HomeMy WebLinkAbout2010-09-27 10-334 ORDERCOUNCIL ACTION J() .--34
Item No,
Date: 9/27/10
Item/Subject: ORDER, Authorizing the Interim City Manager to Sign an Agreement with Eastern Maine
Community College Regarding Providing a Clinical Experience for EMCC Students
Responsible Department: Fire
Commentary:
This agreement with EMCC would allow students in the Emergency Medical Services Program at EMCC to
participate in clinical training with the Bangor Fire Department. The agreement outlines the roles and
responsibilities of both the City of Bangor and Eastern Maine Community College. We currently have a
similar Clinical Affiliation Agreement in place with other organizations.
Tthe Government Operations Committee has reviewed and recommends approval.
Department Head
Manager's Comments:
Interim City Manager
Associated Information:0--rllAwl
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Budget Approval:
Finance Director
Legal Approval:
Volicitor
Introduced for
x Passage CONSENT
_ First Reading
_ Referral
(� .334
Fes`. Assigned to Councilor - Wheeler September 27, 2010
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G I TY OF BANGOR
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(TITLE.) ORDER, Authorizing the Interim City Manager to Sign an Agreement with Eastern
Maine Community College Regarding Providing a Clinical Experience for EMCC Students
By the City Council of the City of Bangor.
ORDERED,
THAT the Interim City Manager is hereby authorized to sign an Agreement with Eastern Maine
Community College providing for a clinical experience for EMCC students, in a final form as
approved by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
September 27, 2010
Pas ed
CITY CLERK
(TITLE,) e..thnri zine Interim City
Masa$e a Sign an Agreement with
Fastprn Maine Community College Regarding
Providing a Clinical Expreiencetfor EMCC
Students
Assigned -to Councilor r�l�
10 :134
MEMO
September 7, 2010
To: Government Operations Committee
From: Jeffrey Cammack, Fire Chief
Re: Eastern Maine Community College Clinical Affiliation Agreement
Attached is a copy of a Clinical Affiliation Agreement from Eastern Maine Community College
pertaining to their Emergency Medical Services Program.
This agreement outlines the roles and responsibilities of both the City of Bangor and Eastern
Maine Community College when the City of Bangor is providing a clinical experience for
students enrolled in the Emergency Medical Services Program.
The agreement outlines the practices and procedures currently in place.
We currently have a similar Clinical Affiliation Agreement in place with other organizations.
We would like a Committee recommendation to the full Council to enter into this Clinical
Affiliation Agreement with Eastern Maine Community College.
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CLINICAL AFFILIATION AGREEMENT
between
BANGOR FIRE DEPARTMENT
EASTERNand
MAINE COMMUNITY COLLEGE
EMERGENCY MEDICAL SERVICES PROGRAM
WHEREAS, Eastern Maine Community College ("College") desires to provide a quality
educational opportunity for its students; and
WHEREAS, Bangor Fire Department ("Agency") has the facilities, resources and desire
to provide such an opportunity.
NOW, THEREFORE, College and Agency enter into this Clinical Affiliation
Agreement ("Agreement") on the following terns and conditions. This Agreement takes effect
on August 30, 2010, and shall remain in effect until terminated as provided herein.
L AGENCY AGREEMENTS
Agency, its successors and assigns agree to:
A• Accept a mutually agreed upon number of qualified students for a clinical
experience designated in the curriculum plan of College ("clinical experience"),
B. Designate a representative to coordinate with College the implementation of the
clinical experience.
C. Advise appropriate Agency staff of the objectives of the clinical experience so
that the staff may support the intent of this Agreement.
D• Orient College's faculty and students to Agency's facilities
and procedures, and notify, College of charges therein that couldem erially affect
c
the clinical experience.
E• Provide practical learning opportunities by maintaining standards of patient care
and by permitting use of necessary equipment, supplies and services.
S
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F. Should a student or instructor be exposed to blood or other body fluids, determine
whether the exposure to blood or other body fluids creates a significant risk of.
1, infection by any pathogen other than the human immunodeficiency virus
(" H1V") and, if so, take all medically indicated actions pennitted by law in
response to such risk of infection; or
2. HIV infection as defined by governing legal standards and, if so, inform
the patient of the accidental exposure and seek written informed consent
from the patient to submit to an HN test in conformity with the provisions
of S M.R.U., chapter 50.1, or like provision, if any, of the state law, if
other than Maine law, that governs Agency, and document whether such
written informed consent was given or refused.
G. Reserve the right to suspend or terminate the clinical experience of any student
for reasons of unsatisfactory performance, a medical condition that renders a
student unable to perform prograrn requirements, or other reasonable causes
when, in the sole discretion of Agency, it is in the best interests of its patients to
do so; provided that Agency shall consult with College prior to taking any such
action.
H. Maintain, and upon request, furnish proof of general liability insurance in an
amount of coverage not less than $400,000 per occurrence, insuring against the
negligent acts or omissions of Agency employees or agents acting in connection
with this Agreement.
Defend, indemnify and hold harmless College, its officers and employees from
and against all claims, damages, losses and expenses, excluding attorneys' fees,
arising out of or resulting from the execution of this Agreement; provided that any
such claim, damage, loss or expense is (1) attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss
of use thereof; and (2) to the extent that such, claim, damage, loss or expense is
caused by any negligent act or omission of Agency, its officers or employees.
Il• COLLEGE AGREEMENTS
College, its successors and assigns agree to:
A. Conduct a clinical experience in accordance with the standards of the College and
the Maine Community College System.
B. Adhere. to Agency's policies and procedures.
IIL
C.
rol
Designate a qualified person to:
provide Agency with clinical schedules
designate the students and the time and
advance of their assignments; and
agreeable to Agency, and
place of their assignments in
2. otherwise coordinate with Agency execution of this Agreement.
Notify Agency as soon as practical of any changes in College's clinical plan,
faculty designations or student assignments or attendance.
E. Institution shall maintain, and upon request, furnish proof of general liability
insurance in an atnotmt of coverage not less than $400,000 per occurrence, insuring
against the negligent acts or omissions of Institution's faculty acting in connection
with this Agreement.
F. Each student participating in the clinical experience under this Agreement will
maintain and, upon request, furnish proof of professional malpractice liability
insurance in an amount of coverage not less than $1,000,000 per occurrence and
$3,000,000 in the aggregate, insuring against the negligent acts or omissions of
such student.
G. Instructors participating in this clinical experience to carry and, upon request,
furnish proof of professional malpractice liability insurance providing coverage of
not less than $1,000,000 per occurrence and $1,000,000 in the aggregate insuring
against the negligent acts or omissions of such instructors.
H. Subject to Section III.F. herein, defend, indemnify and hold harmless Agency
from and against all loss, claims or damages, excluding attorneys' fees, resulting
from College's execution of this Agreement; provided that any such claim,
damage or loss: 1) is attributable to the wrongful conduct of College; 2) arises
from a claim for which College is not immune under any provision of state or
federal law; 3) does not exceed the liability limits imposed by any state or federal
law; and 4) is one for which College is insured under its then current program of
insurance.
AGENCY AND COLLEGE MUTUAL AGREEMENTS
Agency, College, their successors and assigns mutually agree as follows:
A. Students who meet College's requirements and Agency's standards will be
accepted and assigned without discrimination as to race, color, national origin,
religion, age, gender or handicap.
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B. Students shall not serve or be classified as employees of Agency and shall not be
entitled to compensation from Agency or to any payment from Agency in the
nature of benefits under the Maine Workers' Compensation Act for any accident,
illness or event occurring in Agency and arising out of the clinical experience.
C. Students and instructors will provide to Agency written documentation of:
immunity to or immunization against Mumps, Rubella and Rubeola, Diphtheria,
Varicella and Tetanus (if born after 1956); a yearly tuberculin test or chest x-ray;
and of a Hepatitis B vaccine.
D. Each party will advise the other through its coordinators of any changes bearing
upon the clinical experience and meet as necessary to discuss any matters
regarding the clinical experience.
E. Except as permitted or required by this Agreement or by law, each party will not use
or disclose patient information in a manner that would violate the requirements of 45
CFR § 164.504 and 164.506(e) I known as HiPAA Privacy and Security Standards
contained in the Health Insurance Portability and Accountability Act of 1996
("HIPAA Act") which are incorporated herein by reference. In addition, each party
expressly agrees to use their best efforts to comply with the HIPAA Act in all
respects, including the implementation of all necessary safeguards to prevent such
disclosure and the assurance that any subcontractors or agents to whom either party
provide protected health infiormation agree to the same restrictions and conditions
imposed on the parties hereto under the HIPAA Act.
F. This Agreement shall be governed by and construed according to Maine law, and
Maine shall be the forum for resolving any disputes that arise hereunder. Nothing
in this Agreement is intended to expand or diminish the scope or limits of liability
set forth by the legislature under the Maine Tort Claims Act, 14 M.R.S.A. § 8101,
et seq., or immunities or limitations of any state or federal law.
G. This Agreement may be amended or terminated as follows:
I Agency and College will evaluate on an annual basis the effectiveness of
the clinical experience provided under this Agreement.
2. This Agreement may be amended upon consent of each party. Any such
amendment shall be in writing as a Rider, signed by both parties, and
attached hereto and made a part hereof.
3. This Agreement may be terminated by either party for convenience or
cause. Said termination shall be in writing and effective upon receipt of
notice of termination, or such other date as is specified in the termination
notice.
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4. In the event of termination of the Agreement, students enrolled in the
clinical experience will be permitted to complete the clinical experience
under the conditions as set forth in this Agreement, unless such
continuation is not reasonably possible.
IN WITLESS WIRE + OF, Agency and College have signed this Agreement by their
authorized representatives.
BANGOR FIRE DEPARTMENT EASTERN MAINE COMMUNITY
By: By: GAJ
r
Name: Jeff Cammack �Najn : Jce B. Hedlund
Title: Chief, Bangor Fire Department �FrEle: President
Date: _ Date: Y-�� �
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