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HomeMy WebLinkAboutRES 16-063RESOLUTION NO. 16-063 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 Lee College 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 12th day of April, 2016. - Mayor Becky Ames - VFE: WORKFORCE cum iOilX'OMFW�ANO C0�6]l1NlYLFV'dbDLtFNT STUDENT FIELD EXPERIENCE FIELD SITE AFFILIATION AGREEMENT THIS AGREEMENT (the "Agreement") is made by and between THE LEE COLLEGE DISTRICT, located at 200 Lee Drive, Baytown, TX, 77520, ("Lee") and BEAUMONT EMS located at 3040 College St., Beaumont, TX 77702' ("Field Site" or "Facility"). RECITALS WHEREAS, Lee offers among other things, an educational program for the training of Emergency Medical Technology (EMT) and seeks to partner with Field Site for educational field experiences for the students enrolled in the program (the "Students"); WHEREAS, the proper training of the Students requires field experiences with practical lab/clinical problems ("Field Experience Program"); WHEREAS, the Field Site is willing to make available its educational and professional resources to such Students; and WHEREAS, Lee and- the Field Site mutually desire to contribute to the education and professional growth of the Students. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, it is understood and agreed upon by the parties hereto, as follows: TERM AND TERMINATION This Agreement shall commence on April 1, 2016 and shall continue for a period of one (1) year (the "Initial Term"). Upon expiration of the Initial Term of this Agreement, this Agreement and the Term shall renew for successive one (1) -year periods (each a "Renewal Term"). Notwithstanding the foregoing, either party may terminate this Agreement for any reason or no reason, upon thirty (30) calendar days' prior written notice to the other party. In the event of termination before any participating Student(s) has completed the then -current term, such Student(s) shall be permitted to complete the then -current term subject to the applicable terms of this Agreement, which shall survive until the date of such completion. II. LEE RESPONSIBILITIES A. Clinical Program. Lee's responsibilities shall include, but not be limited to, the followinv: EXHIBIT "A" WOR . 6�CE CWWMEAWW" enoaieraanoiv..mr ti commencement, and upon the renewal, ofthis Agreement. Lee shall notify Facility at least thirty (30) days in advance of any proposed cancellation or change in such coverage. By entering into this Agreement, and complying with the terms and requirements hereof, it is recognized that Lee is not waiving the governmental immunity that Lee, its agents or employees have under law or any other rights, privileges and immunities belonging to or ascertainable by Lee under either state or federal law. C. Health of Program Participants. Lee shall inform all Program Participants of the necessity to maintain documentation of their health records, including updated immunization records as required by the Texas Administrative Code Rule 97.64 and 97.65 and Field Site. This may include, but are not limited to the following: 1. Tuberculin skin test within the past 6 months or a chest X-ray taken within the past 24 months (if no suspicion of having active TB in that time period) and 2. Two doses of Measles, Mumps and Rubella (MMR) or proof of immunity by positive antibody titers; and 3. Two doses of Varicella (chicken pox) or positive history of chicken pox or proof of positive antibody titer; and 4. Three doses of Hepatitis B immunizations, or completion of a certification of declination of vaccine or proof of positive antibody by quantitative titer: and 5. Tetanus, Diptheria and Pertussis immunization within the last ten years, as per the Texas Administrative Code if patient contact is anticipated. 6. Flu vaccine as recommended by CDC. D. Background Checks. Lee shall, in a timely manner at the Program Participant's expense, conduct (or have conducted) a background check on each and every student assigned to the Program and every member of the staff/faculty responsible for supervision and/or instruction. It Lee has students or staff/faculty on-site at Facility prior to the execution of this Agreement, then Lee shall immediately require a retrospective background check on such persons. The background check shall include, at a minimum, the following: 1. Social Security number verification 2. Residency history 3. Statewide Criminal Search (minimum of 7 years) 4. National Patriot Act 5. Nationwide Sexual Offender Index 6. Nationwide Healthcare Fraud & Abuse Scan Upon receipt of a written consent and release to disclosure executed by the Student, the Facility may review the written results of the student's criminal background check. If Facility reasonably determines, pursuant to its own eligibility standards, all applicable laws and not inconsistent with College policies, that a Student shall not participate at its facility, Facility shall so notify that individual and the College. Facility shall inform Students excluded from placement on the basis of a background check of any review or appeal process available pursuant to the Fair Credit Reporting 1NOR ORCE C. The Field Site shall provide observation and clinical experiences for the Students that are planned, organized and administered by qualified staff in accordance with mutually agreed upon educational objectives and guidelines. D. Field Site shall provide Students with an orientation familiarizing Students with operations, policies, procedures, of the site as well as all applicable State and Federal laws and regulations that pertain to practice at the Field Site, including those pertaining to Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule") issued under the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which govern the use and/or disclosure of individually identifiable health information. E. Field Site shall assure that the Students practices within the guidelines of any applicable professional ethics codes. Field Site shall provide resources to Students for exploring and resolving any ethical conflicts that may arise during field training. F. If a Preceptor is assigned, they shall complete, with the Instructor and Students, all written evaluations of the Students' performance according to the timeline established by Lee. However, Lee shall at all times remain solely responsible for the evaluation and grading of Program Participants. G. The Field Site reserves the right, consistent with applicable laws and policies, to dismiss at any time any Students whose health condition, conduct or performance is a detriment to the Students' ability to successfully complete the Field Experience Program at the Field Site or jeopardizes the health, safety or well-being of any patients, clients or employees ofthe Field Site. The Field Site Program Coordinator or assigned Preceptor shall promptly notify the Field Education Coordinator of any problem or difficulty arising with Students and a discussion shall be held either by telephone or in person to determine the appropriate course of action. The Field Site will, however, have final responsibility and authority to dismiss any Students from the Field Experience Program, provided that Lee College retains sole discretion in determining dismissal of students from the College's own program(s). H. Facility shall provide basic medical care and treatment to Program Participants and/or Lee faculty members in the event of injury or illness while at the Facility until other arrangements, as may be appropriate and subject to appropriate and legally required consent, for such person's medical care can be made. Any Facility or medical expenses incurred for the provision of medical services shall be the responsibility of the injured or ill Program Participant or Lee faculty member, provided that informed consent has been provided by the subject individual. Lee College assumes no liability for any such individual's cost of medical care. I. The Field Site shall ensure adequate workspace for Students and shall permit the use of diagnostic and therapeutic equipment, instructional resources, procedure manuals, and client records as required by the Field Experience Program. ftu6 1 WOR ,�QRCE (1) The Field Site is a covered entity for purposes of HIPAA and any regulations and official guidance promulgated thereunder, as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH") (together referred to as the "HIPAA Privacy Regulations"); (2) to the extent that Students are participating in the Field Experience Program: (a) Students shall be considered part of the Field Site's workforce for HIPAA compliance purposes in accordance with 45 CFR § 160.103, but shall not be construed to be employees of the Field Site; (b) . Students shall receive training by the Field Site on, and subject to compliance with, all of Field Site's privacy policies adopted pursuant to HIPAA; and (c) Students shall not disclose any Protected Health Information, as that term is defined by 45 CFR § 164.105, to which Students have access through Program participation that has not first been de -identified as provided in 45 CFR §I64.514(a); (3) Lee will never access or request to access any Protected Health Information held or collected by or on behalf of the Field Site that has not first been de -identified as provided in 45 CFR § 164.514(a); and (4) No services are being provided to the Field Site by Lee pursuant to this Agreement and, therefore, this Agreement does not create a "business associate" relationship as that term is defined in 45 CFR §160.103. C. The Field Site and Lee will promote a coordinated effort by evaluating the Program annually, planning for its continuous improvement, making such changes as are deemed advisable and discussing problems as they arise concerning this affiliation. D. The parties agree that Students participating in the Field Experience Program are at all times acting as independent contractors and that Students are not and will not be considered employees of the Field Site or any of its subsidiaries or affiliates by virtue of a Students' participation in the Field Experience Program and shall not as a result of Students' participation in the Field Experience Program, be entitled to compensation, remuneration or benefits of any kind. . E. The Field Site and Lee agree that Students will have equal access to their respective programs and facilities and that the parties shall not discriminate against Students or other persons based on race, color, sex, age, religion or creed, marital status, disability, national or ethnic origin, socioeconomic status, veteran status, sexual orientation or other legally protected status. F. The terms and conditions of this Agreement may be amended only by written instrument executed by both parties. Qt. WOR ORCE IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, effective the date first above written: THE LEE COLLEGE DISTRICT: 4ONTEMS. -F7- ' ' �1- Signature Signature �- ";� a �e L4e: � e - Name Name Title Title Date Date