HomeMy WebLinkAbout10655RESOLUTION NO. 10655
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO
ENTER INTO AN AGREEMENT WITH ST. ANTHONY HOSPITAL, A MEMBER OF CENTURA
HEALTH INSTITUTE OF EMERGENCY MEDICAL TRAINING, FOR THE PURPOSE OF
ACQUIRING EXPERIENCE IN OBSERVING AND PERFORMING PATIENT CARE FOR
PARAMEDIC STUDENTS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between St. Anthony Hospital, a member of Centura Health, Institute of
Emergency Medical Training and the City of Pueblo, to allow paramedic students to ride on Fire
Department apparatus for the purpose of acquiring experience in the performance of patient care,
a copy of which is attached hereto, is approved. The President of the City Council is authorized to
execute the agreement in the name of the City.
SECTION 2.
This resolution shall become effective upon final approval.
BY Randy Thurston
Councilperson
APPROVED: — ,
President of City Council
ATTESTED BY:
CITY CLERK
INTRODUCED February 27, 2006
E _
Background Paper for Proposed
RESOLUTION
/moo. 0/0&55-
AGENDA ITEM # g
DATE: FEBRUARY 27, 2006
DEPARTMENT: FIRE -GREG MILLER
TITLE
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, TO ENTER INTO AN AGREEMENT WITH ST. ANTHONY
HOSPITAL, A MEMBER OF CENTURA HEALTH INSTITUTE OF EMERGENCY
MEDICAL TRAINING, FOR THE PURPOSE OF ACQUIRING EXPERIENCE IN
OBSERVING AND PERFORMING PATIENT CARE FOR PARAMEDIC
STUDENTS.
ISSUE
Should the City of Pueblo enter into an agreement with St. Anthony Hospital, a
member of Centura Health Institute of Emergency Medical Training?
RECOMMENDATION
Approval of Resolution
BACKGROUND
The Fire Department wishes to enter into an agreement with St. Anthony Hospital
that will assist the Fire Department paramedic students in acquiring the
necessary class requirements
FINANCIAL IMPACT
Positive financial impact due to the amount of free class time granted by St.
Anthony's.
AGREEMENT
THE AGREEMENT made and entered into this 5th day of December, 2005 by and between St.
Anthony Hospital, a member of Centura Health, Institute of Emergency Medical Training, hereinafter
referred to as "the Institute" and the City of pueblo, hereinafter referred to as "the Agency":
WHEREAS, the Institute is a training program which is approved by the State of Colorado Emergency
Medical Services Division (EMS Division) to provide education to students pursuing paramedical twining; and
WHEREAS, the Institute desires to make use of the resources and services of the Agency to further the
educational experience of the Institute's students; and
WHEREAS, the Agency Is a prehospital services service agency which can provide paramedic students
with clinical practice and preceptorship necessary for completion of paramedical training; and
WHEREAS, the parties have discussed the nature of paramedic student participation with Agency's EMS
service and patient encounters; and
NOW THEREFORE, the parties mutually agree to cooperate in the arrangement for Institute paramedic
students to acquire experience in the observation and performance of patient encounters and under the
preceptorship of the Agency's paramedical personnel upon terms and conditions set forth herein, the adequacy
of consideration which is duly acknowledged;
I. The Institute's R
1. The Institute agrees to meet with a representative of the Agency to arrange for Institute paramedic
students to schedule assignment to EMS units for prehospital "clinical rides" at times and during shifts with
paramedic preceptors to provide instruction and supervision as mutually agreeable to the parties.
2. The Institute will provide the Agency with the names of the students and verification that the named
students are in compliance with the Institute's policies and procedures with regard to Institute pre- requisites for
clinical rides prior to the commencement of any clinical ride.
3. Any Institute paramedic student shall be covered by or through the Institute for professional liability and
general liability in amounts mutually agreeable to the parties. The Institute shall make available to the Agency
a copy of the certificate of insurance upon reasonable request and notify the Agency of any modifications or
cancellation of same.
4. The Institute shall designate a member of its faculty or program to coordinate the scheduling of
students, manage any student misconduct or allegations of misconduct that are reported by the Agency to have
occurred or allegedly occurred.
5. The parties acknowledge and agree that the arrangements described herein are made for the benefit of
the Institute, its paramedic students, and the public in general, and that no paramedic student shall be
considered an employee of the Agency for any purpose. The Institute shall require that each paramedic student
provide proof of Worker Compensation insurance, or other health and injury insurance satisfactory to the
Agency. No paramedic student shall be paid for services rendered while in training with the Agency. As a
condition of participating in Agency's clinical rides, paramedic students shall execute such releases or waivers as
the Agency may require as evidence that paramedic students are not employees of the Agency.
6. The Institute shall provide to the Agency the evaluation tool to be utilized by preceptors in the
evaluation of the Institute's paramedic students. The Institute further agrees to make available to the
preceptors any training or in- service necessary for satisfactory preceptorship.
7. The Institute shall instruct its paramedic students that the paramedic student is not to perform clinical
services except under the supervision of an Agency paramedic during clinical rides.
8. The Institute shall provide to the Agency a tuition waiver (calculated per each class /cycle) of $48.00/24 -
hour shift utilized by St. Anthony Hospitals EMS Students with the Agency.
9 The Institute possesses (will provide documentation upon request) the following information prior to
and during placement of student: documentation of immunity to measles (rubeola) and Rubella; documentation
of two -step and annual negative PPD results or documentation of current chest x -ray; documentation of
Hepatitis B vaccine or annual statement of declination, and HIPAA Training.
10. The Institute shall indemnify, keep and hold the Agency, their respective agents, officers, directors, elected
officials, contractors, volunteers and employees (collectively the "Released Parties ") harmless from and against
all claims, liabilities, judgments, costs, damages, losses, and expenses, including court costs, attorney's fees,
subrogation and /or derivative claims, that may be asserted by or on behalf of the Institute, any Institute
student, and /or any third party or insurer arising out of or relating to any acts or omissions of the Institute, its
students, or agents.
11. Institute shall obtain, and maintain at all times during the term of this Agreement, insurance in the
following kinds and amounts:
A. General and Personal Injury Liability (including bodily injury, personal injury, and
property damage) minimum coverage:
1. Combined single limit of $600,000 if written on an occurrence basis.
2. Any aggregate limit will not be less than $1,000,000.
3. Combined single limit of $600,000 for policies written on a claims -made basis. The
policy shall include an endorsement, certificate, or other evidence that coverage extends two years beyond the
performance period of the Agreement.
4. If any aggregate limits are reduced below $600,000 because of claims made or paid
during the required policy period, Institute shall immediately obtain additional insurance to restore the full
aggregate limit and furnish a certificate or other document showing compliance with this provision.
B. The insurance shall include provisions preventing cancellation without 60 days prior
notice to the Agency by certified mail.
C. Institute shall provide certificates showing adequate insurance coverage upon request.
II. Agency Resoonrsibilities
1. The Agency shall designate a member of it's staff to be the coordinator or contact person for scheduling
of paramedic students for clinical rides.
2. The Agency shall provide the Institute with a copy of any policies and procedures of the Agency which
are pertinent to the clinical rides and to enable the paramedic student to function appropriately with the Agency.
3. The Agency may require the Institute to withdraw a paramedic student whose performance has been
identified by a preceptor or the Agency coordinator as failing to meet generally accepted standards of conduct
that may endanger the safety and well -being of the paramedic student, an Agency employee, a patient, or the
public; or which may interfere with the prehospital services of the Agency. Institute's students shall comply with
Agerx.ys policies and procedures, state and federal laws and regulations, including, but not limited to, Joint
Commission on Accreditation of Healthcare Organization guidelines (JCAHO), CMS rules, HIPAA guidelines and
other regulatory agency requirements. Students assigned to Agency who do not abide by the policies and
procedures of Agency, as well as, state and federal laws and regulations, including JCAHO guidelines, HIPAA
guidelines, CMS rules and other regulatory agency requirements or meet the standards of safety, health and
ethical behavior prescribed thereby, may be denied further access to Agency facilities.
4. The Agency shall not discriminate against any paramedic student based on any race, age, color, sex,
national origin, or disability for which reasonable accommodation is available.
5. The Agency shall at all times during which clinical rides are being conducted be operating its service in
compliance with all local, county, state, and federal laws, rules and regulations.
6. HIPAA COMPLIANCE
6.1 The Agreement shall be subject to the following conditions in compliance
with the Administrative Simplification provisions of the Health Insurance
Portability and Accountability Act of 1996, 42 U.S.0 § 1320d to 13204 -7
( "HIPAA ") and the final regulations implementing the privacy provisions of
HIPAA as amended from time to time, oxlified at 45 C.F.R. Parts 160 and 164
( "Privacy Regulation "):
6.2 The parties understand that student, in the performance of his or her
assigned responsibilities, may have access to any individually identifiable health
information of patients of Agency. The parties further agree that such access shall
be limited to the Student only, and that Institute shall not require or request
access to any individually identifiable patient information of Agency.
6.3 Agency shall designate Student as a member of its "workforce," as such
tern is defined in the Privacy Regulation, for purposes carrying out Student duties
under the Assignment. Such designation is for purposes of HIPAA compliance
only and shall not be construed as obligation to pay wages and benefits, administer
benefit programs, withhold and remit income and payroll taxes.
6.4 As a member of Agency's workforce, Student will have access to, in the
same manner as other employees of Agency performing the same or similar job
functions, such information as is necessary for Student to effectively
perform the duties assigned to Student, such access being under the
direction and control of Agency. Student agrees to use this information
only as needed for the performance of his or her assigned duties and to not use such
information for any other purpose. In addition, Student will not disclose
or use any information it may receive or develop as a result of its contacts with
Agency's patients for any purpose other than necessary to perform his or her
assigned responsibilities.
6.5 Student shall be subject to Agency's policies and procedures governing the
privacy and security of protected health information ( "PHI ") of Agency's patients.
Agency shall be responsible for providing the necessary training to Student prior to
the beginning of dinicals as required by HIPAA and consistent with the
training provided to other members of Agency's workforce.
6.6 In the event of any change of law or regulation, which prohibits Student
from being designated as a member of Agency's workforce, or any action or
threatened action by federal, state or local authorities that such designation creates
a serious risk of assessment, sanction, penalty or other serious consequence to
Agency or Institute, the parties agree to negotiate in good faith to reform or modify
this Agreement or enter into a separate agreement as necessary to permit Agency to
share PHI with Student as necessary for Student to perform his or
her responsibilities under time Agreement.
1. The term of this agreement shall be for 24 months, commencing on the date both parties have
executed this Agreement. This Agreement shall be extended for additional periods of 12 months unless
otherwise modified in writing upon the mutual consent of the parties hereto or as otherwise provided in this
Agreement.
2. Either party may terminate this Agreement without cause by giving not less than ninety (90) days prior
notice in writing. Not withstanding paragraph 1 above.
3. Notices concerning termination of this Agreement, notice of alleged or actual violation(s) of the
provisions of this Agreement, and any other notices, shall be given in person or to the address listed herein or
as amended by the party:
The Institute: The Agency..
St Anthony Paramedic Program The City of Pueblo
4231 West le Avenue 1551 Bonforte Blvd
Denver, CO 80204 Pueblo, CO 81001
4. It is expressly understood and acknowledged by the parties hereto that the status of the Institute is that
of independent contractor and it is not intended nor shall it be construed that any student, faculty member, or
staff of the Institute is an employee, agent, or officer of the Agency.
5. This Agreement shall be construed and enforced consistent with the laws of the State of Colorado.
6. It is expressly understood and agreed that the enforcement and provision of this Agreement, and all
rights of action reiating to such enforcement, shall be strictly construed to be reserved to the parties hereto and
that nothing contained in this Agreement shall be construed to create or allow any claim by another or third
person.
7. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and
all of which, when taken together and executed, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties duly authorized, execute this Agreement on the date first written above:
THE
Institute of Efribrgency Medical Training
Paramedic Program
THE AGEN_�.
The CRy of