Loading...
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