HomeMy WebLinkAboutRES 17-019RESOLUTION NO. 17-019
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to enter into an affiliation agreement between the City of Beaumont EMS
Division and Texas Emergency System Training, LLC for clinical experience and
educational purposes under the supervision of the EMS Division. The Affiliation
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2017.
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- Mayor Be ky Ames -
AFFILIATION AGREEMENT
AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE
EDUCATION
OF
EMERGENCY MEDICAL SERVICES COURSE STUDENTS
BETWEEN
TEXAS EMERGENCY SYSTEM TRAINING L L C
AND
CITY OF BEAUMONT EMERGENCY SERVICES
2016
(every 2 year renewal)
EXHIBIT "A"
AFFILATION AGREEMENT
EMERGENCY MEDICAL SERVICES
The following Affiliation Agreement is entered into between Texas Emergency System Training
L L C, Silsbee Texas, and on behalf of the Emergency Medical Services Program, hereinafter
referred to as TEST, and Beaumont Emergency Medical Services., Beaumont Texas, hereinafter
referred to as Clinical Affiliate, on behalf of TEST students enrolled on the Emergency Medical
Services Program. It is agreed by both parties to be mutual interest to give students an
opportunity to utilize the hospital as a clinical facility for educational purposes. TEST and
"Clinical Affiliate" agree to accept the responsibilities and duties stated herein.
1. It is mutually agreed by the Clinical Affiliate and TEST that the educational program and
curricula of the Emergency Medical Services Program is and shall be the responsibility of, and
shall be carried out under the direction of personnel of TEST.
2. It is mutually agreed that clinical experiences and supervision for students enrolled in the
Emergency Medical Services Program will be provided at Clinical Affiliate by TEST.
3. It is mutually agreed the TEST will select and assign learning experiences for students, and
will further provide for teaching, evaluation, overall supervision, and record keeping of students.
Clinical Affiliate instructors will adhere to policies as agreed upon by the two parties and will
monitor students' adherence to policies mutually agreed upon.
4. It is mutually agreed that TEST and Clinical Affiliate do not, and will not discriminate against
any student, employee or applicant for participation in the learning experience because of race,
religion, sex, color, creed, marital status, age or national origin.
5. It is mutually agreed that the period of assignment, and the number distribution of students
among divisions of the Clinical Affiliate will be determined by representatives of TEST and
Clinical Affiliate.
6. It is mutually agreed that representatives of TEST and Clinical Affiliate shall meet regularly
to discuss issues of mutual concern, and to make such suggestions and changes as are needed.
Both parties will share information pertinent to the Affiliation Agreement.
(1)
To carry out these general areas of agreement, TEST is responsible for and agrees to:
1. Protect the health and safety of all parties by:
a. Requiring students to obtain professional liability insurance of no less than $1,000,000 per
occurrence and in the aggregate and to provide Clinical Affiliate proof of such insurance.
b. Requiring an annual health and physical examination at no cost to Clinical Affiliate.
c. Requiring compliance with the Center for Disease Control, Texas Department of State Health
Services, and Clinical Affiliate rules as regarding health, safety, dress, and conduct.
d. Providing, or otherwise arranging for faculty and student orientation to Clinical Affiliate, its
major policies, rules and regulations.
2. Make arrangements with the Medical Director and specified designates for clinical learning
experiences needed for students prior to each course. TEST representative will provide these
parties with:
a. Name(s) of students
b. Name(s) of faculty
c. Dates, days and times of clinical learning experiences as previously agreed upon.
3. Arrange for clinical personnel to participate in evaluation of student performance.
4. Make the individual student responsible for equipment damaged or broken due to the
student's negligence.
5. Make the individual student responsible for their own health needs including emergency care
or follow-up in any accident (I.e. needle sticks) at the clinical site
6. Assure that each instructor and student signs an agreement which states the Clinical Affiliate
has the absolute right and responsibility to terminate an individual's clinical rotation at Clinical
Affiliates based on attitude and behavior. Such right of Clinical Affiliate is not negotiable or
subject to discussion. Withdrawal from Clinical Affiliate of a student or faculty of TEST may be
requested by Clinical Affiliate. Clinical Affiliate has the right to remove a student from
participation under this agreement with or without cause.
7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met:
a. The special regulations in the Fair Labor Standards covering "student -learners" enrolled in a
bona fide technical program are applicable to Program students.
b. No hourly compensation is applicable to the student -learner while in the Program in the
learning experience at Clinical Affiliate's site.
c. A student is not considered an employee of Clinical Affiliate, and not eligible for Worker's
Compensation.
(2)
8. Assure confidentiality of patient and Clinical Affiliate matters by:
a. Instructing faculty and students to maintain the confidentiality of patient and Clinical
Affiliate information and records.
b. Assuring each student and faculty member execute a confidentiality agreement
Attachment A, incorporated herein for reference) before beginning rotation at Clinical Affiliate.
c. Agreeing that any breach of confidentiality will result in the immediate expulsion
from Clinical Affiliate of the person(s) responsible for the breach and may result in termination
of the entire affiliation..
The Clinical Affiliate is responsible for, and agrees to:
1. Permit the use of clinical facilities by student enrolled in the Emergency Medical Services
Program for the purpose of clinical education.
2. Maintain approval by the appropriate state and/or properly designated accrediting body, and
inform TEST
of any changes in that approval.
3. Inform TEST and participate in joint planning, prior to accepting Emergency Medical
Services from any other institution.
4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or
other secure space for students to store coats, books, etc. while on duty.
5. Allow students and faculty access to, and use of, facilities maintained by the Clinical Affiliate
following it specific policies, fees or charges (such as Library and Cafeteria).
6. Charge no fee for clinical laboratory experience.
7. Collaborate with Emergency Medical Services educators to influence curricula, including
clinical and/or managerial learning experiences, when Clinical Affiliate provides clinical
facilities for the Emergency Medical Services education program.
8. Assist in evaluating student performance.
(3)
TERMS OF AGREEMENT
Only in as so far as it is authorized by law to do so, TEST agrees to hold the Clinical Affiliate
harmless
From and against any liability to personnel injury, including injury in death, damage to property,
or both, resulting indirectly from the use by TEST of the clinical Affiliates Facility
Nothing in this Affiliate Agreement is to be misconstrued as transforming financial responsibility
from one party to another.
The Terms of this agreement will be set at 2 (two) years upon mutual agreement of the parties.
Plans of termination of the agreement may be instituted by either party upon no less than a 30
(THIRTY) day written notice by mail. The plans for termination must include specific
procedures to assure that there will be no adverse affect to the rights and privileges of students
actually enrolled in the program, as long as they are making progress towards completion.
Review of this agreement will be every 2 years.
For Texas Emergency System Training LLC
TEST OWNER / ADMINISTRATOR
TEST PROGRAM COORDINATOR
DATE COMPLETED
For Clinical Affiliate
CHIEF ADMINISTRATOR
DATE COMPLETED