the students to dress in
accordance with dress code and personal appearance standards approved
by E.M.S.U. Students shall be required to maintain and present ID
verifying that they are a student with E.M.S.U. for compliance purposes.
Such standards shall be in accordance with Entity’s standards regarding
the same. All Program Participants shall pay for their own meals at
Service area.
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1.6 Performances of Services.All faculty provided by E.M.S.U.shall be
duly licensed,certified or otherwise qualified to participate in the Program
at Service area.E.M.S.U.shall have a specifically designated staff for the
performance of the services specified herein.E.M.S.U.and all Program
Participants shall perform their duties and services hereunder in
accordance with all relevant local,state,and federal laws and shall comply
with the standards and guidelines of the applicable accrediting bodies and
the bylaws,rules,and regulations of the Entity and any rules and
regulations of the E.M.S.U.as may be in effect from time to time.Neither
E.M.S.U.nor any Program Participant shall interfere with or adversely
affect the operation of Entity,Service area or the performance of services
therein.
1.7 OSHA Compliance.E.M.S.U.shall be responsible for the compliance by
Program Participants 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 responsibility as the “employer”to
provide all employees with (1)information and training about the hazards
associated with blood and potentially infectious materials (2)information
and training about the protective measures to be taken to minimize rick of
occupational exposure to blood borne pathogens (3)training in the
appropriate actions to take in an emergency involving exposure to blood
and other potentially infectious material,and (4)information as to the
reason the employee should participate in the hepatitis B vaccination and
post-exposure evaluations and follow-up.E.M.S.U.’s responsibility with
respect to the Regulations also shall include the provision of the hepatitis
B vaccination in accordance with the Regulations.
1.8 Compliance.When required by the Entity or Service area,E.M.S.U.
represents and warrants to Entity or Service area that background and drug
screening has been performed on Faculty or Program Participants prior to
their admittance to the Service area.When such requirements by the
Entity or Service area exist,the specific requirements will be detailed in
an Addendum to the Agreement.
2.RESPONSIBILITIES OF Entity.
2.1 Entity shall accept the students assigned to the Program by E.M.S.U.and
cooperate in the orientation of all Program Participants to Entity.Entity
shall provide the opportunities for such students,who shall be supervised
by E.M.S.U.and Entity,to observe and assist in various aspects of the
Program’s learning objectives.Entity shall coordinate E.M.S.U.’s rotation
and assignments schedule with its own schedule and those of other
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educational institutions.Entity shall at all times retain ultimate control of
the Entity and responsibility for client care.
2.2 Upon the request of E.M.S.U.,Entity shall assist E.M.S.U.in the
evaluation of each Participant’s performance in the Program.However,
E.M.S.U.shall at all times remain solely responsible for the evaluation and
grading of Program Participants.
3.MUTUAL RESPONSIBILITIES.The parties shall cooperate to fulfill the
following mutual responsibilities.
3.1 Students shall be treated as trainees who have no expectation of receiving
compensation or future employment from Entity or E.M.S.U.
3.2 Any courtesy appointments to faculty or staff by either E.M.S.U.or Entity
shall be without entitlement of the individual to compensation or benefits
for the appointed party.
4.WITHDRAWAL OF PROGRAM PARTICIPANTS.
4.1 Entity may immediately remove from the premises any student (a)who
poses an immediate threat or danger to personnel or to the quality of
medical services,(b)who is listed or has been listed by a federal Entity as
suspended,excluded,barred or sanctioned by any federal or state Entity
(c)who has been convicted of any offense related to health care,or (d)
who engages in unprofessional behavior.
4.2 Entity may request E.M.S.U.to withdraw or dismiss a student or other
Program Participant from the Program at Service area when his or her
clinical and/or vehicular performance is unsatisfactory to Entity or his or
her behavior,in Entity’s discretion,is disruptive or detrimental to Entity or
its clients.In such event,said Program Participant’s participation with the
Service area will immediately cease.
5.INDEMNIFICATON.
E.M.S.U.agrees to indemnify and hold harmless the Entity from and against any
and all liability for personal injury,including injury resulting in death,or damage to
property or both,resulting directly or indirectly from the acts and/or omissions of
its students.Entity agrees to indemnify and hold harmless E.M.S.U.against any and
all liability for personal injury,including injury resulting in death,or damage to
property,or,both resulting directly or indirectly from the acts and/or omissions of
its employees.
6.INDEPENDENT CONTRACTOR.
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The parties herby acknowledge that they are independent contractors,and neither
the E.M.S.U.nor any of its agents,representatives,students or employees shall be
considered agents,representatives,students or employees of Entity.In no event
shall this Agreement be construed as establishing a partnership or joint venture or
similar relationship between the parties hereto.E.M.S.U.shall be liable for its own
debts,obligations,acts and omissions,including the payment of all required
withholding,social security and other taxes or benefits.The provisions of the
Article shall survive expiration or other termination of this Agreement regardless of
the cause of such termination.
7.NON-DISCRIMINATION.
There shall be no discrimination on the basis of race,national origin,religion,
creed,sex,age,veteran status,or handicap in either the selection of students for
participation in the program,or as to any aspect of the clinical and/or vehicular
training;provided however,that with respect to disability,the disability must not be
such as would,even with reasonable accommodation,in and of itself preclude the
student’s effective participation in the Program.
8.CONFIDENTIALITY.
E.M.S.U.and all Program Participants shall keep all health-related information
strictly confidential and shall at all times comply with all applicable federal and
state laws regarding the confidentiality of health-related information.Further,
E.M.S.U.and all Program Participants agree to keep strictly confidential and hold
in trust all third party information.E.M.S.U.shall not disclose the terms of this
Agreement to any person who is not a party to this Agreement,confidential
information or of the terms of this Agreement shall be a material breach of this
Agreement and shall provide Entity with the option of pursuing remedies for
terminating this Agreement upon written notice to E.M.S.U.The provisions of this
Article shall survive expiration or other termination of this Agreement regardless of
the cause of such termination.
9.TERM;TERMINATION.
9.1 The term of this Agreement shall be in perpetuity,commencing on the date
of the latest signature by the parties.
9.2 Except as otherwise provided herein,either party may terminate this
Agreement at any time without cause upon at least thirty (30)days’prior
written notice,provided that all students currently enrolled in the Program at
the time of notice of termination shall be given the opportunity to complete
their clinical and/or vehicular Program at Entity,such completion not to
exceed three (3)months unless otherwise specified per a Program-specific
addendum to the Agreement.
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10.ENTIRE AGREEMENT.
This Agreement and its accompanying Exhibits contain the entire understanding of
the parties with respect to the subject matter hereof and supersede all prior
agreements,oral or written,and all other communications between the parties
relating to such subject matter.This Agreement may not be amended or modified
except by mutual written agreement.All continuing covenants,duties and
obligations herein shall survive the expiration or earlier termination of this
Agreement.
11.SEVERABILITY.
If any provision of this Agreement is held to be invalid or unenforceable for any
reason,this Agreement shall remain in full force and effect in accordance with its
terms disregarding such unenforceable or invalid provision.
12.ARBITRATION.
Any dispute or controversy arising under,out of or in connection with,or in relation
to this Agreement,or any amendment hereof or the breach hereof shall be
determined and settled by arbitration in Maricopa County,Arizona,in accordance
with the American Health Lawyers Association Alternative Dispute Resolution
Service Rules of Procedure for Arbitration and applying the laws of the State.Any
award rendered by the arbitrator shall be final and binding upon each of the parties,
and judgment thereon may be entered in any court having jurisdiction thereof.The
costs shall be borne equally by both parties.During the pendency of any such
arbitration and until final judgment thereon has been entered,this Agreement shall
remain in full force and effect unless otherwise terminated as provided hereunder.
The provisions of the Article shall survive expiration or other termination of the
Agreement regardless of the cause of such termination.
13.CAPTIONS.
This captions contained herein are used solely for convenience and shall not be
deemed to define or limit the provisions of this Agreement.
14.NO WAIVER.
Any failure of a party to enforce that party’s right under any provision of this
Agreement shall not be construed or act as a waiver of said party’s subsequent right
to enforce any of the provisions contained herein.
15.GOVERNING LAW.
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This Agreement shall be governed and construed in accordance with the laws of the
State.The provisions of this Article shall survive expiration or other termination of
this Agreement regardless of the cause of such termination.
16.ASSIGNMENT;BINDING EFFECT.
E.M.S.U.may not assign or transfer any of its rights,duties or obligations under
this Agreement,in whole or in part,without the prior written consent of Entity.
This Agreement shall inure to the benefit of,and be binding upon the parties hereto
and there respective successors and permitted assigns.
17.ADDITIONAL PROGRAM REQUIREMENTS
When additions or exceptions to the Agreement are required by Program regulatory
bodies,such specifications will be outlined in a Program Addendum to the
Agreement.Criteria in the Program Addendum will supersede applicable
Agreement sections.
18.NOTICES.
All notices hereunder by either party to the other shall be in writing,delivered
personally,by certified or registered mail,return receipt requested,or by overnight
courier,and shall be deemed to have been duly given when delivered personally or
when deposited in the United States mail,postage prepaid,addressed as follows:
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If to E.M.S.U.: EMS University
501 South 48th Street, Suite 105
Tempe, AZ 85281
If to Entity:
or to such other persons or places as either party may from time to time designate by
written notice to the other.
THE PARTIES HERETO have executed this Agreement on the ______ day of
______________________, _______.
E.M.S.U.:
Entity:
EMS University
By (signature):_________________________________
Print Name:
Title: __________________________
Town of Fountain Hills
By (signature):_________________________________
Print Name: Rachael Goodwin
Title: Town Manager
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Dave Ott, Fire Chief
16705 E. Avenue of the Fountains
Fountain Hills, Az. 85268
Town Attorney
Rachael Goodwin (Oct 9, 2023 12:47 CDT)
Rachael Goodwin
Town Clerk
EXHIBIT A
STATEMENT OF RESPONSIBILITY
For, and in consideration of, the benefit provided the undersigned in the form of experience
in evaluation and treatment of clients of ________________________ (“Agency”), the
undersigned and his/her heirs, successors and/or assigns do hereby covenant and agree to
assume all risks of, and be solely responsible for, any injury or loss sustained by the
undersigned while participating in the Program operated by _________________
(“School”) at Agency.
Dated this ____ day of _______________, ______.
PROGRAM PARTICIPANT
Signature: ________________________________________
Print Name: ________________________________________
____________________________________
Witness
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EXHIBIT B
CONFIDENTIALITY STATEMENT
The undersigned hereby acknowledges his/her responsibility under applicable federal and
state law and the Agreement between _______________________(“School”)and
________________________________(“Agency”)to keep confidential any information
regarding Agency clients.The undersigned agrees,under penalty of law,not to reveal to
any person or persons except to authorized clinical and/or vehicular staff and associated
personnel for purposes of treatment,payment,or health operations of Agency,any
identifying information regarding any client.Further,School agrees not to reveal to any
third party any confidential information of Agency,except as required by law or as
authorized by Agency.
Dated this ______day of _________________,_______.
PROGRAM PARTICIPANT
Signature:______________________________________
Print Name:______________________________________
___________________________________
Witness
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PROGRAM ADDENDUM A
PARAMEDIC PROGRAM REQUIREMENTS
A.1 If a student is currently in the middle of his or her Paramedic Program,he or she
will be permitted sufficient time to complete all training upon the termination of
this Agreement.
A.2 A Paramedic Program preceptor training the Program Participant shall meet one of
the following requirements:
1.A physician or a doctor of allopathic medicine or osteopathic medicine
licensed in another state or jurisdiction;
2.A registered nurse licensed under A.R.S.Title 32,Chapter 15 or licensed in
another state or jurisdiction;
3.A physician’s assistant licensed under A.R.S.Title 32,Chapter 25 or
licensed in another state or jurisdiction;
4.An EMT-P with at least two years experience as an EMT-P;
5.An EMT-I(99)with at least two years experience as an EMT-I(99),only if
acting as a preceptor for the Arizona EMT-I course,EMT-I Arizona ALS
refresher,Arizona EMT-B course,or Arizona EMT-B refresher;or
6.An EMT-B with at least two years experience as an EMTB,only if acting as
a preceptor for the Arizona EMT-B course or Arizona EMT-B refresher.
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PROGRAM ADDENDUM B
EMT PROGRAM ADDENDUM
B.1 If a student is currently in the middle of his or her EMT Program,he or she will be
permitted sufficient time to complete training upon termination of the Agreement
and the student and E.M.S.U.shall be bound to other provisions of this Agreement
during that time period.
B.2 An EMT Program preceptor training the Program Participant shall meet one of the
following requirements:
1.A physician or a doctor of allopathic medicine or osteopathic medicine
licensed in another state or jurisdiction;
2.A registered nurse licensed under A.R.S.Title 32,Chapter 15 or licensed in
another state or jurisdiction;
3.A physician’s assistant licensed under A.R.S.Title 32,Chapter 25 or
licensed in another state or jurisdiction;
4.A Paramedic with at least two years experience as an EMT-P;
5.An AEMT with at least two years experience as an AEMT /EMT-I(99),
only if acting as a preceptor for the Arizona AEMT course,EMT-I Arizona
ALS refresher,Arizona EMT course,or Arizona EMT refresher;or
6.An EMT with at least two years experience as an EMT,only if acting as a
preceptor for the Arizona EMT course or Arizona EMT refresher.
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