HomeMy WebLinkAbout02/16/2021 PACKET - CANCELLEDBEAUMONT
REGULAR. MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, FEBRUARY 16, 2021. 1:30 PM
CONSENT AGENDA
Approval of minutes — February 9, 2021
Confirmation of board and commission member appointments
A) Authorize the City Manager to renew a loan agreement with the National Museum of the
United States Air Force
B) Approve the renewal of an annual maintenance agreement with Cityworks for use by
several city departments
C) Approve a resolution rejecting all bids received for the Loeb Steel & Concrete GST _
Repairs Contract
D) Approve a resolution rejecting all bids received for the Jackson Street 12-Inch Water
Main Replacement (From Pennsylvania Avenue to Sabine Pass Avenue)
E) Authorize the City Manager to execute a Clinical Affiliation Agreement with School of
EMS of Tyler
F) Authorize the City Manager to execute a Education Affiliation Agreement with Texas
Fire Academy (TFA) of San Marcos
G) Authorize the City Manager to execute a Clinical Affiliation Agreement between HCESD
#2/Lumberton Fire & EMS and the City of Beaumont Fire/EMS .
in
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jimmy Neale, Parks & Recreation Director
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to renew a loan agreement with the National Museum of
the United States Air Force.
BACKGROUND
In 1992, the United States Air Force loaned the City a jet to be used for display purposes. The
jet is located at Babe Zaharias Park. Department of Defense regulations require the Air Force to
check each year on the status of the jet to be sure that it is being used as intended. The National
Museum of the United States Air Force, which is now charged with the responsibility of
verifying the status of the jet, is requesting that the loan agreement be renewed in accordance
with the original terms of the loan and federal regulations.
The jet is an attractive addition to the park and staff wishes to keep it there on display.
BUDGETARYIMPACT
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the necessary
documents to renew the loan agreement with the National Museum of the United States
Air Force for the jet on display at Babe D. Zaharias Park.
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 16th day of
February, 2021.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bankowiak, Director of Public Works & Technology Services
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution approving the renewal of an annual
maintenance agreement with Cityworks for use by several city
departments.
BACKGROUND
Cityworks software is used by the City in multiple departments for managing and maintaining
work orders, permits, inventory, and cases related.to permitting, code enforcement,
water/street/traffic/parks work requests and zoning. This purchase is exempt from competitive
bidding since it is available from only one source having exclusive rights to modify and maintain
the software. The software maintenance agreement provides Monday — Friday, 8 — 5 support for
all applications, and provides annual software upgrades.
This agreement is for an annual period beginning March 2021 in the amount of $149,000.
FUNDING SOURCE
General Fund, Police- General Fund, and Water Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the renewal of an
annual Maintenance Agreement in the amount of $149,000.00 with Cityworks, the sole
source having exclusive rights to modify and maintain the software used by several City
departments.
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 16th day of
February, 2021.
- Mayor Becky Ames -
C
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution rejecting all bids received for the
Loeb Steel & Concrete GST Repairs Contract.
BACKGROUND
The project consists of the rehabilitation of one 5 million gallon steel ground water storage tank
and one 5 million gallon concrete ground water storage tank located north of Keith Road.
After recent site visits, additional work was identified that needs to be addressed promptly. The
scope of work for this project will be revised and rebid to include the additional work.
Until a bid is awarded. the bid tab is not made public in order to preclude an unfair competitive
advantage in future bids. The project will be rebid at a later date.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on January 21, 2021, three (3) bids were received for the Loeb Steel
& Concrete GST Repairs Contract Project; and,
WHEREAS, additional project work has been identified that needs to be addressed
promptly and the scope of work for the project will be revised; and,
WHEREAS, it is the recommendation of City of Beaumont Public Works
Department Administration to reject the three (3) bids and rebid the project at a later date
to include the additional work; and,
WHEREAS, the City Council finds it is not in the best interest of the citizens of
Beaumont to accept the bids for the Loeb Steel & Concrete GST Repairs Contract Project
and that said bids should be rejected;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council does hereby reject the bids received for the Loeb Steel &
Concrete GST Repairs Contract Project.
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
41-21
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2021.
- Mayor Becky Ames -
T
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution rejecting all bids received for the
Jackson Street 12-Inch Water Main Replacement (From
Pennsylvania Avenue to Sabine Pass Avenue).
BACKGROUND
The proj pet consists of the replacement of approximately 500 linear feet of a 12-inch cast iron
water line along Jackson Street between Pennsylvania Avenue and Sabine Pass Avenue.
Two vendors attended the non -mandatory pre -bid meeting and one response was submitted. The
submitted bid was approximately twice the engineer's estimated cost for the project.
Until a bid is awarded, the bid tab is not made public in order to preclude an unfair competitive
advantage in future bids. The project will be rebid at a later date.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on February 4, 2021, one (1) bid was received for the Jackson Street
12-Inch Water Main Replacement (Pennsylvania Avenue to Sabine Pass Avenue)
Project; and,
WHEREAS, the Public Works Department evaluated the one (1) bid and found that
the bids was over the anticipated estimate; and,
WHEREAS, it is the recommendation of City of Beaumont Public Works
Department Administration to reject the bid and rebid the project at a later date; and,
WHEREAS, the City Council finds it is not in the best interest of the citizens of
Beaumont to accept the bid for the Jackson Street 12-Inch Water Main Replacement
(Pennsylvania Avenue to Sabine Pass Avenue) Project and that said bid should be
rejected;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council does hereby reject the bid received for the Jackson Street
12-Inch Water Main Replacement (Pennsylvania Avenue to Sabine Pass Avenue)
Project.
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 16th day of
February, 2021.
- Mayor Becky Ames -
E
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Earl White, Fire Chief
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a Clinical Affiliation Agreement with School. of EMS of
Tyler.
BACKGROUND
The agreement between the School of EMS and City of Beaumont will provide EMS students
with practical EMS -based patient care activities and ensure that students who use the clinical
site's facilities will abide by its policies. Approving this agreement will also provide a suitable
clinical experience as prescribed by the curriculum provided by the School of EMS and outlined
by the National Highway Traffic Safety Administration.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
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 a Clinical Affiliation Agreement between the City of Beaumont and
School of EMS for clinical experience and educational purposes under the supervision of
the Fire/EMS Department. The Clinical 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 16th day of
February, 2021.
- Mayor Becky Ames -
DocuSign Envelope ID: D3277EB0-F12F-4654-9873-FCBFEF6A2AEE
ro
t0 SCHOOL OF
®° EMS
CLINICAL AFFILIATION AGREEMENT
City of Beaumont Fire/EMS
And
School of EMS
This agreement made and entered into this (Date) March 1, 2021 by and between (Clinical Site) City of Beaumont
Fire/EMS (hereinafter referred to as the "clinical site") and the School of EMS (hereinafter referred to as "School of EMS")
and will continue until the agreement is terminated by either party.
I. PURPOSE
The clinical site shall provide the School of EMS students with practical experience in EMS -based patient care activities
through the clinical site's owned entities and the School of EMS shall provide the student with academic experience.
II. RESPONSIBILITIES OF THE CLINICAL SITE
The clinical site shall:
A. Provide cooperation to ensure students of the School of EMS receive an effective clinical experience.
B. Provide a suitable clinical experience situation as prescribed by the curriculum provided by the School of EMS
and outlined by the National Highway Traffic Safety Administration.
C. Assist with clinical teaching and supervision of agreed upon number of students of the School of EMS.
D. Ensure the standards of patient care established by the clinical site remain in control of the employees.
E. Reserve the right to determine the manner in which the clinical site's owned equipment and supplies shall be
used and operated.
F. Provide a contact person for the School of EMS at the clinical site so as to facilitate interaction between the
training program and our system.
III. RESPONSIBILITIES OF THE SCHOOL OF EMS
The School of EMS shall:
A. Ensure that students who use the clinical site's facilities will abide by the clinical site's policies.
B. Ensure students of the School of EMS will have professional liability insurance in the appropriate amount prior
to beginning clinical experience with the clinical site.
C. Ensure each student has been provided infection control training as outlined by the Department of
Transportation knowledge objectives for EMS courses.
D. Ensure each student has been provided HIPAA training in accordance with the Federal and State guidelines.
E. Ensure each student has been cleared through a background check to include the federal inclusion/exclusion
list.
F. Ensure each student has passed a 10-panel drug screen.
G. Ensure that documentation has been established by the School of EMS on how students are determined to
be proficient in both basic and advanced skills which are expected to be utilized in the clinical internship
setting.
H. Provides each student a Competency Check List so that the student may present this to the clinical site's
facility they are assigned to during all internship assignments.
I. Consider promptly any complaint made by the clinical site against a student in accordance with the School of
EMS standards and procedures of disciplinary action.
J. Shall provide preceptor training to relevant clinical site staff at the clinical location(s) or via online services.
IV. HOLD HARMLESS
The School of EMS agrees and is bound to hold the clinical site whole and harmless against any and all claims for
damages, costs and expenses to persons or property that may arise out of or be occasioned by this contract or any
activities or from any act or omission of any teacher or student involved in the School of EMS.
EXHIBIT "A"
DocuSign Envelope ID: D3277EB0-F12F-4654-9873-FCBFEF6A2AEE
0 SCHOOL OF
N�p
ao EMS
V. RESPONSIBILITIES OF THE CLINICAL SITE AND THE SCHOOL OF EMS
The clinical site and the School of EMS shall:
A. Agree upon the number of students to be placed at the clinical site for clinical rotations.
B. Revise and modify this contract in writing if both parties agree to the revision or modification.
VI. TERMINATION
This contract may be terminated by either party upon thirty (30) days written notice to the other party by registered mail,
return receipt requested. The termination shall not take effect until students who are enrolled at the time such notice is
given have completed the courses in which they are enrolled.
VII. DISCRIMINATION
The clinical site and the School of EMS shall not lawfully discriminate in their respective performance of this contract.
VIII. CONTACT PERSONS
The contact person and authorized designee of the School of EMS for the purposes of this agreement is:
Name:
Vicky LaMay
Title:
Director of Clinical Services
Email:
rcfCc)_schoolofems.org
Address:
115 Jordan Plaza Blvd.
Tyler, Texas 75704
Phone Number: (903) 399-1463
The contact person and authorized designee of the Clinical Site for the purposes of this agreement is:
Name: Max Nguyen
Email: Max.Nguyen@BeaumontTexas.gov
Address: 3040 College Street
Beaumont, Texas 77701
Phone Number: (409) 880-3922
EXECUTED on1/29/2021 . The clinical site and the School of EMS have executed this agreement by and through one of
its duty authorized officers, thereby binding themselves, their successors and assignees and representatives for the
faithful and full performance of the terms and provisions of this contract.
City of Beaumont School of EMS
Signature: Signature: tK" '
Name: Kyle Hayes Name: Vicky LaMay
Title: City Manager Title: Director of Clinical Services
Signature: Signature: it hwalrl
Name: Name: TC Howard
Title: Title: Chief Operating Officer
F
B-E,AUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Earl White, Fire Chief
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a Education Affiliation Agreement with Texas Fire
Academy (TFA) of San Marcos.
BACKGROUND
The agreement between the Texas Fire Academy (TFA) and City of Beaumont (CITY) will
provide students enrolled in a Texas Fire Academy (TFA) sponsored EMT course to participate
in field operations with the City of Beaumont Fire / EMS. This agreement will allow the TFA
Course Coordinator or Program Director to act as a liaison to the City to coordinate, plan,
monitor and evaluate the internship, experience of the EMS Students
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
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 Education Affiliation Agreement between the City of Beaumont
and Texas Fire Academy (TFA) for participation in field operations for its students enrolled
in the Texas Fire Academy EMT Course. The Education 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 16th day of
February, 2021.
- Mayor Becky Ames -
EDUCATION AFFILIATION AGREEMENT
BETWEEN THE
TEXAS FIRE ACADEMY AND THE
CITY OF BEAUMONT,FIItE / EMS
This agreement is entered- into this. ds day of February. 20211between the TEXAS FIRE ACADEMY
"TFA" and. City'of Beaumont Fire,/: EMS "CITY"'to allow. students enrolled in a TFA sponsored EMT
course to participate in field operations at'the City of Beaumont Fire / EMS.
AREAS, TFA has a,curriculum thatteaches a. basic course. Emergency. Medical Technician
herein after referred to as "Program'
' WB[EkEAS, clinical practice and observation is a required' and:an integral component of the
Program Curricula;
WHEREAS, TFA desires the cooperation of facilities.in thedevelopment and implementation::of
the clinical practice phase of the curricula; and
WHEREAS, CITY recognizes its professional responsibility, to participate in the education of
TFA Students.
NOW THEREFORE, in consideration; of the mutual agreements set forth herein, TFA and
CITY agree to the following terms and conditions:
TERMS AND CONDITIONS
I. Resuonsibilities of the Texas Fire Academy
1 . Certify that students participating in field. internshipwill be registered in. the stated curriculum
and;will have the appropriate academic preparation;forthe particular.:assignment prior to the start
of the internship..
1.2. The TFA Course Coordinator br Program. Director- will act as, a liaison to CITY to coordinate,.
plan, :monitor, and evaluate the, field internship experience of the EMT Students.
1.3. Provide CITY administration. with names of.students, dates of assignment, field 'internship
experience objectives, and.a,listing of skillconsidered appropriate for the stude
nt
observe/practiceaccording to their educational preparation.,
1.4. Ensure that school is °covered by blanket liability instance with a limit:of liability of
$1,000,000/$3,000,'000 annual aggregate.
EXHIBIT "A"
1.5.. Inform students of the following studentresponsibilities'in relation to the field internship
experience. The student 'is responsible for:
1.5.1. Abiding by all pertinent rules and regulations of CITY and the TFA.
1.5.2. Maintaining patient information confidentiality.
1.5,3. Arriving and departing at the .times scheduled.
1.5.4. Wearing the required uniform and.name tag, and conducting themselves professionally
during contact with patients,: families, and staff of CITY..
1..5.5. Requesting: and making available to CITY a Criminal History/ Background Check,,_
1.5.6. Providing proof of Health Insurance coverage.
1..5:7. Instructing assigned. students and faculty that confidentiality of medical information of
the patients of CITY.must be maintained at all times by student and faculty of TFA as
required by law and the policies of Facility and.that the obligation to maintain
confidentiality shall continue even If this Agreement is -terminated;
2. ResRonsibility of the CM of Beaumont Fire / EMS
2.1: Provide learning experiences as available with appropriate supervision as consistent with the
individual student's competency level and the program 's.field.internship objectives.
2.2.. Provide the current CDC,recommended. testing -and treatment for students who have, during an
assigned rotation, significant contact from a contaminated, needle or who have had
containination,to an openwound or mucous membrane: (Any and all costs associated with the
tests and/or treatment for these exposures will be the responsibility of the individual student.)
2.3. Designate a liaison to communicate. with the TFA Program Director:regarding the field
internship experience and student performance.
2.4. CITY retains the right to remove a student from pre=hospital internship when continuance
would interfere or jeopardize patient care.
3. Joint Responsibilities
4
3. L TFA and CITY, through their designated liaisons, will negotiate the number of students to be
assigned to field internship and the hours of rotation.
3.2. The liaisons will consult periodically to review and mutually improve the field internship
.educational experience as needed.
3.3. Both parties shall inform each other, in a timely manner, changes in either personnel or
curriculum.
3.4. It is agreed that both parties will conduct the field internship program in a manner consistent
with applicable standards of their respective: accrediting agencies/bodies.
Page 12 of.4
3.5. The faculty and students will have.received-.and successfully.completed HIPAA Privacy
Training prior to assignment in the Agency. In addition,faculty and students, as employees: and
affiliates of TFA, will have signed an agreement accepting legal and ethical responsibility to
safeguard the privacy of all patients and protect confidentiality and security of all health
information.
3.6. Faculty and :students will, be subject to the Hales and regulations established by CITY.
13. The students will have a current'immunization record for tetanus, measles, mumps; rubella?
Varicella, hepatitis. B, and individual results of a current, (within one year of the clinical
experience assignment) TB skin test and/or chest x-rays reports if TB test was positive.
3..8. Each student will have completed instruction in infection control practice and its application,
universal precautions, and CPR prior to the first clinical experience, at CITY, evidence to be
provided upon reasonablerequest.
4. Term.and Termination
This Agreement shall commence on the Effective Date stated herein: above and shall continue until
December3l�, 2021a Either Party may terminate. this Agieement,'with or without cause, by
providingthe other thirty (30) days. prior written notice of its intent to terminate. Termination shall
be effective at the end. of the semester. during which notice, is..given. CITY shall not be required to
provide its facilities for clinical practice for students who enroll,in-the TFA Program subsequent to
the date of the notice of termination, and those students, already assigned to receive clinical practice at
CITY shall have theopportunity to fully complete the course of study -which is in progress.
Paue.13 of 4
THETEXASTIREACADEMY,
_Leighton SW46nes, �rcslwrit
Hays County Rmergepcy Services District #3
35291Himlei Road.
San Marcos, TX 78656 -
(512);7547463
GAIATURE DATE
c
BEAUMONT
TO: City Council
FROM: - Kyle Hayes, City Manager
PREPARED BY: Earl White, Fire Chief
MEETING DATE: February 16, 2021
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a Clinical Affiliation Agreement between HCESD #2/
Lumberton Fire & EMS and the City of Beaumont Fire / EMS.
BACKGROUND
The purpose of the agreement is to cooperate in the educational preparation of students enrolled
in the Program to promote excellence in EMS patient care. EMS Students assigned to this
educational program will participate in on -site clinical and practical training to ensure
professional competence and provide maximum utilization of community resources
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
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 a Clinical Affiliation Agreement between the City of Beaumont and
HCESD #2/Lumberton Fire & EMS for clinical experience and educational purposes
under the supervision of the Fire/EMS Department. The Clinical 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 16th day of
February, 2021.
- Mayor Becky Ames -
Page I of 4
FTR 10 &Z 30 MM1S
CLINICAL AFFILIATION AGREEMENT BY AND BETWEEN
HCESD # 2 / Lumberton Fire & EMS
AND
City of Beaumont Fire / EMS
This Clinical Affiliation Agreement (`:agreement") is entered into by and between the City of Beaumont Fire / EIS
("Affiliate"), and HCESD # 2 / Lumberton Fire & ETNIS ("HCESD # 2'� an emergency services district operating under
Chapter 775 of the Health and Safety Code.
WHEREAS, HCESD # 2 is applying for approval as an EIS education program (the "Program") through TDSHS which
requires clinical experiences of students enrolled therein; and
WHEREAS, Affiliate is an EIS service which have the resources and equipment and staff to provide the clinical
experiences required by the Program; and
WHEREAS, it is to the benefit of HCESD # 2 that the resources of Affiliate be made available to its students for the
required clinical experiences; and
WHEREAS, it is to the benefit of both HCESD # 2 and Affiliate to cooperate in the educational preparation of students
enrolled in the Program so as to promote excellence in patient care, to ensure professional competence, and to provide
maximum utilization of community resources;
NOW, THEREFORE, the parties agree as follows:
1. Term of Agreement This Agreement commences on March V1, 2021 and shall be renew on an annual basis
unless otherwise cancelled by either party.
A. This Agreement shall apply to any and all healthcare facilities and all departments therein in all regions
of operations that are owned and operated by the Affiliate.
B. Either party may terminate this agreement upon giving 30 days written notice to the other party. Should
notice of termination be given by either party, those students then assigned to the affiliate by HCESD
# 2 shall be permitted to complete the clinical internship assignment in progress.
2. Responsibilities of HCESD # 2: HCESD # 2 agrees to:
A. Identify, in concert with .-Affiliate, the names and number of students assigned to affiliate for on -site clinical
and practical training.
B. Prepare, in concert with affiliate, from time to time, a schedule for students specifying the hours of each day,
the days of each month, and the months of each year during which the students will be receiving on -site
clinical and practical training at Affiliate, and the health related specialties to which the students will be
exposed in connection with their on -site training. HCESD # 2 will further provide such data as Affiliate may
EXHIBIT "A"
Page 2 of 4
request to coordinate its scheduling and programming with that of HCESD # 2.
C. Assure that all students selected for clinical and practical training at Affiliate have satisfactorily completed all
portions of HCESD # 2 curriculum that are prerequisite for the training and can show proof of the following
(check applicable prerequisites for clinical study at Affiliate):
® BLS certificate
® TB testing
® Hepatitis B vaccine
® Drug screening
® Criminal History Background Check
❑ Other
D. Designate in writing an Agency Representative to coordinate the educational experience of students
undergoing clinical and practical training at Affiliate with the Affiliate Representative.
E. Require that students provide written evidence of professional liability insurance coverage participating in the
clinical and practical training. The minimum amount of coverage per individual shall be $1,000,000 each
incident with a 53,000,000 annual aggregate. The coverage shall extend through the term of the student's
participation.
F. Have, and maintain throughout the term of this Agreement, all licenses and/or permits required by state law,
and/or any federal or local authority, for the training of students, and accreditation by proper accrediting
authorities.
G. Represent that no adverse action by the federal government that can result in exclusions from a federal health
care program has occurred or is pending or threatened against HCESD # 2, its affiliates, or to the best of
HCESD # 2 knowledge, against any of the students. HCESD # 2 agrees it will not perform any act that can
cause HCESD # 2 to be excluded from a federal health care program during the term of this Agreement.
H. Provide access to HCESD # 2 contracts, books, documents, and records relating to this Agreement to the
Comptroller General of the United States and the United States Department of Health and Human Services
for seven (7) years after expiration or termination of this Agreement, if required by the Social Security Act
and without violating the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, e! seq., and as may be
amended, or any other student and/or student records privacy act.
3. Responsibilities of Affiliate: Affiliate agrees to:
A. Provide supervised clinical experiences for students which fulfill the curriculum requirements of the Program
and meet the objectives agreed upon by HCESD # 2 and Affiliate.
B. Comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations; comply with
all applicable requirements of any applicable accreditation authority; and certify such compliance upon request
by HCESD # 2.
C. Permit the authority responsible for accreditation of the Program to inspect the facilities, services, and other
items provided by Affiliate for purposes of the clinical and practical training.
D. Designate in writing a member of the Affiliate staff ("Affiliate Representative") to coordinate the educational
experience of students undergoing clinical and practical training at Affiliate with the HCESD # 2
Representative.
E. Provide HCESD # 2 with a minimum of 30 days notice in the event it is unable to place HCESD # 2 students.
F. Pemiit the students, at their sole cost and expense, to use Affiliate amenities such as the cafeteria, rest rooms,
emergency rooms, conference areas and parking facilities on the same basis as that made available to Affiliate's
employees.
G. Provide an orientation for the students and participating faculty and staff with respect to the operations of
Affiliate, its policies and procedures, and the location of the facilities and other equipment. .
H. Provide patient information to students to the extent necessary to provide a meaningful clinical experience.
I. Provide emergency medical treatment in the event of injury or illness experienced by a student participating
in the clinical program while the student is on -site at Affiliate. The student is solely responsible for the cost
of such health care.
4. Removal of Students: Affiliate may, in its sole and absolute discretion, refuse the use of its facilities and services
as contemplated by this Agreement to any student who does not meet the professional and other standards and
requirements of Affiliate. HCESD # 2 agrees to withdraw any student from Affiliate or its premises for any
reasonable cause specified by Affiliate.
Page 3 of 4
5. ;Patient Care: Affiliate will at all times remain responsible for the safety and welfare of its patients. Nothing herein
contained will be construed as a limitation on the responsibility of .-Affiliate with respect to providing medical care
for its patients.
6. Cooperation and Liaison: affiliate and HCESD # 2 will act in good faith, and cooperate with one another in
implementing the intent and purpose of this Agreement and in furtherance thereof will work out the details of the
administration needed to fulfill the needs of the on -site educational program of HCESD # 2 and to benefit Affiliate
in such a manner so as not to interfere with the medical care provided by Affiliate. HCESD # 2 and Affiliate will
maintain adequate communication with one another, to make changes that may be advisable within the terms of
this Agreement and discuss any problems as may arise concerning their affiliation as created by this Agreement.
7. HIPAA: The parties agree that:
A. Affiliate is a covered entity for purposes of the Health Insurance Portability and Accountability Act (HIPAA)
and subject to 45 CFR Parts 160 and 164 ("the HIPAA Privacy Regulations';
B. To the extent that HCESD # 2 students are participating in clinical and practical training at Affiliate and
HCESD # 2 employees are providing supervision at affiliate as part of such training, such students and
HCESD # 2 employees shall:
(1) be considered part of affiliate's workforce for HIRA-. compliance purposes in accordance with 45
CFR 164.103, but shall not be construed to be employees of Affiliate;
(2) receive training by Affiliate on, and subject to compliance with, all of affiliate's privacy policies adopted
pursuant to the Regulations; and
(3) not disclose any Protected Health Information, as that term is defined by 45 CFR 160.103, to which
a student has access through clinical and practical training at Affiliate or a faculty or staff member
has access through the provision of supervision at affiliate that has not first been de -identified as
provided in 45 CFR 164.514(a);
C. HCESD # 2 will never access or request to access any Protected Health Information held or collected by or
on behalf of Affiliate that has not first been de -identified as provided in 45 CFR 164.514(a); and
D. No services are being provided to Affiliate by HCESD # 2 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. .
S. Notices: any notice required or permitted under this: agreement must be in writing, and shall be deemed to be
delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid,
certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice
may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other
commercially reasonably means and will be effective when actually received. ECTI and affiliate may change their
respective notice address by sending to the other party a notice of the new address. Notices should be addressed
as follows:
HCE8D#.2 / Lumberton Fire & EMS Affiliate: City of Beaumont Fire / EMS
Attention: Jim ones
Phone: (409) 755-6031
Fax: (409) 755-1369
E-mail: ijones Calheesd2tom
Attention:
Phone:( )
Fax: ( )
E-mail:
9. Counterparts: This Agreement may be executed
in any number of counterparts, each of which shall be deemed an original, but all of which, together constitute but
one instrument.
10. Assignment: Neither HCESD # 2 nor Affiliate may assign this agreement, or any of its rights or obligations
under this Agreement, without the prior written consent of the other party; provided, that either party can assign
the Agreement to an entity affiliated by ownership or control.
Page 4 of 4
11. Relationship of Parties: HCESD # 2 and .Affiliate are independent parties acting in unison for the purpose of
this .Agreement. Nothing in this Agreement or the parties' actions should be construed as creating any partner or
agency relationship between HCESD # 2 and .Affiliate.
12. Proeram Participants Independent: While participating in the clinical program, the students and HCESD # 2
employees are acting independently of .Affiliate and are not employees of .Affiliate; and therefore will not be entitled
to compensation, future employment, or any benefits of Workers' Compensation in the event of any injury
occurring on Affiliate's premises.
13. Non -Exclusive Agreement: This .Agreement should not be construed as an exclusive contract and the parties
may enter into other affiliation agreements.
14. Waiver: The waiver by either party of a breach or violation of any provision of this Agreement will not be deemed
a waiver of any subsequent breach of the same or different provision.
15. Sever ability: In the event that a provision of this .Agreement is found by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.
16. Governing Law: The validity of this .Agreement and all matters pertaining to this Agreement, including but not
limited to, matters of performance, non—performance, breach, remedies, procedures, rights, duties, and
interpretations or construction, shall be governed and determined by the Constitution and the laws of the State of
Texas. Venue shall be proper in Beaumont, Jefferson County, Texas.
This Agreement constitutes the entire Agreement between HCESD # 2 and Affiliate and supersedes all previous
Agreements and understandings relating to the Clinical Affiliation. As of the signed date HCESD # 2 is not an
approved TDSHS training program. This agreement constitutes intent by the Affiliate to honor the terms as
listed above in the Clinical Affiliation Agreement. This Clinical Affiliation Agreement will be considered valid
upon TDSHS approval of HCESD # 2 as an official EMS education program.
For the Affiliate:
Signature:
Name:
Title:
Date:
HCESD # 2 / Lumberton Fire & EMS:
Signature: (h,
Name: Tim Tones
- - - Title:
Date:
Assistant Chief_ EMS Operations _,.___- _ - . .
1/27/2021
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL .
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, FEBRUARY 16, 2021 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
Presentations and Recognitions
* Public Comment: -Persons may speak on the Consent Agenda
Consent Agenda
DISCUSSION ITEMS.
Review and discuss the following:
The City's Street Rehabilitation Program
- EMS being operated out of the Fire Department
The City's water infrastructure located in Loeb
The proposed new Pump Station located near Collier's Ferry
The proposed new Transmission Line Project connecting the new Pump
Station to the Pine Street Water Plant
The proposed new Westend Water Plant
- The Riverfront Park Project including the stabilization of the shoreline
Expenses and transfers related to Tropical Storm Imelda
- Financial Status Report,
COMMENTS
Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matters.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Susan K. Toney vs. The City of Beaumont; Cause No. A-204,644
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
DISCUSSION ITEMS
Review and discuss the following:
- The City's Street Rehabilitation Program
- EMS being operated out of the Fire Department
- The City's water infrastructure located in Loeb
- The proposed new Pump Station located near Collier's
Ferry
- The proposed new Transmission Line Project connecting
the new Pump Station to the Pine Street Water Plant
- The proposed new Westend Water Plant
- The Riverfront Park Project including the stabilization of
the shoreline
- Expenses and transfers related to Tropical Storm Imelda
- Financial Status Report