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HomeMy WebLinkAboutR86-117077 RESOLUTION NO. R86-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE FIRE CHIEF/DIRECTOR OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF PLAINVIEW TO EXECUTE AN "AFFILIATION AGREEMENT" WITH TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER EMERGENCY MEDICAL TRAINING PROGRAM. WHEREAS, the City of Plainview operates within the Fire Department an emergency medical service; and WHEREAS, the Texas Tech University Health Sciences Center operates an emergency medical training program; and WHEREAS, the parties desire to advance emergency medical education and aid in meeting the ever increasing demand in the State and Nation for trained health care manpower, and to make available better health services to patients; and WHEREAS, it is deemed advisable and to the best interest of the parties to establish an~affiliation for the purposes of caring out these objectives; and WHEREAS, an affiliation agreement as well as an emergency medical programs training agreement for EMT, EMT/Special Skills and EMT/Paramedic students is attached and hereby made a permanent part of this Resolution. NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council of Plainview, Texas that the Fire Chief/Director of Emergency Medical Services for the City of Plainview is hereby authorized to execute the attached affiliation agreement. PASSED AND APPROVED this the 27th day of May, 1986. E.V. RIDLEHUBER, Mayor ATTEST: 'RY~ OWEN, Interim City Clerk AFFILIATION AGREEMEN~ STATE OF TEXAS CITY OF PLAIN¥IEW FIRE DEPARTMENT EMS THIS AGREEMENT MADE AND ENTERED INTO this 27th day of May , 1986, by and between CITY OF PLAIN¥IEW FIRE DEPARTMENT EMS, hereinafter called "City", and Texas Tech University Health Sciences Center Emergency Medical Training Program, hereinafter referred to as "Sponsoring Agency" WITNESSETH: WHEREAS, the City operates within the Fire Department and Emergency Medical Service, and WHEREAS, the Sponsoring Agency operates an Emergency Medical Training Program, and WHEREAS, the Parties desire to advance Emergency Medical Education and aid in meeting the ever increasing demand in the State and Nation for trained health care manpower, and to make available better health service to patients, and WHEREAS, it is deemed advisable and to the best interest of the Parties to establish an affiliation for the purposes of carrying out these objectives; NOW, THEREFORE, for and in consideration of the foregoing and in further consideration of the mutual benefits, the Parties hereto agree as follows: 1. Term. The term of this agreement shall begin on its date of execution and shall continue for a three-year period provided, however, that either Party shall have the right to terminate the agreement on six months written notice to the other Party. 2. Understanding. a. It is agreed between the Parties: That the number of students, the hours in attendance, and the schedule of activities at the City will be jointly agreed upon prior to ii. iii. iv. vi. vii. viii. the initiation of any program for any particular student. Student responsibilities will be assigned in accordance with the level of training completed. Students participating under this agreement shall not under any circumstances, be considered employees of the City or Texas Tech University Health Sciences Center. The relationship between the City and the students shall be educational only. Students and faculty provided by the Sponsoring Agency are not and will not be acting as servant, agent, or employee of the City. The City shall not pay any remuneration or wages to any student or faculty of the Sponsoring Agency, and shall not be responsible to any student, faculty, or representative of the Sponsoring Agency for any benefits whatever. The City may request the withdrawal of any student or faculty from clinical activities at the City for cause, and upon such request, the student or faculty shall no longer participate in any training activities in the City facilities. Neither party shall discriminate because of race, colOr, sex, creed, religion, or national origin. All students and faculty of the Sponsoring Agency, or other persons acting under this agreement shall comply with all applicable rules, regulations, and policies promulgated by the City and Sponsoring Agency. The City shall not be liable on account of injury, sickness, disease, or death of any student, personnel, or faculty member using the resources of the City under the terms of this agreement. Further, the Sponsoring Agency agrees to hold the City harmless from and against any and all liability that results from the use by the Sponsoring Agency of City resources only insofar as the Sponsoring Agency is authorized by the Constitution and laws of ix. Xe the State of Texas to do so. Representatives of both agencies shall meet as often as necessary to study the program and terms of this agreement and make such suggestions and changes as are needed. Student will at all times function under the supervision of a member of the City's staff and will abide by the instructions of the staff member. b. The Sponsoring Agency agrees to: ii. iii. iv. vi. vii. Maintain the authority and responsibility for the education programs for its students which may be conducted in facilities of the City. Ensure that sufficient qualified clinical faculty are provided to initiate and carry out a jointly planned and supervised program of clinical experiences for the students. Ensure adequate academic preparation of the students to perform at the City facilities within student capabilities under the appropriate job description. Ensure that the Sponsoring Agency's director and clinical faculty's work experience and training are adequate for assuming major responsibility for clinical teaching and supervision. Ensure that the provisions of the agreement are explained to the students, clinical faculty, and other Sponsoring Agency representatives and that each such person has agreed to the provisions of this contract. Ensure that all matters concerning the City and its patients are kept confidential by the Sponsoring Agency's students, faculty, and staff. Inform its students, faculty, and staff involved in the training program that soliciting City employees for any other employment or solicitation of cases for attorneys shall not be allowed, and the Sponsoring Agency shall take posi~tive and affirmative steps to ensure that no violation of this provision shall occur. viii. Ensure that students, faculty, and any other representative of Sponsoring Agency will make provisions for their own health and accident insurance; and inform these persons that they will have no claim against the City for health care, worker's compensation, or other benefits. ix. Inform its students and faculty that meals, uniforms, and equipment will not be provided by the City. Inform its students that it will not permitted to operate emergency vehicles. be xi. Ensure that students and faculty are covered by professional liability insurance. xii. Take all reasonable precautions to ensure that students and faculty are free of communicable disease. xiii. Provide faculty participation in relevant committees and task forces of the City. c. The City agrees to: Maintain authority and responsibility for care given to its patients. ii. iii. Allow the use of its facilities for the education of students of the Sponsoring Agency. Provide staff supervision, in conjuction with the faculty from the Sponsoring Agency, for students in the program. iv. Provide access for faculty and students to patients and their clinical records at the City. This access may be subject to the specific approval of the City Administration. Access to records will be granted only for retrieval of information as part of the clinical training program. Provide orientation to the facility for faculty members. vi. Encourage its staff to participate in the educational activities of the Sponsoring Agency. vii. Participate in review activities of the Sponsoring Agency which are directed toward continuing program improvement. IN WITNESS WHEREOF, the Parties hereunto set their hands, the day and year first above written. CITY OF PLAINVIEW FIRE DEPARTMENT EMS TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Date Date EMERGENCY MEDICAL PROGRAMS TRAINING AGREEMENT FOR EMT, EMT-SPECIAL SKILLS AND EMT-PARAMEDIC STUDENTS older, follows: born on , eighteen (18) years of age or , understand and agree as That I have read and understand the agreements between Texas Tech University Health Sciences Center Emergency Medical Training Program and the City of Plainview Fire Department EMS concerning the training for certification purposes of Emergency Medical Technicians, EMT's with Special Skills and EMT Paramedics. I am a student in Texas Tech University Health Sciences Center Emerglency Medical Training Program and desire to complete my certification and receive clinical training with Plainview Fire Department ~EMS. I understand that engaging in emergency medical training and emergency ambulance runs involves certain risks for which the Plainview Fire Department EMS and Texas Tech University Health Sciences Center have no responsibility. I also understand !that the clinical training shall be at no cost or expense to me a~d' without any benefits, compensation or pay for me. I will nolt ~e considered an employee of the Plainview Fire Department EMS ~r Texas Tech University Health Sciences Center Emergency Medical Training Program for any purposes. I agr. ee to abide by all the terms and conditions of the Agreement between Texas ~Tec University Health Sciences Center Emergency Medical Trailnin Program and the Plainview Fire Department EMS and to abide by al the rules and regulations promulgated by the Texas ~Tec University Health Sciences Center Emergency Medical Trai~nin Program and the Plainview Fire Department EMS. I understand itha if I violate any terms and conditions of this agreement or aniy o the rules and regulations promulgated by Texas Tech UniveUsit Health Sciences Center Emergency Medical Training Program o Plainview Fire Department EMS or generally fail to follo instructions of any EMS personnel during clinical training wit Plainview Fire Department EMS, I can be dismissed from the EM training portion of this program without recourse against th Plainview Fire Department EMS or Texas Tech University Healt Sciences Center. I understand that if there is any conflict i instruction to me during my training from different EMS personnel I am to follow the instructions of my assigned supervisor and a ultimately responsible to my supervisor. Realizing the danger involved in emergency medical trainin and emergency ambulance runs, I, for myself, my heirs, executor and administrators agree to indemnify, release, forgive, and hol harmless Texas Tech University Health Sciences Center and th Plainview Fire Department EMS from any and all claims, demands, o h g 1 h g t f Y r w h S e h n m liabilities of whatever kind or nature that arise, might, or could arise, by virtue of my death, injury to me or damage to my property or property of any other person or entity as a result, direct or indirect, from my participation with Texas Tech University Health Sciences Center Emergency Medical Training Program and the Plainview Fire Department EMS, whether it is in or on any premises occupied or controlled by Texas Tech University Health Sciences Center or the Plainview Fire Department EMS or while traveling in a motor vehicle operated by the Plainview Fire Department EMS or Texas Tech University Health Sciences Center, or in any manner while participating as a part of my capacity as a student. This agreement shall be binding even if Texas Tech University Health Sciences Center or any of its employees or Plainview Fire Department EMS or any of its employees should be negligent in any occurrence which results in my death or any injury or damage described above. I further agree and understand that I shall not, under any circumstances, drive the emergency vehicle, nor shall I control, direct or attempt to control or direct any part of the Plainview Fire Department EMS's operations. WITNESS: SIGNED: DATED: