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Resolution 2016-10i RESOLUTION NO.2016-10(R) I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE WYLIE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF WYLIE TO JOINTLY COOPERATE IN ORDER TO FURNISH CLINICAL EDUCATION TO STUDENTS ENROLLED IN THE WYLIE INDEPENDENT SCHOOL DISTRICT'S EMERGENCY MEDICAL TECHNICIAN CURRICULA OFFERINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Memorandum of Agreement between the Wylie Independent School District and the City of Wylie to jointly cooperate in order to furnish clinical education to students enrolled in the Wylie Independent School District's Emergency Medical Technician Curricula Offerings. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12`h day of APRIL,2016. vjjt"el , C ERIC HOGUE, y ATTEST TO: ,q F /z ,C '� A i C OLE EI-IgLTCH, City Secretary a ��Ntd FE RqA,0P�� Resolution No.2016-10(R) Agreement between WISD and s��i -r City of Wylie for EMT Education Page 1 of 1 MEMORANDUM OF AGREEMENT between WYLIE INDEPENDENT SCHOOL DISTRICT and WYLIE FIRE DEPARTMENT This agreement made and entered into this_day of_2015 between WYLIE INDEPENDENT SCHOOL DISRTICT, hereinafter called the"Wylie ISD,"and WYLIE FIRE DEPARTMENT, hereinafter called the" Fire Department,"WITNESSETH THAT: WHEREAS,the Wylie ISD is desirous of offering an emergency medical technician curricula designed to help meet the local area health manpower need, and WHEREAS, the Fire Department recognizes the need for providing the community, which it undertakes to serve,with an adequate emergency medical services staff, and WHEREAS, the contracting parties are desirous of cooperating to furnish clinical education to students enrolled in the Wylie ISD's emergency medical technician curricula offerings,and WHEREAS, it is mutually agreed by Wylie ISD and the Fire Department that Wylie ISD has established programs for general and technical health care education students. It is further mutually agreed that portions of the clinical training of students enrolled in these programs will be provided by the Fire Department. NOW,THEREFORE,it is mutually agreed by and between said parties as follows: Section A: Wylie ISD shall do or cause to be done the following: 1. Be responsible after consultation with the Fire Department to plan, coordinate and implement the educational program for the clinical period. 2. Work cooperatively with the appropriate staff members in the selection of students' learning experience. 3. Assure observance of Fire Department policies and procedures by students and faculty. 4. Initiate, as indicated, individual and group conferences with the staff for the purpose of discussing student learning and performance and patient services. 5. Provide a list to the Fire Department of the approximate number of students that will be using the facility and the dates involved. 6. Assure the Fire Department that the students are covered with liability insurance and provide certificate of coverage. 7. Educate students to the requirements of the Texas Confidentiality Act, Chapter 773 Health &Safety code, Sub Chapter D, Section 773.091. 8. Educate students to the requirements set forth by O.S.H.A. in regards to the appropriate precautions for blood borne pathogens and other necessary safety regulations. 9. Be responsible for the administration functions, including admission, scheduling, accounting, and achievement records similar to those records maintained for all students of Wylie ISD and to those records required by the Fire Department. 10. Wylie ISD and their students will abide with any and all other regulatory Fire Department and accreditation standard guidelines applicable to the Fire Department. 11. Conduct criminal background check on all students. 12, Assure students do not have a criminal background. Students with a criminal conviction above a Class C misdemeanor will be evaluated by the Fire Department. The Fire Department will decide if a student with a criminal conviction above a Class C misdemeanor, will be allowed to perform their clinical at the Fire Department. 13. Conduct urinalysis drug screening on all students . 14. Assure students do not have a positive urinalysis drug screen. Students with a positive urinalysis drug screen will not be allowed to perform their clinical at the Fire Department. Section B: Fire Department will do or cause to be done the following: 1. Provide Full cooperation on the part of the Fire Department to help foster the success of the program. 2. Provide opportunity for student practice and observation in the patient areas and other areas of the Fire Department under direct supervision of Fire Department personnel, and under the general supervision of Wylie ISD faculty. 3. Make provision for orientation of faculty members of the college to the facilities, philosophies, and policies of the Fire Department. 4. Assist in the orientation of the students to the health service Fire Department and clear channels of administration for the use of equipment and records as necessary for teaching purposes. 5. Provide adequate space, equipment, and supplies for the clinical practices. 6. Assist in the evaluation of students'learning and performance in providing patient care. 7. The Fire Department will in all situations be ultimately responsible for the care rendered to patients. 8. Have no authority to dismiss faculty or,students from the program. Should the Fire Department wish to recommend dismissal of faculty or students such recommendations must be in writing. However, the Fire Department reserves the right summarily to exclude from the Fire Department premises any person who is deemed undesirable. 9. Staff members shall not require a student to commit an act that this student feels unable to do. Likewise, any staff member becoming aware of the likelihood that any student will carry out any act that is deemed inappropriate, has the duty to make reasonable efforts to stop such student from carrying out such act. 10. Allow the,use of the Fire Department's food service and parking facilities on.the same basis as for the Fire Department employees. 11. Allow the use of the Fire Department's library by the Wylie ISD faculty and students. 12. To the extent possible, provide dressing room space and lockers for the use of Fire Department faculty and students while the students are receiving clinical instruction at the Fire Department. Section C: Wylie ISD and the Fire Department agree to be mutually responsible for the following: 1. Clinical assignments for students enrolled in the health occupations curricula of Wylie ISD will be planned by the faculty of the Wylie ISD in cooperation with the designated staff leaders of the various units. 2. All arrangements for any special programs, projects, or special provisions not covered by this agreement, will be made through the Clinical Instructor of the students and the Coordinator of Education Fire Department. 3. Faculty and students of the Wylie ISD will abide by the policies of the Fire Department while using the facilities. However, the Fire Department reserves the right summarily to exclude from the Fire Department Premises any person who is deemed undesirable or is deemed dangerous or disruptive to patients or Fire Department employees or staff. 4. Wylie ISD Faculty, Fire Department staff members, and students will work together to maintain an environment which provides quality patient care and quality student learning. 5. Wylie ISD is responsible for training students in infection control and body substance isolation prior to entering clinicaUntemship rotations. Section D: The Fire Department does not assume liability for an injury and/or illness in any manner and to any extent that a student or faculty member may receive during their experience at the Fire Department and Wylie ISD expressly agrees to indemnify the Fire Department for any claims arising out of the services provided pursuant to this Agreement brought by a student or faculty member. However, if the student/or faculty member is injured and/or ill, the Fire Department will provide access to emergency care at the student's or the faculty's expense. Section E: 1. This agreement shall be effective upon its execution. Expiration of contract shall be ongoing until terminated by either Fire Department or Wylie ISD. This agreement may be terminated by either party by written notice of such intent submitted ninety (90) days in advance. Such termination shall not effect students then enrolled and participating in the emergency medical services program. 2. This agreement may be modified by mutual consent at any time. 3. If any part of this agreement is determined by any legal authority with jurisdiction to be beyond the power either of the parties hereto or invalid or illegal in any respect,this agreement shall be modified accordingly, but if any such part is a material part of this agreement,the agreement may be canceled by either party. Section F : Health Insurance Portability and Accountability Act("HIPAA") The parties hereto shall ensure that all services provided hereunder shall comply with all applicable material laws, ordinances, rules and regulations, including the Health Insurance Portability and Accountability Act("HIPAK) (in its current form, or as it may be modified from time to time, and such modifications or changes shall automatically become applicable to this Agreement based upon the effective date of the change) and the rules and regulations promulgated there under. The parties hereto shall also require any agent or subcontractor to comply with all applicable laws, ordinances, rules and regulations, including HIPAA, as set forth above. In the event that there are modifications or changes in applicable laws, ordinances, rules or regulations that are not, as of the date of this Agreement, either in effect or promulgated to become effective, and if such modifications or changes cause an increase in cost or time required to perform services under this Agreement, the price and schedule will be equitably adjusted by mutual agreement of the parties; however, the parties shall remain responsible at all times for compliance with all such laws, ordinances, rules and regulations. Wylie ISD shall, at its own expense, protect, defend and hold the Fire Department, its officers, directors, agents and employees harmless from and against all liability, loss penalties, or damages assessed against or incurred by either party hereto, its officers, directors, agents and employees or any of them(including attorneys'fees and court costs incurred by any party indemnified hereunder)as a result of the Wylie ISD, or its agent's or subcontractor's material noncompliance with this provision. "My organization will not discriminate on the basis of sex, race, color, national origin, disability, or age in services, activities, or employment practices". IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their respective authorized officers as of the date and year first above written. Day Year WYLIE FIRE DEPARTMENT WYLIE INDEPENDENT SCHOOL DISTRICT BY By Authorized Signature Authorized Signature Title: Title: Date: Date: