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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 11�rrcmll— Budget Approval: Finance Director Legal Approval: Volicitor Introduced for x Passage CONSENT _ First Reading _ Referral (� .334 Fes`. Assigned to Councilor - Wheeler September 27, 2010 � -ke G I TY OF BANGOR o 4 ED, > _ ^AiED.F (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. 10 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 10 334 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. 10 334 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. r� 1� 34 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-�� � Exr:nEe�Klniat A!(j�µ4pp A�pa:merl•MA57(:It SM?7 Fff.Aa, Ms, )"M