HomeMy WebLinkAboutLifework Education Vehicular Contract_Fountain Hills Fire DepartmentFINAL - signedLifework Education, Inc.
VEHICULAR FIELD TRAINING AGREEMENT
This agreement (“Agreement”) is entered into between Town of Fountain Hills, an
Arizona municipal corporation (“Town” and/or “Fountain Hills Fire Department”), and
LIFEWORK EDUCATION, INC. (“LIFEWORK EDUCATION”).
BACKROUND
1.The Parties wish to cooperate in providing instruction for the education and
training of students to become certified emergency medical
technicians/paramedic (“CEP”) by the Arizona Department of Health
Services. (“ADHS”).
2.LIFEWORK EDUCATION has the ability and resources to provide the
necessary classroom education and clinical experiences for the students to
receive their CEP certification.
3.FOUNTAIN HILLS FIRE DEPARTMENT has the ability and resources to
provide vehicular field and experience (“Training”) necessary for students to
receive their emergency medical technician/paramedic certification.
AGREEMENT
Therefore, the Parties agree as follows:
1.TERM. This Agreement shall be effective as of the date of execution, through
September 13th, 2025, but may be terminated by either party with ninety (90)
days prior written notice. This contract shall be self-renewing until September
13th, 2027, as long as no party is in default, and unless cancelled by either
party prior to that date. In the event that notice of termination is given, the
termination shall not be effective until all those students then participating in
the Training have completed the Training.
2.MEDICAL DIRECTOR. LIFEWORK EDUCATION agrees to provide a
qualified physician to serve as Medical Director for the Training. The Medical
Director shall have complete medical control over the performance of this
Agreement.
3.PROGRAM DIRECTOR. LIFEWORK EDUCATION agrees to provide a
Program Director who will be indirectly responsible for all training.
4.CLINICAL COORDINATOR. LIFEWORK EDUCATION agrees to provide a
coordinator who will be directly responsible for scheduling and student issues.
The Program Director and Clinical Coordinator may be the same person.
5.INSTRUCTION. LIFEWORK EDUCATION agrees to provide all classroom
instruction and clinical experience necessary for students to qualify for
certification. The educational experience provided by LIFEWORK
EDUCATION shall be of such quality to satisfy professional standards of the
program as set forth in Arizona Administrative Code R9-25-308 as authorized
by Arizona Revised Statutes §§36-2202 (A)(3) and (A)(4) and 36-2204 (1)
and (3).
6. CONFIDENTIAL INFORMATION. Information provided by LIFEWORK
EDUCATION is confidential and the property of LIFEWORK EDUCATION
and shall not be used by FOUNTAIN HILLS FIRE DEPARTMENT for any
other purpose than with student instruction. LIFEWORK EDUCATION
retains all copyrights, ownership and exclusive use of the Confidential
Information used in instruction. FOUNTAIN HILLS FIRE DEPARTMENT
agrees not to copy or use the Confidential Information for any other purpose.
Confidential information shall include all instruction material, trade secrets
and any techniques of instruction used by LIFEWORK EDUCATION.
7. SUPERVISION. Students assigned to vehicular training shall each be under
the supervision of a preceptor who meets state preceptor requirements and
will be provided by FOUNTAIN HILLS FIRE DEPARTMENT and approved
by LIFEWORK EDUCATION. On Occasion, LIFEWORK EDUCATION
may provide an additional preceptor for evaluation purposes. Prior
arrangements will be made with FOUNTAIN HILLS FIRE DEPARTMENT.
8.SCHEDULING. Schedule for requested vehicular time will be forwarded by
LIFEWORK EDUCATION to FOUNTAIN HILLS FIRE DEPARTMENT
for review. Upon review and approval schedule will be forwarded to the
appropriate contact.
9.ATTIRE. Riders will wear proper attire as defined below:
-Appropriate EMS Pants or Slacks
-Work or other durable shoes (no sneakers)
-Any durable shirt or sweatshirt with appropriate
lettering identifying individual as CEP student
with LIFEWORK EDUCATION.
10.PERSONAL PROTECTIVE EQUIPMENT (PPE). FOUNTAIN HILLS FIRE
DEPARTMENT will provide student with appropriate disposable emergency
medical service PPE with the exception of approved NIOSH particulate
respirator.
11.VEHICULAR RIDE TIME. Maximum ride time and time slots per assigned
vehicular rotation and time slots to be scheduled established by FOUNTAIN
HILLS FIRE DEPARTMENT. Assigned student shall arrive no later than
fifteen (15) minutes prior to assigned shift.
12.EMERGENCY SERVICES. While participating in vehicular training,
students shall be permitted to perform only those emergency medical services
that comply with ADHS rules relating to CEP Training. Ultimate
responsibility for patient care, however, shall always rest with FOUNTAIN
HILLS FIRE DEPARTMENT personnel.
13.FINANCIAL REMUNERATION. No financial remuneration shall be made
to either party by the other to students being precepted. The clinical activities
of the student shall not be for the purpose of supplanting the services of
regular paid employees of FOUNTAIN HILLS FIRE DEPARTMENT.
14. AGENCY POLICIES. Students shall be required to comply with all
applicable policies and regulations of FOUNTAIN HILLS FIRE
DEPARTMENT while traveling with Agency personnel.
15.REMOVAL. Either FOUNTAIN HILLS FIRE DEPARTMENT or
LIFEWORK EDUCATION, in their sole discretion, shall have the right to
remove any student from the vehicular training program with due cause.
16.INDEMNIFY. To the fullest extent permitted by law, LIFEWORK
EDUCATION shall indemnify, defend and hold harmless the Town and each
council member, officer, employee or agent thereof (the Town and any such
person being herein called an “Indemnified Party”), for, from and against any
and all losses, claims, damages, liabilities, costs and expenses (including, but
not limited to, reasonable attorneys’ fees, court costs and the costs of appellate
proceedings) to which any such Indemnified Party may become subject, under
any theory of liability whatsoever (“Claims”), insofar as such Claims (or
actions in respect thereof) relate to, arise out of, or are caused by or based
upon the negligent acts, intentional misconduct, errors, mistakes or omissions,
breach of contract, in connection with the work or services of LIFEWORK
EDUCATION, its officers, employees, agents, or any tier of subcontractor in
the performance of this Agreement. The amount and type of insurance
coverage requirements set forth below will in no way be construed as limiting
the scope of the indemnity in this Section.
17.INSURANCE. During this license, both parties shall maintain the insurance
policies specified below.
17.1 The policies shall be issued by companies licensed in Arizona with
a current A.M. Best rating of A: VIII or better. LIFEWORK
EDUCATION acknowledges that FOUNTAIN HILLS FIRE
DEPARTMENT is insured, and accepts such insurance as satisfying
the requirements of this agreement.
17.2 Before any Student is assigned to a vehicle (Fire Truck, Rescue
Unit or Ambulance), each party shall furnish the other with
certificates of insurance evidencing the required coverage’s,
conditions, and limits required by this provision.
17.3 The insurance policies, except Workers’ Compensation and
Professional Liability, shall be endorsed to name the other party, its
agents, officers, employees, and volunteers as additional insured’s.
17.4 If the policies required by this provision are written on a “claims
made” basis, coverage shall extend for two (2) years past completion
of the last Student assignment to the vehicle (Fire Truck, Rescue Unit
or Ambulance) and must be evidenced by annual certificates of
insurance.
17.5 The insurance policies shall be endorsed stating that they shall not
expire, be cancelled, suspended, voided or materially changed without
the insurer endeavoring to provide thirty (30) days written notice by
certified mail to the other party (The insurance company shall agree to
notify respective party, in writing, of default in payment of insurance
premiums no less than ten (10) days prior to cancellation of the
insurance.)
17.6 Each party’s insurance must be primary, and any insurance of self
insurance maintained by the other party shall not contribute to this.
The following coverage is required:
17.6.1 COMMERCIAL GENERAL LIABILITY insurance
with a limit of not less than $1,000,000 per
occurrence for bodily injury, property damage,
personal injury, products and completed operations,
and blanket contractual coverage, including but not
limited to, the liability assumed under the
indemnification provisions of this Agreement;
17.6.2 AUTOMOBILE LIABILITY insurance with a
combined single limit for bodily injury and property
damage of not less that $1,000,000 each occurrence
with respect to each party’s owned, hired, and non-
owned vehicles;
17.6.3 WORKERS’ COMPENSATION insurance with
limits statutorily required by any federal or state law
and Employer’s Liability Insurance of not less than
$100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit;
and
17.6.4 PROFESSIONAL LIABILITY insurance covering
acts, errors, mistakes, and omissions arising out of
the work or services performed by each party, or
any person employed by each party, with a limit of
not less than $1,000,000 per claim.
18.COOPERATION. Each party shall recognize and promote the
accomplishment of the mutual objectives contained in this Agreement.
19.HEALTH STANDARDS. LIFEWORK EDUCATION shall ensure that
students meet minimum health and other standards established by applicable
law.
20.BLOODBORNE PATHOGENS. LIFEWORK EDUCATION shall comply
with Federal Occupational Safety and Health Administration (OSHA) Blood
borne Pathogen Regulations and shall educate students regarding the
procedures used at FOUNTAIN HILLS FIRE DEPARTMENT. In the event a
student experiences an occupational exposure to a blood or body fluids,
FOUNTAIN HILLS FIRE DEPARTMENT shall provide all evaluations and
follow up. FOUNTAIN HILLS FIRE DEPARTMENT shall provide
LIFEWORK EDUCATION promptly with written information regarding the
circumstance under which the exposure incident occurred.
21.NONDISCRIMINATION. Both parties shall comply with all federal, state,
and local law, rules, regulations, and executive orders concerning non-
discrimination in employment and service on the basis of sex, race, disability,
religion, national origin, age or veteran’s status.
22.INDEPENDENT CONTRACTOR. FOUNTAIN HILLS FIRE
DEPARTMENT shall at all times be deemed to be an independent contractor.
Its employees shall not be regarded as employees or agents of LIFEWORK
EDUCATION for any reason.
23.PAROL EVIDENCE. This Agreement contains the entire understanding
between the parties. All prior negotiation between the parties is merged into
this Agreement, and there are no other understandings or agreements. This
Agreement may not be modified except by written amendment signed by both
parties.
24.GOVERNING LAW. This Agreement shall be bound by the laws and
ordinances of the State of Arizona. Any dispute shall be resolved in a court of
appropriate jurisdiction in Maricopa County, Arizona.
25.CANCELLATION. FOUNTAIN HILLS FIRE DEPARTMENT may cancel
this Agreement under Arizona Revised Statute § 38-511.
26. FUNDS UNAVAILABLE. Each party has sufficient funds for the obligations
anticipated under this Agreement. Either party may terminate this Agreement
if funds become unavailable for the Program.
TOWN
_________________________ _______________________ ____________
Signature/Interim Town Manager Print Name Date
________________________________________________________________________
Signature/Town Clerk Print Name Date
________________________________________________________________________
Signature/Town Attorney Print Name Date
LIFEWORK EDUCATION
_________________________ _______________________ ____________
Signature/Title Print Name Date Andrew Johnston (Sep 19, 2023 11:01 PDT)
Andrew Johnston Andrew Johnston 09/19/2023
Aaron Arnson 09/22/2023
Rachael Goodwin (Sep 25, 2023 07:40 PDT)
Rachael Goodwin Rachael Goodwin 09/25/2023
Linda Mendenhall 09/25/2023