HomeMy WebLinkAboutRES 21-044RESOLUTION NO. 21-044
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.
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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
C 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 EMS education program, (the "Program") through TDSHS which
i requires clinical experiences of students enrolled therein; and
WHEREAS, Affiliate is an EELS 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 udlization.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 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"
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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 ofprofessional 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 die 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, e1 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 certif , 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. 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 rneet the professional and other standards and
requirements of affiliate. HCESD # 2 agrees to withdraw any student from affiliate or its premises for any
reasonablecausespecified by affiliate.
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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 (HIP.A A)
and subject to, 45 CFR Parts 160 and 164 ("the HIPA. 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
!attention: Jim Jones
Phone: (409) 755-6031
Fax: (409) 755-1369
E-mail: fioiies(W)hcesd2.eom
Affiliate: City. of Beaumont Fire / EMS
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.
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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. Proerant 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. SeverabilitY 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 grid 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: HCESD # 2 f Lumberton Fire & EMS:
Signature:
_ Signature:
Name:
Name:
Title:
Title:
Date:
Date:
J' "J"
As_:sistant,Chief.- EMS Operations _ ..
1/27/2021