HomeMy WebLinkAboutRES 16-137RESOLUTION NO. 16-137
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 Public
Health Department and Lamar University for clinical experience and educational
purposes under the supervision of the Public Health Department. 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 2nd day of
August, 2016.
1
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I
Olayor Beck mes -
p1 LAMAR UNIVERSITY
MEMBER THE TEXAS STATE UNIVERSITY SYSTEM"
MASTER CLINICAL AFFILIATION AGREEMENT
BETWEEN
LAMAR UNIVERSITY
AND
City of Beaumont
This Affiliation Agreement ("this Agreement") is made and entered into this 15 day of August 12016
(the "Effective Date"), between Lamar University, an institution of higher education in the State of Texas and a
component of The Texas State University System, ("University'), which is located at 4400 MLK Parkway, Beaumont,
Texas 77710 and City of Beaumont Public Health Department ("Facility"), which is
located at 3040 College Street, Beaumont, Texas 77701
University and Facility shall be known collectively as "the Parties" and singularly as "a Party" or "the Party." This
Agreement incorporates by reference the attached Program Addendum ("Program Addendum") and expressly includes
any additional terms and conditions stated in the Program Addendum, as if set out herein. In case of a conflict between
this Agreement and any Program Addendum, this Agreement shall control. Each Program Addendum shall constitute
a separate and independent contract between the parties and may have a term shorter than this Agreement.
WHEREAS, Facility owns and operates a business and has a commitment to training students.
WHEREAS, University has established and sponsors certain accredited programs for students and seeks to
educate students by providing and coordinating educational and clinical practice sites for qualified students
("Students") and,
WHEREAS, the Parties recognize that they have certain objectives in common to educate and train students
in particular fields as identified in the Program Addendum and seek to provide clinical and educational experiences
for Students enrolled in the University's undergraduate and graduate programs by utilizing the Facility for said
purposes.
NOW THEREFORE, the Parties agree as follows:
ARTICLE 1 — TERM AND TERMINATION
(1) This Agreement shall commence on the Effective Date and shall be in full force and effect for three (3) years,
unless sooner terminated by mutual consent of the Parties, or by any Party hereto giving the other Party
written notice of termination in accordance with the Terms of this Agreement. This Agreement shall
automatically renew for two successive one (1) year periods, unless earlier terminated by either Party.
(2) Either Party may terminate this Agreement without cause at any time upon sixty (60) days written notice to
the other Party.
(3) Notwithstanding any automatic renewal, this Agreement shall automatically terminate five (5) years from its
Effective Date.
(4) In the event that either Party terminates this Agreement, the Parties agree that no termination shall be effective
with regard to Students currently participating or enrolled in an ongoing clinical education experience until
such Students are allowed to complete any previously scheduled clinical assignments then in progress at
Facility. In such an event, all applicable provisions of this Agreement shall remain in force until the end of
the clinical education experience.
(5) The University may terminate this Agreement effective upon delivery of written notice to the Facility, or at
such later date as may be stated in the notice, if any license, permit, certificate or accreditation required of
Facility by law, rule or regulation, or by the terms of this Agreement, is for any reason denied, removed,
suspended, or not renewed.
Rev. 09.15 EXHIBIT "A" Page 1 of 8
ARTICLE 2 — RESPONSIBILITIES OF UNIVERSITY
University shall:
(1) Appoint a Program Liaison and timely inform Facility of the name, address, email address and phone number
of said Program Liaison who will be available to assist Students and Facility personnel. The Program Liaison
will be responsible for maintaining ongoing contact with Facility's designated representative.
(2) Provide the educational direction of the Program as well as the placement and basic preparation of Students
through classroom instruction and identification of educational and clinical objectives. University shall
further direct the Program in accordance with all guidelines established by local, state or national
associations, as well as develop, organize, and assist Facility in implementing and operating a Program that
is suitable to each Student, including Students with disabilities.
(3) Obtain from Facility the name, address, email address and phone number of Facility's designated
representative and acquaint Facility's designated representative with methods, objectives, goals, and specifics
of the Program as outlined in the Program Addendum.
(4) Ensure that each Student assigned to Facility pursuant to this Agreement is enrolled in the Program with the
University.
(5) Recruit, screen, evaluate, select and assign to Facility only Students who have fulfilled all prerequisites for
training or clinical educational experience and provide Facility with information requested by Facility about
the Student, to the extent not prohibited by the Family Educational Rights and Privacy Act (FERPA), U.S.C.
§ 1232g; 34 CFR Part 99, or other applicable state or federal law. Facility is not authorized to redisclose any
FERPA or other protected information.
(6) If required by Facility, University shall notify students of Facility's requirements to obtain the necessary
criminal background check prior to assignment, but University shall not be required to conduct drug testing
or criminal background checks for students. The University shall instruct students to either Facility's
approved vendor(s) or to a third party vendor at Student's sole cost and expense for the purposes of
performing drug testing, health care and criminal background checks. All results will be submitted by the
vendor to the Facility without involvement by the University.
(7) Coordinate with Facility to determine the number of Students to be placed at Facility, the duration of such
placement/assignment; the number of hours the Facilities will be available and assign only the number of
Students mutually agreed upon by Facility and University. University will notify Facility as soon as possible
of the names and arrival dates of Students.
(8) To the extent applicable to the Program Addendum and required by Facility, require that Students and faculty
who participate in the Program obtain and provide proof of professional liability insurance coverage in
reasonable minimum amounts that are acceptable to Facility as outlined in the Program Addendum attached
hereto.
(9) To the extent applicable to the program, inform Students of Facility's immunization and vaccination
requirements, Occupational Safety and Health Administration ("OSHA") blood borne pathogen and
tuberculosis training, prevention, and post -exposure treatment.
(10) Inform Students of their obligation to provide transportation, appropriate supplies, uniforms and health
insurance, as applicable.
(11) Inform Students of their responsibility to adhere to all applicable administrative policies, rules, standards,
schedules, and practices of Facility and University, and attend orientation as applicable.
(12) Inform Students and Faculty members who are supervising Students about their obligation to maintain
confidentiality of all Facility matters, proceedings, and information to the extent required by law, including,
but not limited to client records and information. This confidentiality provision shall survive termination of
this Agreement.
Rev. 09.15 Page 2 of 8
(13) Upon notice, inform Facility of any adverse circumstances to which Facility may be exposed because of the
activities or health status, including the mental health status, of a Student.
(14) Upon notice, notify Facility of any complaint, claim, investigation, involving a Student, faculty or Facility
representative or employee that is related to the educational or clinical experiences provided under this
Agreement, to the extent permitted by law.
(15) Accept the overall responsibility for the education, evaluation, qualifications, and competency development
of each Student and be solely responsible for the determination of a grade representative of the Student's
performance in the placement using the evaluation and observation of the Facility Liaison as well as other
objectives identified by the University.
ARTICLE 3 — RESPONSIBILITIES OF FACILITY
Facility shall:
(1) Designate a qualified Facility Liaison and timely inform University of the name, address, email address and
phone number of said Facility Liaison who will be available to assist University personnel and Students of
the Program. The Facility Liaison will be responsible for maintaining ongoing contact with University's
designated representative and providing instruction and supervision of the Students based in the Facility.
(2) Provide facilities necessary to support the Program(s) for the training and qualifying of Students in the
Program as identified in the Program Addendum; provide a supervised learning experience for Students in
accordance with agreed upon leaming objectives, skill development areas, learning experiences, and intended
learning outcomes.
(3) Provide University's Program Liaison (or other designee) and Students, as necessary, with periodic
performance information and tender a end -of -semester evaluation for Students.
(4) Immediately report any unsatisfactory conduct or performance of a Student to the University's Program
Liaison.
(5) Permit designated faculty members the right to visit with Students and Facility liaisons/supervisors at Facility
regarding the progress of Students participating in the Program at Facility.
(6) Provide Students with essential conditions and materials for their work (including safety equipment as
necessary), including direct supervision, space, privacy, participation in appropriate activities, access to
conference rooms for student education, office space for Program Liaisons, locker rooms or other secure
space for faculty and students to store materials while on assignment, access to libraries and cafeteria (subject
to any applicable fees or charges as are customarily charged to any other person), technological supports and,
reimbursements for work-related expenses, where applicable.
(7) Provide an atmosphere for learning that is supportive and free of discrimination based, on race, color, national
origin, religion, gender, age, disability, gender identity or sexual preference.
(8) Provide Students with information regarding policies and procedures of Facility, and with orientation
experiences to ensure that Students will be able to meet the requirement of Facility.
(9) To the extent possible, provide Students with initial emergency care in case of accidents.
(10) Timely notify University of any complaint, claim, investigation, involving a Student, faculty or Facility
representative or employee that is related to the educational or clinical experiences provided under this
Agreement. Facility shall further have the right to request immediate removal of any student from its
premises upon a determination by the administrator in charge that the Student poses a threat to the health,
safety or welfare of Facility's patients, clients or personnel or to the orderly business function of the Facility.
Facility has no authority to remove a student from a Program.
(11) Notify University timely if Facility's license, permit or accreditation is revoked or in jeopardy to allow for
students to be timely placed in other facilities.
Rev. 09.15 Page 3 of 8
ARTICLE 4 — RESPONSIBILITIES OF THE PARTIES
The Parties mutually agree that:
(1) University and Facility will work together to select and assign learning experiences for Students, and will
further provide for teaching, evaluation, overall supervision, and record keeping of Students.
(2) University and Facility will consult as necessary to ensure that the Program meets acceptable standards of
care and provides Students participating in the Program with the necessary clinical and educational training
to successfully meet the requirements for the degree program for which the Students are enrolled.
(3) University and Facility will meet as necessary to discuss issues of mutual concern and to make such
suggestions and changes as are needed to achieve the objectives of the program.
(4) Neither Party's Students nor personnel shall be considered employees, agents, borrowed servants, partners,
or joint ventures of the other Party. Nothing herein shall be construed to create a joint venture, partnership,
association or like relationship between the parties. Neither Party will assume any liability under any law
relating to Workers' Compensation for the other Party's employees or students performing under this
Agreement. Students and faculty of University shall not be entitled to any monetary or other remuneration
for services performed by them at the Facility arising out of their participation under this Agreement, nor will
Facility or University have a monetary obligation to one another by virtue of this Agreement. Nothing in
this Agreement is to be construed as transferring responsibility from on Party to another.
(5) Facility is not responsible for wages, social security taxes, medical insurance, hospitalization insurance, or
workers' compensation insurance for Students. In the event a Student should, independent of this Agreement,
be employed by Facility, this section and the preceding section shall not apply during the hours in which such
Student is performing services as an employee of Facility.
(6) In the event of any dispute arising under or relating to this Agreement, the Parties shall make a good faith
attempt to resolve such dispute by mediation on such terms as the Parties find acceptable. Each Party shall
bear the costs of its own legal fees and expenses.
(7) If any situation arises that may threaten a Student's successful completion of the placement, the parties will
discuss and attempt to reach a mutual agreement with the Student regarding options for completing,
rescheduling or cancelling the placement.
(8) Feeility agrees to indemnify
demageg, eqtpenses, and
UniYergity, its affiliates, and their respeetive
demands,
atterneys' fees asserted er adjudged against
effieers, direetam, employees ftnd
eauseg of oetion, liabilities, eaqfs,
or inetim-ed by �4ftiN-ersity resulting &afn
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of aetion, liabilifieg, eests, damageg,
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of aetion, liabilifieg, eests, damageg,
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indireefly>
itt jqer-f�fqiii"g
its abligations
faeulty.
under this Agreement arising diteeily e
Nothing in this Agreement the Uneyersity'
eat ofthe aefs or emissions
liability beyefid t4ie liability or atither-it-y
ef9taffer
pmvided
in the
extendq
Gensfitefien and laws of the Rate OfTeitas. q4te-
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and stattifery
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> but nef limited to, these tems and eanditietts
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>disekkimers
and liFflitatieng of iegai rights, remedies,
sefdemeM to another , liability
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laws efthe State efTwtas.
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to the extent aethef-ited by the Ganstifutien and
Rev. 09.15 Page 4 of 8
(10) There shall be no unlawful discrimination in either the selection of Students for the Program or as to any
aspect of their training or clinical educational experience on the basis of race, color, national origin, religion,
gender, age, veteran status, gender identity, sexual orientation, political affiliation or disability. In their
execution of this agreement, all contractors, subcontractors, their respective employees, and others acting by
or through them shall comply with all federal and state policies and laws prohibiting discrimination,
harassment, and sexual misconduct. Any breach of this covenant may result in termination ofthis agreement.
ARTICLE 5 — GENERAL PROVISIONS
(1) The Parties agree that this Agreement will be construed by the laws of the State of Texas.
(2) In the event that legislation is enacted or regulations are promulgated or a decision of a court or administrative
tribunal is rendered which affects or may affect the legality of this Agreement or adversely affect the ability
of either Party to perform its obligations or receive the benefits intended hereunder, then, within thirty (30)
days following notice, each party will negotiate in good faith an amendment to this Agreement which will
carry out the original intention of the Parties to the extent possible in light of such legislation, regulation or
decision, and each Party will execute such amendment. In the event that the parties cannot reach agreement
on the terms and provisions of any such amendment within sixty (60) days following notice provided in this
paragraph, this Agreement may be terminated upon not lets than thirty (30) days' prior written notice of
termination.
(3)
(4)
(5)
(6)
(7)
The Parties agree not to use the other Party's name, likeness, images in any advertising, promotional material,
press release, publication, public announcement or other media, oral or written, without the written consent
of the other Party.
The terms and conditions of this Agreement may be modified only upon mutual written consent of the Parties
at any time.
Any notice required or permitted under this Agreement shall be considered effective as of the date sent by
certified mail, return receipt requested, as follows:
FACILITY:
Public Health Director
Beaumont Public Health Dept.
3040 College Street
Beaumont, TX 77701
UNIVERSITY:
Lamar University
Dean, College of Arts & Sciences
4400 MLK Parkway
Beaumont, Texas 77710
Email: stacie.granger(cD-lamar.edu
Neither Party may assign any rights or obligations under this Agreement without prior written consent of the
other Party. However, nothing herein prevents any Party from entering into other agreements and affiliations.
Each Party represents that the execution of this Agreement has been duly authorized.
(8) If any part of this Agreement should be determined to be invalid, illegal, inoperative, or contrary to applicable
law, statute, regulation, or University or Facility policies, that part of this Agreement shall be reformed, if
reasonably possible, to comply with the applicable policies, provisions of law, statute, or regulation, and, in
any event, the remaining parts of this Agreement shall be fully effective and operative insofar as reasonable
possible.
(9) No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any other
provision, unless in writing. No delay in acting with regard to any breach of any provision shall be construed
to be a waiver of such breach.
Rev. 09.15 Page 5 of 8
(10) Neither Party shall be liable nor deemed to be in default for any delay or failure in performance under this
Agreement or other interruption of service deemed resulting, directly or indirectly, from acts of God, acts of
public enemy, war, accidents, fires, explosions, hurricanes, floods, failure of transportation, strikes, or other
work interruptions by either Party's employees, or any similar cause beyond the reasonable control of either
Party.
(11) This Agreement is entered into by and between the Parties hereto and for their benefit. Unless explicitly
provided in this Agreement, there is no intent by either Party to create or establish third Party beneficiary
status or rights in any third Party, and no such third Party shall have any right to enforce any right or enjoy
any benefit created or established under this Agreement.
(12) This Agreement shall bind and benefit the respective Parties and their legal successors.
(13) This Agreement shall constitute the complete understanding of the Parties related to the subject matter
contained herein and supersedes all prior agreements, proposals, or understandings, whether written or oral.
IN WITNESS THEREOF, this Agreement, in multiple originals, each of equal force, has been executed on behalf
of the Parties hereto as follows:
FACILITY:
Signature Date
Printed Name: Kyle Hayes
Title: City Manager
IVAAAA6., l,( ffi&&,= Iia 40
Signature /'
Printe Name: n#QL
5 i�i� !�
I
Title:�bAg_-0-r
LAMAR UNIVERSITY:
ign ture Date
Printed Name: Dr. James Marquart
Title: Provost and Vice President
7 6l
ignature Date
Printed Name: Ashley Scott
Title: Assistant Director of Contract Management
Note. Modification of This Form Requires Written Approval of lite Office of General Counsel
Rev. 09.15 Page 6 of 8
r—
��1 LAMAR UNIVERSITY
MEMBER THE TEXAS STATE UNIVERSITY SYSTEM-
PROGRAMADDENDUM
to
MASTER CLINICAL AFFILIATION AGREEMENT
BETWEEN
LAMAR UNIVERSITY
AND
City of Beaumont Public Health Department
WHEREAS, Lamar University, an institution of higher education in the State of Texas and a component of The Texas
State University System, ("University"), which is located at 4400 S. MLK Parkway, Beaumont, Texas 77710 and
City of Beaumont Public Health Department ("Facility"), which is located at
3040 College Street, Beaumont, Texas 77701 , executed
an Affiliation Agreement effective on August 15 2016 . University and Facility shall be known
collectively as "the Parties" and singularly as "a Party" or "the Party."
WHEREAS, University and Facility desire to implement the provisions of such Affiliation Agreement by providing
students enrolled in University's Nursing Programs
With educational and clinical experience utilizing the personnel, equipment and facilities of Facility.
NOW THEREFORE, subject to the terms, conditions and provisions of such Affiliation Agreement, the Parties agree
as follows:
PROGRAM
Facility is a business engaged in public health services
University has established and sponsors a Nursing program for students and seeks to educate students
by providing and coordinating educational and clinical practice sites for qualified students for the completion of the
training offered by the University, subject to applicable accreditation standards and regulations.
The University's Nursing program is a (choose one below):
2-3 -year program -month program
designed to provide quality nursing education relevant to a changing profression, society and healthcare environment,
educating students to become qualified, competent, professional nurses who are prepared for practice.
Standards for the Nursing program include a spirit of caring, continual inquiry, creativity and integrity
promoted through teaching, scholarship, leadership and service.
ADDITIONAL REQUIREMENTS FOR THE PROGRAM
Insurance: The University will require its Students and faculty involved in the performance of the Affiliation
Agreement to maintain professional liability insurance or self-insurance covering their activities under this Agreement.
Prior to each Student's assignment to Facility, the University will furnish Facility with evidence that each Student and
faculty member/representative has in effect professional liability insurance coverage of not less than $1,000,000 per
incident and $3,000,000 in the aggregate. The University will issue the Facility certificates of insurance as evidence
that Students and faculty have current professional liability insurance and will be kept current while such person is
assigned to the Facility. University will inform Facility immediately of each renewal, cancellation or change in the
content or amount of such coverage.
This section regarding insurance is not applicable to the Program identified above.
Immunizations: The University will inform Students of Facility's immunization and vaccination requirements and
notify all Students participating in clinical education experiences involving patient contact or exposure to patient their
obligation to comply with immunization requirements.
QThis section regarding immunizations is not applicable to the Program identified above.
Rev. 09.15 Page 7 of 8
Protected Health Information and the Health Insurance Portability and Accountability Act: The University
shall advise faculty and Students of the requirement to sign a Health Insurance Portability and Accountability Act
("HIPPA") agreement for the Facility. Students and faculty agree not to use or disclose Protected Health Information
of Facility's clients (hereinafter referred to as "PHI") obtained during the course of its work, other than for purposes
of (a) performing duties under this agreement, (b) management and administration of University, but only when such
would not violate HIPAA or any other federal or state law, or (c) carrying out legal responsibilities of University.
University represents to Facility that it has implemented what it considers to be appropriate safeguards to protect such
PHI and that such safeguards comply with HIPAA and any other similar law intended to protect the confidentiality of
PHI. University will immediately report to Facility any use or disclosure of such PHI not authorized by this Agreement
and assist in mitigating any harmful effects cause by violations ofthese provisions ofwhich University has knowledge.
University agrees that any material violation of these confidentiality provisions entitles Facility to terminate this
Agreement immediately upon written or other notice.
QThis section regarding PHI/HIPAA is not applicable to the Program identified above.
Infection Control: The University shall provide to Facility evidence of current tuberculosis screening prior to any
representative or Student providing services to Facility under the terms of the Affiliation Agreement. University shall
be responsible for notifying all employees or Students performing under the Affiliation Agreement of any on-going
screening requirements for tuberculosis and maintain adequate records of current tuberculosis screens pursuant to
guidelines established by law. If Facility suspects that faculty or Students providing services under this Agreement
have been exposed to or have a positive screening for a communicable disease, Facility must respond according to the
current CDC guidelines and keep documentation of the action taken. Facility will conduct and document a
reassessment of the risk classification. Facility will conduct and document subsequent screening based upon the
reassessed risk classification.
This section regarding infection control is not applicable to the Program identified above.
Criminal Background Check/Drug Testing: University will inform Students and faculty of Facility's requirements
to obtain the necessary criminal background check/drug testing prior to assignment, but University shall not be
required to conduct drug testing or criminal background checks for students. The University shall instruct students to
either Facility's approved vendor(s) or to a third party vendor at Student's sole cost and expense for the purposes of
performing drug testing, health care and criminal background checks. All results will be submitted by the vendor to
the Facility without involvement by the University.
This section regarding background checks is not applicable to the Program identified above.
Screening: The University shall screen its faculty and Students performing under the Affiliation Agreement to ensure
that none are ineligible to participate in federal or state healthcare programs. If during the term of the Affiliation
Agreement anyone becomes an Ineligible Person, University will immediately notify Facility.
QThis section regarding screening is not applicable to the Program identified above.
Other:
Rev. 09.15 Page 8 of 8