Loading...
HomeMy WebLinkAboutRES 17-093RESOLUTION NO. 17-093 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to update and execute a memorandum of agreement with CHRISTUS Saint Elizabeth Hospitals of Southeast Texas, which is providing shelter and support facilities for City of Beaumont personnel and equipment during times of emergency operations. The memorandum of agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. 30524.2 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT AND CHRISTUS ST. ELIZABETH HOSPITAL This Memorandum of Understanding ("MOU") entered into and effective this 1st day of September, 2016 ("Effective Date") by and between the City of Beaumont on behalf of the Beaumont Police Department ("BPD") and CHRISTUS Health Southeast Texas, a non-profit Texas corporation, d/b/a CHRISTUS St. Elizabeth Hospital ("Hospital"). Hereinafter individually may be referred to as a "Party" and collectively as the "Parties". This MOU describes each party's responsibilities and duties as it pertains to the sheltering and care of up to fifty (50) members of the BPD, including an emergency services unit and staff members of the Beaumont Public Health Department, in emergencies and disasters. The emergency or disaster may be an "external" or "internal" event for either party and assumes that each affected party's emergency management plans have been fully implemented. This document addresses the relationships between and among the parties and is intended to augment, not replace, each entity's disaster plan. This MOU provides the framework for the Hospital to provide emergency shelter and refuge services to the BPD during the disaster or emergency. This document does not replace but rather supplements the rules and procedures governing interaction with other organizations during a disaster (e.g., law enforcement agencies, the local emergency medical services, local public health department, fire departments, American Red Cross, etc.). By signing this Memorandum of Understanding each party is evidencing its intent to abide by the terms of the MOU in the event of a disaster as described above. The terms of this MOU are to be incorporated into both the BPD and Hospital's emergency management plans. NOW THEREFORE, for in consideration of the premises and mutual understandings contained herein, the parties to this MOU understand that: I. PURPOSE: This MOU outlines actions of the Hospital for sheltering applicable BPD personnel in case of disaster, particularly with regard to anticipated hurricane strikes to this region. This written memorandum supports emergency preparedness and facilitates available reimbursement for this support during the recovery phase; 2. STATE DISASTER: Both parties agree the duties and responsibilities contained within this MOU are intended for the circumstances involving a State -declared emergency or disaster; 3. AUTHORITY: Approval by Hospital administration, the Beaumont Police Department Chief of Police and the City of Beaumont City Manager. EXHIBIT "A" 4. GENERAL: a. SCOPE: This Memorandum of MOU provides documentation for support between the BPD and the Hospital. Actions and MOUs herein apply only to the participating parties and are not intended to supersede existing regulations or MOUs. Further, it does not mandate nor require BPD to shelter at the Hospital, nor require Hospital to shelter the BPD during an emergency, but provides the terms for sheltering BPD personnel only, for up to seventy-two (72) hours. If any term of this MOU is inconsistent with applicable laws, regulations or statutes, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. b. ASSUMPTIONS: (1) BPD will establish an on -scene command post, and shelter up to fifty {50) officers as manpower allotments require that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (2) BPD will provide immediate armed emergency response or full tactical emergency response including equipment if needed within the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (3) BPD personnel and equipment will be allowed unrestricted and unescorted entry to the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (4) BPD vehicles will be allowed space available and at a minimum all driveways in the parking garage next to Harrison St near the intersection of 11 th St. (5) Notification by BPD personnel of intent to initiate shelter operations at the Hospital will be made as early as the need becomes evident, or when mandatory evacuation are announced for hurricane -related disasters. (6) Upon initiation of shelter operations, a BPD officer will respond to the Hospital to coordinate with Hospital staff and assist in maintaining adequate access to parking garage space as manpower allows. (7) Hospital will provide space for BPD responder's equipment and vehicles in the parking garage as available, but at a minimum, all driveways therein. Specific plans will be made to reserve the Harrison parking garage for police use only. (8) In the event BPD assistance is desired, contact may be made in person, or through the police dispatch emergency line, 832-1234, or non -emergency line, 880-3865 if communication lines are operational. (9) Hospital will provide one consolidated space within the new wing addition to the hospital for up to fifty (50) BPD personnel, on the second or higher floor that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (10) Hospital will make provisions to minimize employee use and transit of provided shelter space. (11) Hospital, if able, will provide sufficient beds, one set of linen, and three meals per day as applicable to the,circumstances of the declared emergency or disaster, 30524.2 BPD retains command and control authority over all assigned BPD personnel emergency unit and staff members of the Beaumont Health Department, but not over any Hospital employees, associates, patients or patient family members or associates. 5. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this MOU. (2) MAINTENANCE: Both parties will be responsible for maintenance of their respective equipment or facilities. (3) SUPPLY: Both parties will be responsible for any supplies they may require. Beds, linen and food will only be provided by the Hospital if applicable supplies are available. (4) TRANSPORTATION: Both parties will be responsible for their own transportation. (5) MANPOWER: Both Parties will be required to supply its own manpower. 6. OPERATIONAL SUPPORT: No operational support is anticipated at this time. 7. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party in writing 30 days in advance requesting termination. The MOU will be reviewed every three years from the effective date. 8. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in any respect except by written MOU executed by the Hospital and the BPD in the same manner as this MOU is executed. This MOU shall not be assigned, directly or indirectly, by the BPD. Any attempted assignment by the BPD shall be void and of no force or effect. This MOU is freely assignable by the Hospital to any successor entity or any entity related by ownership or control. 9. TRAINING: Both parties will develop applicable procedures to train and exercise their organizations and staff to ensure that the procedures and activities discussed herein will be tested, evaluated, and revised annually as needed. 10. PLANNING. Both parties will undertake a continuing program of cooperative planning and coordination to explore, identify, and resolve potential hindrances and obstacle to effectual cooperation in preparedness, response and recovery phases of the sheltering, refuge and potential care of BPD personnel during emergencies and disasters. 11. COMPLIANCE. Each party recognizes and acknowledges that each party will have access to certain confidential and proprietary information of both the Hospital and the BPD and that such information constitute valuable, special and unique property of each party. Therefore, each party represents and warrants that neither the BPD, Personnel nor the Hospital will, during or after the term of this MOU, without the prior written consent of the applicable party, disclose any such confidential or proprietary information to any other person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, except as may be ordered by a court or governmental BPD or as may 3therwise be required by law. Each party further agrees that should this MOU terminate, BPD and Personnel will neither remove nor retain any papers, records, files, computer programs or software, other documents or copies thereof, or other confidential or proprietary information of any kind belonging to the Hospital. BPD shall instruct all BPD Personnel that the Hospital requires adherence to the doctrinal and moral tradition of the Roman Catholic Church as expressed in the Ethical and Religious Directives for Catholic Care Services and the Hospital's ethical policies, which will be provided to BPD to be communicated with BPD Personnel. BPD and BPD Personnel will comply with all applicable federal, state and local laws, rules, regulations and guidelines, as may be amended from time to time. BPD and BPD Personnel shall comply with the rules and regulations of the Health Insurance Portability and Accountability Act ("HIPAA"), governing the privacy and security of health information. To the extent required by applicable law, BPD and BPD Personnel shall implement and maintain such privacy and security safeguards as necessary to ensure that Protected Health Information is adequately protected from unauthorized access. 12. ENTIRE MOU. This MOU constitutes the entire MOU between the parties with respect to the subject matter hereof and all prior MOUs, communications, representations, or inducements, whether oral or written, not specifically expressed herein, shall be of no effect and are merged into this MOU. 13. NOTICES. Any and all notices or demands permitted or required by or under this MOU shall be in writing and may be hand delivered, telecopied or delivered by United States Certified Mail, Return Receipt Requested. Any notice or demand delivered by hand or telecopied shall be deemed made and delivered on the date hand delivered or telecopied. Any notice or demand delivered by United States Certified Mail shall be deemed made and delivered on the date of receipt, as evidenced by the addressee's signature on the return receipt, or, if such letter is refused or unclaimed, the notice, demand or payment shall be deemed made and delivered as of 12:00 noon on the third (3rd) business day following the date such letter was deposited into a depository for the mail, properly addressed, postage prepaid, to the other party at the address set forth below, or to such other address as either party may properly notify and designate in writing to the other party. Beaumont Police Department, Tim Ocnaschek, Emergency Management Coordinator (EMC), 255 College, Beaumont, Texas 77701.24/7 Phone number (409) 880-3865. Beaumont Police Department, Mike Custer, Deputy EMC, 700 Orleans, Beaumont, Texas 77701. Phone numbers: (409) 980-7275 or 24/7 contact (409) 880-3865. Hospital, Jack Patrick Briggs, Regional Director of Risk Management, 2830 College, Beaumont, Texas 77702; Phone numbers: (409) 899-7055, fax 899-7493. 14. REPRESENTATION. BPD represents that it will direct its employees not to in any way interfere, deter or prevent the Hospital from providing medical care services to its patients while the Hospital is providing the refuge and sheltering of BPD Personnel, and, to the extent allowed under Texas law, will indemnify Hospital for any losses caused by the acts or omissions of its employees while sheltering at the Hospital under the terms of this MOU. 30524.2 A 3'ROVED B JAMES P. SINGLETARY Chief of Police Beaumont Police Department Date: KYLE HAYES City Manager City of Beaumont Date: 30524.2 JACK PATRICK BRIGGS Regional Director of Risk Management Christus St. Elizabeth Hospital Date: PAUL TREVINO CEO Christus Hospital Date: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT AND CHRISTUS ST. ELIZABETH HOSPITAL This Memorandum of Understanding ("MOU") entered into and effective this 1st day of September, 2016 ("Effective Date") by and between the City of Beaumont on behalf of the Beaumont Police Department ("BPD") and CHRISTUS Health Southeast Texas, a non-profit Texas corporation, d/b/a CHRISTUS St. Elizabeth Hospital ("Hospital"). Hereinafter individually may be referred to as a "Party" and collectively as the "Parties". This MOU describes each party's responsibilities and duties as it pertains to the sheltering and care of up to fifty (50) members of the BPD, including an emergency services unit and staff members of the Beaumont Public Health Department, in emergencies and disasters. The emergency or disaster may be an "external" or "internal" event for either party and assumes that each affected party's emergency management plans have been fully implemented. This document addresses the relationships between and among the parties and is intended to augment, not replace, each entity's disaster plan. This MOU provides the framework for the Hospital to provide emergency shelter and refuge services to the BPD during the disaster or emergency. This document does not replace but rather supplements the rules and procedures governing interaction with other organizations during a disaster (e.g., law enforcement agencies, the local emergency medical services, local public health department, fire departments, American Red Cross, etc.). By signing this Memorandum of Understanding each party is evidencing its intent to abide by the terms of the MOU in the event of a disaster as described above. The terms of this MOU are to be incorporated into both the BPD and Hospital's emergency management plans. NOW THEREFORE, for in consideration of the premises and mutual understandings contained herein, the parties to this MOU understand that: I. PURPOSE: This MOU outlines actions of the Hospital for sheltering applicable BPD personnel in case of disaster, particularly with regard to anticipated hurricane strikes to this region. This written memorandum supports emergency preparedness and facilitates available reimbursement for this support during the recovery phase; 2. STATE DISASTER: Both parties agree the duties and responsibilities contained within this MOU are intended for the circumstances involving a State -declared emergency or disaster; 3. AUTHORITY: Approval by Hospital administration, the Beaumont Police Department Chief of Police and the City of Beaumont City Manager. 30524.2 4. GENERAL: a. SCOPE: This Memorandum of MOU provides documentation for support between the BPD and the Hospital. Actions and MOUs herein apply only to the participating parties and are not intended to supersede existing regulations or MOUs. Further, it does not mandate nor require BPD to shelter at the Hospital, nor require Hospital to shelter the BPD during an emergency, but provides the terms for sheltering BPD personnel only, for up to seventy-two (72) hours. If any term of this MOU is inconsistent with applicable laws, regulations or statutes, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. b. ASSUMPTIONS: (1) BPD will establish an on -scene command post, and shelter up to fifty (50) officers as manpower allotments require that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (2) BPD will provide immediate armed emergency response or full tactical emergency response including equipment if needed within the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (3) BPD personnel and equipment will be allowed unrestricted and unescorted entry to the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (4) BPD vehicles will be allowed space available and at a minimum all driveways in the parking garage next to Harrison St near the intersection of I Ph St. (5) Notification by BPD personnel of intent to initiate shelter operations at the Hospital will be made as early as the need becomes evident, or when mandatory evacuation are announced for hurricane -related disasters. (6) Upon initiation of shelter operations, a BPD officer will respond to the Hospital to coordinate with Hospital staff and assist in maintaining adequate access to parking garage space as manpower allows. (7) Hospital will provide space for BPD responder's equipment and vehicles in the parking garage as available, but at a minimum, all driveways therein. Specific plans will be made to reserve the Harrison parking garage for police use only. (8) In the event BPD assistance is desired, contact may be made in person, or through the police dispatch emergency line, 832-1234, or non -emergency line, 880-3865 if communication lines are operational. (9) Hospital will provide one consolidated space within the new wing addition to the hospital for up to fifty (50) BPD personnel, on the second or higher floor that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (10) Hospital will make provisions to minimize employee use and transit of provided shelter space. (11) Hospital, if able, will provide sufficient beds, one set of linen, and three meals per day as applicable to the circumstances of the declared emergency or disaster, 30524.2 BAD retains command and control authority over all assigned BPD personnel emergency unit and staff members of the Beaumont Health Department, but not over any Hospital employees, associates, patients or patient family members or associates. 5. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this MOU. (2) MAINTENANCE: Both parties will be responsible for maintenance of their respective equipment or facilities. (3) SUPPLY: Both parties will be responsible for any supplies they may require. Beds, linen and food will only be provided by the Hospital if applicable supplies are available. (4) TRANSPORTATION: Both parties will be responsible for their own transportation. (5) MANPOWER: Both Parties will be required to supply its own manpower. 6. OPERATIONAL SUPPORT: No operational support is anticipated at this time. 7. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party in writing 30 days in advance requesting termination. The MOU will be reviewed every three years from the effective date. 8. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in any respect except by written MOU executed by the Hospital and the BPD in the same manner as this MOU is executed. This MOU shall not be assigned, directly or indirectly, by the BPD. Any attempted assignment by the BPD shall be void and of no force or effect. This MOU is freely assignable by the Hospital to any successor entity or any entity related by ownership or control. 9. TRAINING: Both parties will develop applicable procedures to train and exercise their organizations and staff to ensure that the procedures and activities discussed herein will be tested, evaluated, and revised annually as needed. 10. PLANNING. Both parties will undertake a continuing program of cooperative planning and coordination to explore, identify, and resolve potential hindrances and obstacle to effectual cooperation in preparedness, response and recovery phases of the sheltering, refuge and potential care of BPD personnel during emergencies and disasters. 11. COMPLIANCE. Each party recognizes and acknowledges that each party will have access to certain confidential and proprietary information of both the Hospital and the BPD and that such information constitute valuable, special and unique property of each party. Therefore, each party represents and warrants that neither the BPD, Personnel nor the Hospital will, during or after the term of this MOU, without the prior written consent of the applicable party, disclose any such confidential or proprietary information to any other person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, except as may be ordered by a court or governmental BPD or as may otherwise be required by law. Each party further agrees that should this MOU terminate, 30524.2 BPD and Personnel will neither remove nor retain any papers, records, files, computer programs. or software, other documents or copies thereof, or other confidential or proprietary information of any kind belonging to the Hospital. BPD shall instruct all BPD Personnel that the Hospital requires adherence to the doctrinal and moral tradition of the Roman Catholic Church as expressed in the Ethical and Religious Directives for Catholic Care Services and the Hospital's ethical policies, which will be provided to BPD to be communicated with BPD Personnel. BPD and BPD Personnel will comply with all applicable federal, state and local laws, rules, regulations and guidelines, as may be amended from time to time. BPD and BPD Personnel shall comply with the rules and regulations of the Health Insurance Portability and Accountability Act ("HIPAA"), governing the privacy and security of health information. To the extent required by applicable law, BPD and BPD Personnel shall implement and maintain such privacy and security safeguards as necessary to ensure that Protected Health Information is adequately protected from unauthorized access. 12. ENTIRE MOU. This MOU constitutes the entire MOU between the parties with respect to the subject matter hereof and all prior MOUs, communications, representations, or inducements, whether oral or written, not specifically expressed herein, shall be of no effect and are merged into this MOU. 13. NOTICES. Any and all notices or demands permitted or required by or under this MOU shall be in writing and may be hand delivered, telecopied or delivered by United States Certified Mail, Return Receipt Requested. Any notice or demand delivered by hand or telecopied shall be deemed made and delivered on the date hand delivered or telecopied. Any notice or demand delivered by United States Certified Mail shall be deemed made and delivered on the date of receipt, as evidenced by the addressee's signature on the return receipt, or, if such letter is refused or unclaimed, the notice, demand or payment shall be deemed made and delivered as of 12:00 noon on the third (3rd) business day following the date such letter was deposited into a depository for the mail, properly addressed, postage prepaid, to the other party at the address set forth below, or to such other address as either party may properly notify and designate in writing to the other party. . Beaumont Police Department, Tim Ocnaschek, Emergency Management Coordinator (EMC), 255 College, Beaumont, Texas 77701.24/7 Phone number (409) 880-3865. Beaumont Police Department, Mike Custer, Deputy EMC, 700 Orleans, Beaumont, Texas 77701, Phone numbers: (409) 980-7275 or 24/7 contact (409) 880-3865. Hospital, Jack Patrick Briggs, Regional Director of Risk Management, 2830 College, Beaumont, Texas 77702; Phone numbers: (409) 899-7055, fax 899-7493. 14. REPRESENTATION. BPD represents that it will direct its employees not to in any way interfere, deter or prevent the Hospital from providing medical care services to its patients while the Hospital is providing the refuge and sheltering of BPD Personnel, and, to the extent allowed under Texas law, will indemnify Hospital for any losses caused by the acts or omissions of its employees while sheltering at the Hospital under the terms of this MOU. 30524.2 ;uont Vh D BtX: - -. JAS G ETA JACK PATRICK BRIGGS Chlice Regional Director of Risk Management BePolice Department Christus St. Elizabeth Hospital Date: Date:/J?v KYLE HAYES UL TREVINO City Manager CEO City of Beaumont Christus Hospital Date: Date: 6 / 1 / f .-) 30524.2