Ordinance No. 15,557 ORDINANCE NO. 15,557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A STUDENT FIELD EXPERIENCE FIELD SITE AFFILIATION
AGREEMENT WITH LEE COLLEGE FOR EDUCATIONAL EXPERIENCES
FOR THE STUDENTS ENROLLED IN THE EMERGENCY MEDICAL
TECHNICIANS PROGRAM AT LEE COLLEGE;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas,hereby authorizes and
directs the City Manager to execute a Student Field Experience Field Site Affiliation Agreement
with Lee College for educational field experiences for the students enrolled in the Emergency
Medical Technicians program at Lee College.A copy of said agreement is attached hereto,marked
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 28th day of September,
TObV'�/ NDON C PETILLO,Mayor
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ANGELA CKS 'tf Clerk•.•'Q
APPROVED AS O ORM:
SCOTT L OND, City Attorney
R:Karen Anderson.ORDINANCES\2023\2023.09.28\LeeCollegeFieldSiteAffiliationAgreement.docx
EXHIBIT "AIL
LEE COLLEGE
CENTER FOR WORKFORCE AND
COMMUNITY DEVELOPMENT
STUDENT FIELD EXPERIENCE
FIELD SITE AFFILIATION AGREEMENT
THIS AGREEMENT (the "Agreement") is made by and between THE LEE
COLLEGE DISTRICT, located at 200 Lee Drive, Baytown, TX, 77520, ("Lee") and
City of Baytown Baytown Fire Department located at 201 E Wye Dr. Baytown, TX.
77521 ("Field
Site").
RECITALS
WHEREAS, Lee offers among other things, an educational program for the
training of Emergency Medical Technicians and seeks to partner with Field Site for
educational field experiences for the students enrolled in the program(the "Students");
WHEREAS, the proper training of the Students requires field experiences with
practical lab./clinical problems("Field Experience Program");
WHEREAS, the Field Site is willing to make available its educational and
professional resources to such Students;and
WHEREAS, Lee and the Field Site mutually desire to contribute to the education
and professional growth of the Students.
NOW,THEREFORE, in consideration of the mutual promises and covenants hereinafter
set forth,it is understood and agreed upon by the parties hereto, as follows:
I. TERM AND TERMINATION
This Agreement shall commence on 09/01/2023 and shall continue for a period of one (1)
year(the "Initial Tenn"). Upon expiration of the Initial Term of this Agreement, this Agreement
and the Term shall renew for successive one (I)-year periods (each a "Renewal Term").
Notwithstanding the foregoing, either party may terminate this Agreement for any reason or no
reason, upon thirty (30) calendar days' prior written notice to the other party. In the event
of termination before any participating Student(s) has completed the then-current term, such
Student(s) shall be permitted to complete the then-current term subject to the applicable terms of
this Agreement, which shall survive until the date of such completion.
II. LEE RESPONSIBILITIES
A. Lee shall be responsible for the assignment of Students to the Field Site. Lee agrees
to refer to the Field Site only those Students who have completed the required prerequisite course(s)
of study as determined by Lee.
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LEE COLLEGE
CENTER FOR WORKFORCE ANL
COMMUNITY DEVELOPMENT
B. Lee shall provide a Field Education Coordinator who will act as a liaison between Lee
and the Field Site. The Field Education Coordinator will be responsible for maintaining
communication with the Field Site including,but not limited to:
(1) Confirming any contact information for Students to the Field Site Program
Coordinator(defined below), as defined below,prior to the Students assignment;
(2) Supplying the Field Site with information regarding the Students'current level
of academic preparation as may be required by the Field Site; and
(3) Scheduling dates, times and other arrangements for the Field Experience
Program in conjunction with the Instructor(defined below)and the Field Site,all with a view toward
ensuring proper coordination of the needs and programming of the Field Site with the needs of the
Students.
C. Lee shall provide a Lee College Instructor(the"Instructor")who will serve as the academic
course instructor and/or clinical field experience instructor for the educational experience. The
Instructor will have responsibilities including,but not limited to:
(1) Communicating with the Preceptor(defined below)(if a Preceptor is needed)
relating to Students' clinical educational experience at the Field Site; and
(2) Evaluating Students' academic and clinical work relating to the clinical
educational experience at the Field Site.
D. Lee shall provide the Field Site with information regarding the particular requirements
relating to the Field Experience Program including required hours and supervision requirements.
E. Lee shall inform its faculty and Students of the requirement to comply with Field
Site's policies and procedures when in attendance at Field Site's facilities.
F. Lee shall inform all Students that they are not employees of Field Site.
III. FIELD SITE RESPONSIBILITIES
A. When available, or as needed, the Field Site shall assign a staff member (Office
Manager, etc.) to serve as the coordinator for the Field Experience Program at the Field Site (the
"Field Site Program Coordinator"). The Field Site Program Coordinator shall be responsible for:
(1) Planning and coordinating the education arrangements between the Field Site,
the Students and Lee;
(2) Serving as a liaison between the Field Site and Lee; and
LEE COLLEGE
CENTER FOR WORKFORCE AND
COMMUNITY DEVELOPMENT
(3) Developing and administering an orientation program for Students which will
familiarize the Students with the Field Site and all applicable policies and procedures.
B. The Field Site may,upon their discretion, assign a qualified staff member having the
appropriate and required credentials to serve as the clinical preceptor(the"Preceptor")for each
Students. Preceptors shall provide instruction and clinical services in accordance with the
appropriate clinical practice and shall educate Students as to the requirements of the clinical
practice. The Preceptor shall work with the Instructor to review and evaluate the Students in the
Field Experience Program. Notwithstanding anything contained herein to the contrary, Lee
reserves the right at its sole discretion to assign grades to Students in accordance with its policies
and practices.
C. The Field Site shall provide observation and clinical experiences for the Students that
are planned, organized and administered by qualified staff in accordance with mutually agreed upon
educational objectives and guidelines.
D. Field Site shall provide Students with an orientation familiarizing Students with
operations, policies, procedures, of the site as well as all applicable State and Federal laws and
regulations that pertain to practice at the Field Site, including those pertaining to Standards for
Privacy of Individually Identifiable Health Information (the "Privacy Rule") issued under the
federal Health Insurance Portability and Accountability Act of 1996("HIPAA"),which govern the
use and/or disclosure of individually identifiable health information.
E. Field Site shall assure that the Students practices within the guidelines of any
applicable professional ethics codes. Field Site shall provide resources to Students for exploring
and resolving any ethical conflicts that may arise during field training.
F. If a Preceptor is assigned, they shall complete,with the Instructor and Students, all written
evaluations of the Students' performance according to the timeline established by Lee.
Evaluations will be submitted to the Field Education Coordinator.
G. The Field Site reserves the right to dismiss at any time any Students whose health
condition,conduct or performance is a detriment to the Students' ability to successfully complete the
Field Experience Program at the Field Site or jeopardizes the health, safety or well-being of any
patients, clients or employees of the Field Site. The Field Site Program Coordinator or assigned
Preceptor shall promptly notify the Field Education Coordinator of any problem or difficulty arising
with Students and a discussion shall be held either by telephone or in person to determine the
appropriate course of action. The Field Site will, however,have final responsibility and authority to
dismiss any Students from the Field Experience Program.
H. The Field Site shall ensure adequate workspace for Students and shall permit the
use of diagnostic and therapeutic equipment,instructional resources,procedure manuals,and client
records as required by the Field Experience Program.
LEE COLLEGE
CENTER FOR WORKFORCE AND
COMMUNITY DEVELOPMENT
I. The Field Site maintains general and professional liability insurance (or comparable
coverage under a program of self-insurance)for itself and its employees with a single limit of no less
than One Million Dollars($1,000,000)per occurrence and Two Million Dollars($2,000,000)annual
aggregate. The Field Site shall provide Lee with proof of coverage upon request.
J. To the extent that the Field Site is an entity governed by and/or operated through any
state or federal agency or is provided liability coverage through statutory or tort law, then the
foregoing paragraph shall not apply and the Field Site shall provide a separate statement of coverage
and attach it as an Exhibit A to this Agreement.
K. Field Site maintains authority and responsibility for care given to its patients and is
entitled to remove a Student from the affiliation when continuance would interfere with its primary
responsibility of patient care.
IV. STUDENT RESPONSIBILITIES
A. The Students shall provide their own transportation to and from the Field Site as well
as any meals or snacks required during the clinical experience.
B. The Students shall agree to abide by the rules,regulations,policies and procedures of
the Field Site as provided to Students by the Field Site during their orientation at the Field Site.
C. The Students shall agree to comply with the Privacy Rule, which govern the use
and/or disclosure of individually identifiable health information, provided that Field Site shall be
responsible for ensuring Students are informed regarding such legal requirements.
D. Students shall arrange for and provide to Field Site any required information
including, but not limited to, criminal background checks, health information, verification of
certification and/or licensure, insurance information and information relating to participation in
federally funded insurance programs.
V. MUTUAL RESPONSIBILITIES
A. FERPA. For purposes of this Agreement,pursuant to the Family Educational Rights
and Privacy Act of 1974 ("FERPA"), the parties acknowledge and agree that the Field Site has an
educational interest in the educational records of the Students participating in the Program and to the
extent that access to Students' records are required by the Field Site in order to carry out the Field
Experience Program.
B. HIPAA. The parties agree that:
LEE COLLEGE
CENTER FOR WORKFORCE ANO
COMMUNITY OEYELOPMENT
(1) The Field Site is a covered entity for purposes of HIPAA and any regulations
and official guidance promulgated thereunder,as amended by the Health Information Technology for
Economic and Clinical Health Act ("HITECH") (together referred to as the "HIPAA Privacy
Regulations");
(2) to the extent that Students are participating in the Field Experience Program:
(a) Students shall be considered part of the Field Site's workforce for
HIPAA compliance purposes in accordance with 45 CFR§160.103,but shall not be construed to be
employees of the Field Site;
(b) Students shall receive training by the Field Site on, and subject to
compliance with, all of Field Site's privacy policies adopted pursuant to HIPAA; and
(c) Students shall not disclose any Protected Health Information, as that
term is defined by 45 CFR §164.105, to which Students have access through Program participation
that has not first been de-identified as provided in 45 CFR§164.514(a);
(3) Lee will never access or request to access any Protected Health Information
held or collected by or on behalf of the Field Site that has not first been de-identified as provided in
45 CFR§164.514(a); and
(4) No services are being provided to the Field Site by Lee 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.
C. The Field Site and Lee will promote a coordinated effort by evaluating the Program
annually, planning for its continuous improvement, making such changes as are deemed advisable
and discussing problems as they arise concerning this affiliation.
D. The parties agree that Students participating in the Field Experience Program are at
all times acting as independent contractors and that Students are not and will not be considered
employees of the Field Site or any of its subsidiaries or affiliates by virtue of a Students'participation
in the Field Experience Program and shall not as a result of Students' participation in the Field
Experience Program,be entitled to compensation,remuneration or benefits of any kind. .
E. The Field Site and Lee agree that Students will have equal access to their respective
programs and facilities and that the parties shall not discriminate against Students or other persons
based on race, color, sex, age, religion or creed, marital status, disability, national or ethnic origin,
socioeconomic status,veteran status,sexual orientation or other legally protected status.
F. The terms and conditions of this Agreement may be amended only by written
instrument executed by both parties.
LEE COLLEGE
CENTER FOR WORKFORCE AND
COMMUNITY OEVELOVMEN•
G. This Agreement is nonexclusive. The Field Site and Lee reserve the right to enter into
similar agreements with other institutions.
H. This agreement shall be governed by and construed and enforced in accordance with
the laws of the State of Texas. This agreement shall be performed in Harris County,Texas,and venue
for any legal dispute related to this agreement shall be exclusively in Harris County.
I. Any notice required hereunder shall be sent by certified or registered mail, return
receipt requested and shall be deemed given upon deposit thereof in the U.S.mail(postage prepaid).
J. This Agreement sets forth the entire understanding of the parties hereto and
supersedes any and all prior agreements, arrangements and understandings, oral or written,of any
nature whatsoever,between the parties with respect to the subject matter hereof.
K. This Agreement may be simultaneously executed in any number of counterparts,
each of which will serve as an original and, will constitute one and the same instrument.
L. The assignment of this Agreement by either party is prohibited without the prior
written consent of the other party,which consent will not be unreasonably withheld.
M. The captions and headings appearing in this Agreement are inserted merely to
facilitate reference and will have no bearing upon its interpretation.
N. If any of the terms, covenants or conditions of this Agreement, or the application
of any term, covenant, or condition, is held invalid as to any person or circumstance by any court
with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or
conditions to other persons or circumstances, will not be affected.
O. Any waiver by any party of its rights with respect to a default or requirement under
this Agreement will not be deemed a waiver of any subsequent default or other matter.
P. Except as otherwise expressly provided herein, nothing in this Agreement, express
or implied, is intended to confer upon any person, other than the parties, any rights, benefits, or
remedies under or by reason of this Agreement.
Q. Each party agrees to execute and deliver all such other and further instruments and
undertake such actions as are or may become necessary or convenient to effectuate the purposes
and intent of this Agreement.
R. Neither party waives or relinquishes any immunity or defense on behalf of itself,
its trustees, officers, employees, and/or agents as a result of its execution of this Agreement and
performance of the functions or obligations described herein. Furthermore, nothing in this
Agreement shall be construed to create a claim or cause of action against either party for which it
is not otherwise liable,or to waive any immunity or defense to which either party may be entitled,
or to create an impermissible deficiency debt of either party.
LEE COLLEGE
CENTER FOR WORKFORCE AND
COMMUNITY DEVELOPMENT
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, effective
the date first above written:
THE LEE COLLEGE DISTRICT:
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City of Baytown
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