HomeMy WebLinkAboutRES 19-166RESOLUTION NO. 19-166
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 and
Texas Emergency System Training, LLC 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.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
August, 2019.
ayor Becky Ames -
III
AFFILIATION AGREEMENT
AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE
EDUCATION
OF
EMERGENCY MEDICAL SERVICES COURSE STUDENTS
TEXAS EMERGENCY SYSTEM TRAINING LLC
O
City of Beaumont Emergency Services
ORIGINAL
2017
EXHIBIT "A"
AFFILATION AGREEMENT
EMERGENCY MEDICAL SERVICES
The following Affiliation Agreement is entered into between Texas Emergency System Training
LLC, Silsbee Texas, and on behalf of the Emergency Medical Services Program, hereinafter
referred to as TEST LLC of Silsbee Texas, and City of Beaumont Emergency Services
Beaumont Texas, hereinafter referred to as Clinical Affiliate, and students enrolled in the
Emergency Medical Services Program. It is agreed by both parties to be of mutual interest to
give students an opportunity to utilize,the Beaumonf Health Facility as a clinical facility for
educational purposes. TEST LLC and "Clinical Affiliate" agree to accept the responsibilities
and duties stated herein. ,
1. It is mutually agreed by the Clinical Affiliate and TEST LLC that the educational program
and curricula of the Emergency Medical Services Program is and shall be the responsibility of;
and shall be carried our under the direction of personnel of TEST LLC.
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 LLC.
3. It is mutually agreed that TEST LLC 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 LLC and Clinical Affiliate do not, and will not dis criminate
against any student, employee or applicant for participation in the learning experience because of
race, religion, sex, color, creed, martial 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 LLC
and Clinical Affiliate.
6. It is mutually agreed that representatives of TEST LLC 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 LLC 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
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 LLC 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 LLC
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 Af6]iate 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 LLC of any changes in that approval.
3. Inform TEST LLC 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.
L
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 so far as it is authorized by law to do so. TEST LLC agrees to hold the Clinical Affiliate harmless
From and against any and all liability for personnel injury, including injury resulting in death, or damage,
or both, resulting directly or indirectly from the.use by TEST LLC of the Clinical Affiliates Clinical Facility.
Nothing in this Affiliatlon Agreement is to be construed as transforming financial responsibility from one
party to another.
The terms of this agreement will be 2(two) years upon mutual consent of both parties unless earlier
terminated as per the terms of the agreement.
Plans to initiate termination of the Agreement may be instituted by either party upon no less than six (6)
months 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 normal progress toward completion.
Annual renewal of this agreement will be considered automatic unless mutual agreement by both
parties is to end the same.
FOR TEST LLC:
TESTA ADMINISTRATOR
Kim P Best PA CW -2 Army Ret
EMS COURSE COORDINATOR
Kim D Best PA CW -2 Army Ret
Date Completed
FOR CLINICAL AFFILIATE:
Chief Administrator
City of Beaumont Emergency Services
Date Completed