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HomeMy WebLinkAbout02/23/2021 PACKETBEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 23, 2021 1 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 Water billing for leak adjustments 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 - Water billing for leak adjustments BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 23, 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 BEAUMONT -A TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jimmy Neale, Parks & Recreation Director MEETING DATE: February 23, 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 j et 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 23rd day of February, 2021. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 23, 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 23rd day of February, 2021. - Mayor Becky Ames - C BEAUMONT TEXAS TO: . City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 23, 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 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of February, 2021. - Mayor Becky Ames - IC BEAU-MONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 23, 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 project consists of the replacement of approximately 500 linear feet of a 12-inch cast iron water Tine 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 23rd day of February, 2021. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: February 23, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Clinical Affiliation Agreement with School of EMS of Tyler, Texas. 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 23rd day of February, 2021. - Mayor Becky Ames - DocuSign Envelope ID: D3277EB0-F12F-4654-9873-FCBFEF6A2AEE ��a4av SCHOOL OF Noun44pf] Noun 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 q��aA SCHOOL OF 000D MEMO 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: ref@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 Signature: Name: Kyle Hayes Title: - City Manager Signature: u�ame: School of EMS Signature:`` "`" d Name: Vicky LaMay Title: Director of Clinical. Services - Signature: It {kbU/ar4 Name: TC Howard Title: Title: Chief Operating Officer F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: February 23, 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, Texas. 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 23rd day of February, 2021. - Mayor Becky Ames - EDUCATION AFFILIATION AGREEMENT BETWEEN THE TEXAS FIRE ACADEMY AND THE, CITY OF BEAUMONT FIRE / EMS This agreement is enteredinto this PT day of February 2021 betweentheTEXAS FIRE ACADEMY "TFA" and City of . Beaumont Fire "CITY" CITY"to . allow students enrolled in a TFA sponsored EMT course to participate in field operations at the City of Beatimont Fire / EMS. WHEREAS, TFA has a curriculum that teaches a basic course: Emergency Medical Technician herein after referred to as "Program"; WHEREAS, clinical practice and observation is a require d and an integral component of the Program Curricula; WHEREAS, TFA desires the cooperation of facilities in the: development 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 CONDMONS L. 'Rekbonsibffitfles of the Texas Fire Academy 1. L: Certifyparticipating in fie] IP that students partic d.intern�h' will be registered in the stated curriculum and Will have the appropriate academic preparation for the particular ass'igriment prior to the start .,of the internship. .1 -2. The TFA Course Coordinator or 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, Oates: of assignment field internship experience objectives, and a listing of skills considered appropriate. for the student to observe/practice according to their education'61 preparation. .IA. Ensure that school is covered by blanket liability inqrce with a limit of liability of $1,000,00033,000,000 annual aggregate. EXHIBIT "A" 1.5. Inform students of the following student responsibilities 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 tunes 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. Responsibility of the City 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 Wh have, during.an assigned rotation, significant, contact: -from a contaminated needle or who have had contamination to an open wound 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 reg .rding.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 3.1. 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, charges in either personnel or curriculum. 3.4. It is agreed that both parties will conducfihe field internship program in a manner consistent with applicable standards of their respective acereditiug agencies/bodies. Paae'12 of 3.5. The faculty and students will have received and successfully completed H PAA 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 rules and regulations established by CITY. 3.7. The students will havea 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 reasonable request. 4. Term and Termination This Agreement shall commence,on the Effective Date stated herein above and shall continue until December Ms2021. Either Party may terminate this Agteement, with or without cause, by. providing the other thirty (30) days prior written notice of its intent to terminate. Termination shall be effective at the end of the semester.dur g. which notice is,given. CITY shall not. be required to provide its facilities for clinicalpractice for students who enroll in the TFA Program subsequent to �l the date ofthe notice of termination, and those students already assigned to receive clinical -practice at CITY shall have the opportunity to fully complete the course of study which is in progress. Paae 1.3 of 4 No Text G BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: February 23, 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 23rd day of February, 2021. - Mayor Becky Ames - .Page 1. of 4 L���F 1T.TQ1rT FTR I' .8z _03 MSS 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 / EMS (` Affiliate"), and HCESD # 2 /.Lumberton Fire & EMS ("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 E\IS 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 1= ; 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 14CESD#>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 i' 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 $3,000,000 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, of seg., 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 certiC, 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 is the event it is unable to place HCESD # 2 students. F. Permit 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 patties agree that: A. Affiliate is a covered entity for purposes of the Health Insurance Portability and Accountability Act (HIP AA) and subject to. 45 CFR Parts 160 and 164 ("the HIP AA 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 HIP.AA 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 willnever 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. . . 8. 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: HCESD # 2 / Lumberton Fire'& EMS Affiliate: Citv-of Beaumont Fire / EMS Attention: Jim Iones Attention: Phone: (409) 755-6031 Phone: ( ) Fax: (469) 755-1369 Fax: ( ) E-mail: iiones ttlhcesd2.com 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 not 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. Pro rain 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. $everability: 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: HCESD # 2 / Lumberton Fire & EMS: Signature: Name: Title: Title: Date: Assis%nt_Chief-EMS Operations _... Date: 1/27 /2021