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HomeMy WebLinkAboutOshkosh FD NWTC Fire Student Placement Agreement 2023-2024 with signatur...NORTHEAST WISCONSIN TECHNICAL COLLEGE FIRE SCIENCE STUDENT PLACEMENT AGREEMENT THIS FIRE MEDIC/SCIENCE STUDENT PLACEMENT AGREEMENT is made and entered into as of the I" of January 2023 (the 'Agreement"), by and between the NORTHEAST WISCONSIN TECHNICAL COLLEGE DISTRICT, a Wisconsin statutory technical college district ('NWTC"), and the Fire Department whose full legal name and principal business address appear below opposite the parties' signatures (the 'Fire Department"). WHEREAS NWTC is a Wisconsin technical college district engaged in the education and training of students enrolled in allied Fire Medic, Fire Protection Technician and Fire Science instructional programs, which programs necessarily rely on and include practical, observation and participation in Fire Medic/Protection Technician/Science and emergency facilities as a material component of the relevant curriculum. WHEREAS the Fire Department recognizes a need for an available workforce of well- trained graduates of Fire Medic, Fire Protection Technician and Fire Science programs who have obtained field observation and practical experience within Fire Science and emergency facilities actively engaged in delivering Fire Science services. WHEREAS NWTC maintains Fire Medic, Fire Protection Technician and Fire Science programs that include placement of students in Fire Departments for purposes of observation and practical experience including, but not limited to, the opportunity to '4ride along" with emergency personnel. WHEREAS the Fire Department maintains and operates certain emergency medical facilities suitable for and engaged in providing Fire Science services which are valuable to NWTC's curriculum, the Fire Department desires to make such facilities and staff available to NWTC for instructional purposes, and NWTC desires to place its students with the emergency operations to be provided by Fire Department on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the agreements and covenants made herein, and other good and valuable consideration which the parties deem sufficient, NWTC and the Fire Department agree as follows: A. INTRODUCTION NWTC Instructional Program. This Student Placement Agreement shall apply to, and govern the placement of, those NWTC students enrolled in, and seeking field placements regarding, the instructional program (the 'Program") designated in Exhibit A. Nee 1 Ride Along Version: 1 1/30/21 2. The Fire Department. Regarding the Program, the Fire Department shall make its department, or other Fire Science Fire Department(s) (the "Site"), identified in Exhibit B, available to NWTC for the education, training, and temporary field placement of Program students. 3. Program Contacts. The principal contact for NWTC regarding the Program students placed at the Site hereunder and the principal contact for the Fire Department regarding the students placed at the Site hereunder are designated on attached Exhibit C. B. OBLIGATIONS OF NWTC. Compliance with Accreditation Standards. NWTC shall be solely responsible for developing, offering, and implementing an educational curriculum in the Program, which shall be approved by the Wisconsin Technical College System Board and shall provide basic required classroom and field instruction consistent with (i) the standards of all applicable professional accrediting bodies and (ii) applicable federal, state and/or local laws and regulations. Basic Classroom and Field Instruction. All Program students placed at the Fire Department shall first have satisfactorily completed all prerequisite classroom instruction. NWTC shall develop and implement the Program students' curriculum in its sole discretion and shall have exclusive responsibility for developing the Program objectives, admitting (or rejecting) qualified students to the Program, providing instructional faculty, scheduling and monitoring field rotations by students, maintaining all permanent student records, assessing student performance and grading, and generally providing basic Program oversight and management. NWTC Faculty. NWTC shall provide such faculty, adjunct faculty, instructional staff and/or supervisory personnel as the Fire Department and NWTC may agree upon from time to time. C. OBLIGATIONS OF NWTC REGARDING PROGRAM STUDENTS. HIPAA Compliance. NWTC and the Fire Department agree that the conduct of NWTC instructors/students, when instructors/students are placed with the Fire Department and are engaged in the performance of duties for the Fire Department, is under the direct control of the Fire Department, and these instructors/students are members of the Fire Department's workforce for HIPAA purposes, as defined in 45 C.F.R. § 160.103, under these circumstances. NWTC instructors/students will comply with all policies, procedures, laws, and regulations of the Fire Department which have been communicated to the instructor/ student. 2. Student Health Screening. Prior to assigning any Program student to a field placement at the Site, NWTC shall determine that such students have been tested and passed all necessary health screening measures reasonably required by the Fire Department, consistent with the Fire Department's own health screening requirements of its own staff and employees, according to information provided to NWTC by the Fire Department. Program students shall have received all vaccinations, immunizations and/or other preventative measures reasonably required by the Fire Department, or under applicable law. Pape 2 Ride Along Version: 1 1/30/21 3. Caregiver Background Checks. Prior to assigning any Program student or Program instructional staff to a field placement with the Fire Department (involving patient contact or which requires a "Caregiver Background Check" under Wisconsin law, including Wis. Admin. Code Chapter HFS 12),NWTC, itself or by a contractor or agent hired by it, shall perform a Caregiver Background Check which shall include (i) obtaining a completed State of Wisconsin 'Background Information Disclosure" form and (ii) conducting a Criminal Records Check. If such background check indicates a criminal conviction or pending criminal charges constituting a "permanent bar" or 'bar pending rehabilitation," NWTC shall not place such student, faculty and/or staff member subject to bar with the Fire Department. Ifthe background check reveals a conviction or pending charges of a crime which is not a 'permanent bar" or 'bar pending rehabilitation," NWTC shall inform the Fire Department thereof, which shall determine at its sole discretion whether the conviction or pending charge(s) are substantially related to the care of the Fire Department's patients or clients. Written records regarding Caregiver Background checks shall be (i) maintained at all times by NWTC, (ii) provided, upon request to the Fire Department, and (iii) carried by each NWTC student, faculty, or staff member while at the Site. The Caregiver Background Check shall be conducted at NWTC's or the student's cost. Caregiver Background checks completed by NWTC or its students for participation in other instructional programs within 3 months before the date the student would be assigned to the Program shall be recognized by the Fire Department and sufficient hereunder. NWTC shall immediately notify the Fire Department in writing if NWTC determines with reasonable certainty that any NWTC student, faculty or staff member at the Site pursuant to this Agreement may be or becomes subject to a'bar." 4. Student Discipline: Withdrawal. NWTC shall be responsible for maintaining the discipline, demeanor, and academic and professional conduct of students in the Program. Failure to observe the Fire Department's written policies, rules and regulations which have been previously communicated to NWTC (in writing) and its students (in writing or orally) may constitute grounds for termination of a student's field placement privileges, and NWTC may be requested by the Fire Department to terminate such student(s). The following may be grounds for student withdrawal: (i) serious failure to maintain Caregiver Background Check documentation, (ii) serious failure to follow Fire Department policies and procedures which have been communicated to the student, (iii) the existence of health conditions which pose a material risk (in the judgment of the Fire Department staff) to Fire Department patients with whom the student may have contact, and (iv) serious failure to maintain adequate performance in the field placement. The foregoing are examples only, and do not limit NWTC's right to terminate student participation or the Fire Department's right to request the same. 5. Student Status. NWTC students participating in the 'bide -along" or other operations with the Fire Department shall not be deemed employees of the Fire Department and shall receive no compensation for services they may provide. NWTC students may from time to time provide economically valuable services, but are engaged exclusively in an educational Program, solely for educational purposes, and the Fire Department shall not substitute students for Fire Department Staff or support regular Site staffing requirements with students. 6. Resolution of Conflicts in Favor of Patient Care. The Fire Department may at its sole discretion limit educational access to any NWTC students who do not meet the Fire Department's standards generally applicable to its employees for safety, health screening, Page 3 Ride Along Version: 1 1/30/21 professional conduct, or ethical behavior. The Fire Department may resolve any conflict involving astudent or the Program in favor of the Fire Department's patients' welfare and restrict student involvement to observation. D. OBLIGATIONS OFTHE FIRE DEPARTMENT. 1. The Fire Department maintains full responsibility and authority for patient care at all times. Provide Field Experiences. The Fire Department shall provide reasonable access to practical field experiences for the Program students, in a supervised and controlled setting. The field experiences shall be substantially related to the Program curriculum described in Exhibit B and shall supplement and enhance the students' basic classroom instruction. Field experiences may include, without limitation, access and exposure to (i) sources of relevant information for educational purposes; (ii) the Fire Department's procedure guides, policy manuals and physical facilities (including instrumentation, fire equipment, etc.); (iii) standard field references; (iv) the Fire Department's Fire staff, subject to staff availability. 3. Educational Support Facilities. Subject to availability, the Fire Department shall make available for educational purposes, meeting or conference rooms or other appropriate areas where groups of Program students may hold discussions, small group instructional sessions, and shall permit use of such supplies and equipment as are commonly available for safe Fire prevention and extinguishing practices. 4. Fire Department Staff Involvement. Subject to their availability, and as the Fire Department and NWTC's faculty and instructional staff assigned to the Program may agree from time to time, the Fire Department shall make its staff available to Program students for (i) educational question/answer sessions with students and NWTC faculty; (ii) giving verbal feedback as appropriate regarding student field performance; (iii) providing direct supervision of students in conjunction with NWTC faculty; and (iv) providing appropriate field experiences for students to gain practical Fire Science experiences consistent with the Program curriculum and instructional plans set forth by NWTC. 5. Fire Department Accreditation. At all times during the term of this Agreement, the Fire Department shall maintain the highest appropriate professional standards of care, maintain properly licensed and trained field staff, maintain the Site as a field Fire Department for instruction regarding an accredited Program, and integrate the students where appropriate into the Fire Science services being provided by the Fire Department. 6. Disclosure of Policies, Rules, and Regulations. Prior to student placement with the Fire Department, the Fire Department shall provide NWTC faculty in charge of the Program with written copies (or precise references to standard field references) of, and generally inform NWTC regarding, applicable (i) Fire Department policies and procedures, (ii) applicable federal, state, and/or local laws and governmental regulations, and (iii) Fire Department rules and regulations, which in each case may affect the Program students during their field placement. 7. Orientation. The Fire Department shall provide Program students a general orientation, overview, and introduction to the Site, and to the conditions of patients generally treated Page 4 Ride Along Version: 1 1/30/21 therein in order to safeguard patient welfare and assist the students in gaining practical skills and confidence. E. GENERAL PROVISIONS. Term and Termination. The parties intend that this Agreement will be effective for an annual term. The specific dates will coincide with the particular academic or program period. This Agreement will begin on January 1, 2023 and end on December 31, 2024. In the event that the identified expiration date unexpectedly disrupts the completion of any Student's approved program, then the Agreement shall remain in force and effect until such time as this Agreement may expire without disruption of the Student(s) program experience. The parties shall memorialize any extension in writing. The Agreement will expire without further notice by either party. This Agreement may be terminated by one or more of the parties in one of the following ways; Through a written, mutual agreement; For cause, in the event either party materially breaches an obligation, and such breach is not cured after the party is provided with thirty (30) days written notice; In all events related to the termination or expiration of this Agreement, the parties agree to make good faith efforts to minimize any disruption of the program experience for any Student already placed with the Fire Department. This agreement supersedes any 'ride along' Student Placement agreements previously in place between the parties. 2. Insurance. At all times during the term of this Agreement, each party shall maintain in full force and effect, commercial general and professional liability insurance covering each of its employees and agents against general and medical professional liability claims. Such coverage shall be in the minimum amount of $1,000,000 per occurrence for commercial general liability and $2,000,000 per claim or occurrence for professional liability. Fire Department agrees to list NWTC as an additional insured on all commercial general liability insurance policies maintained for this purpose. NWTC agrees to list The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers as an additional insured on all commercial general liability insurance policies maintained for this purpose. Each party shall provide the other party with a certificate of insurance evidencing these coverages prior to the commencement of the contract. NWTC requires 30 day written notice of cancellation, non -renewal or material change in the Facility's insurance coverage(s). 3. Indemnification. The City of Oshkosh and the Oshkosh Fire Department agree to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, The City of Oshkosh and the Oshkosh Fire Department further agree to hold the NWTC harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh and the Oshkosh Fire Department while acting within the scope of their employment. Page 5 Ride Along Version: 11/30/21 Nothing contained within this agreement is intended to be a waiver or estoppel of the ability of the City, Fire Department or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statutes §§ 893.80, 895.52, and 345.05 and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. a. NWTC shall and hereby does agree to indemnify, defend and hold harmless The City of Oshkosh and the Fire Department, including without limitation its officers, administrators, employees, agents, and their respective successors and assigns, from and against any loss, liability, claim, obligation, damage, deficiency, cost or expense (including reasonable actual attorneys' fees) resulting from, arising out of or in any way connected with (i) NWTC's (including without limitation its administrators', faculty's, employees', students and/or agents') negligent act(s) or omissions) or intentional wrongdoing occurring in the course of NWTC's performance hereunder, or (ii) NWTC's material breach of any term, condition or provision of this Agreement. The City of Oshkosh and the Oshkosh Fire Department and NWTC intend by this indemnification, that each party will be responsible for the acts and omissions of its own officers, employees, agents, contractors, and agents to the extent not caused by, aggravated by, or enhanced by the other party's officers, employees, agents, contractors, and agents. 4. Dispute Resolution: Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof first shall be submitted to mediation between the parties, facilitated by a professional mediator mutually acceptable to the parties. (If the parties cannot agree upon a mediator within 30 days of initial notice of a dispute subject to this paragraph, each party shall nominate a proposed mediator, who shall in consultation with the other party's proposed mediator, select a third mediator to alone hear the dispute as soon as possible thereafter). The cost of mediation shall be equally shared between the Parties. Formal Action. In the event the Parties are unable to resolve their dispute, either Party may file a petition with a court of competent jurisdiction. The Parties further agree that arbitration will not be acceptable as a dispute resolution process. 5. Force Majeure. No failure or delay in the performance of the obligations of NWTC or Fire Department under this Agreement shall be deemed a breach of this Agreement or create any liability therefore if the failure or delay in performance is due to any cause or causes beyond the control of the parties, including, without limitation, strikes, work stoppages, accidents, shut down or delay of suppliers, governmental orders, fires, explosions or other acts of God, theft, embargoes, loss or delay in transit, inability to secure transportation facilities or contingencies arising out of or due to national defense activities, war or emergency Page 6 Ride Alone Version: 11/30/21 conditions. In the event of any such failure or delay or other non-performance on the part of the parties, they shall have the right to cancel or defer performance under this Agreement in their complete discretion without liability, and such cancellation and/or deferral shall not affect the right of the party to recover amounts due hereunder for services provided except that, in all events hereunder the Fee shall be reduced in accordance with the loss of services. This paragraph shall not be construed to extend any cure period set forth in Section E1. 6. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given and received in all respects on the date it is personally delivered or one (1) day after being sent by reputable overnight courier or two (2) business days after deposit in the United States mail, certified mail, postage prepaid, return receipt requested, to the appropriate party at the address set forth below or as otherwise designated by such party to the other in writing: If to NWTC: Northeast Wisconsin Technical College: Attn: Dean -Public Safety 2740 West Mason Street P.O. Box 19042 Green Bay, W154307-9042 Tel.: 920-498-5505 If to Fire Department: Notices to the Fire Department shall be given at the address/telephone/facsimile indicated below opposite the parties' signatures. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter herein, and all prior agreements and understandings, whether written or oral, are merged herein and made apart hereof. No amendment, waiver or modification hereof shall be valid or given effect unless in writing, signed by both parties. All Exhibits, Schedules, Annexes, or other documents referenced herein shall be incorporated into this Student Placement Agreement as if set forth fully herein. 8. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect or limit the validity or enforceability of any other provision hereof which shall remain valid and enforceable to the fullest extent permitted by law. Waiver of Breach. The waiver by either party of the breach by the other party of any provisions ofthi s Agreement shall not be deemed awaiver of any subsequent breach. 10. Section Headings. The headings in the Agreement are for purposes of convenience and ease of reference only and shall not be construed to limit or otherwise affect the meaning of any part of this Agreement. 11. Counterparts and Facsimile Signatures. This Agreement may be executed in one or more counterparts, all of which shall bind each party hereto at such time as the same or a different counterpart has been signed by the other party for whom a signature space is Nee 7 Ride Along Version: 11/30/21 hereafter provided even though both parties shall not have executed the same counterpart. This Agreement may be executed by facsimile. Each of the individuals executing this Agreement on behalf of a party, respectively, represents and warrants to the other that the individual has all power and authority necessary to bind the party hereto. 12. Independent Contractors. The parties are independent contractors, each acting as an independent entity with the ability to direct and control the performance of their respective obligations hereunder, subject to the terms and conditions of this Agreement. Nothing in this Agreement, or in the course of dealing between the parties hereunder, shall be construed to constitute the parties as partners, joint ventures or agents for one another; or as authorizing either party to obligate the other in any manner. Neither party shall represent itself, directly or by implication, to (i) be an employee, agent, partner orjoint venture of the other, or (ii) in any manner to have power or authority to create any obligation on behalf of the other. IN WITNESS WHEREOF, the parties have caused this Fire Science Student Placement Agreement to be executed as of the day, month and year written above. "CITY OF OSHKOSH" Northeast Wisconsin Technical College B John i atric u B Director of Administrative Services Cy thia Estru Date: Dean Public Safety Department Tel.: 920-498-5505 By: Fax: 920-498-5673 Mike Stanley Email: cynthia.estrup@nwtc.edu Chief, Oshkosh Fire Department Date: Nee 8 Ride Along Version: 11/30/21 INCORPORATED EXHIBITS TO BEATTACBED: Exhibit A: Program Exhibit B: FireDepartment Exhibit C: Principal NWTC and Fire Department Contacts 30 Page 9 Ride Along Version: 11/30/21 NORTHEAST WISCONSIN TECHNICAL COLLEGE FIRE SCIENCE STUDENT PLACEMENT AGREEMENT Exhibit A: The NWTC instructional Program(s) subject to this Student Placement Agreement are: EMT (Emergency Medical Technician) Advanced EMT (Advanced Emergency Medical Technician) Paramedic Fire Medic Fire Protection Technician Fire Science Exhibit B: The address (or other specifically identifying information) regarding the Fire Science or other Fire Department(s) (clinics, hospitals, nursing homes, Fire Stations, etc.) at which Program students will be placed are: Tel: Web: 30 Page 10 Ride Alon.- Version: 11130Y21 Exhibit C: Principal NWTC contact: Estrup, Cynthia Dean, Public Safety Principal Fire Department contact(s): Name (Please print clearly) PhoneNumber Program information Website li s: Fire Medic www.nwtc.edu/academics-and-training/Fire-Medic Fire Protection Technician www.nwtc.edu/academics-and-traininp/Fire-Protection-Technician Fire Science www.nwtc.edu/academics-and-training/Fire-Science Page I I Ride Along Version: 11130121