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HomeMy WebLinkAbout2016-724-E Emergency Svc - Durham Tech Site Affiliation AgreementPageͳ AFFILIATION AGREEMENT BETWEEN DURHAM TECHNICAL COMMUNITY COLLEGE Emergency Medical Science Program AND Orange County Emergency Services This contract made and entered into this 6th day of April, 2016 between Orange County, a local political subdivision of the State of North Carolina, by and through its Emergency Services Department (hereinafter referred to as the “Agency”) and Durham Technical Community College (hereinafter referred to as the “College”). WITNESSETH WHEAREAS, the Agency desires to provide a clinical setting for EMS students to train, experience, and enhance their PROGRAM skills, and WHEREAS, the College wishes to send certain EMS students to the Agency for additional training, NOW THEREFORE, in consideration of the covenants set forth, the Agency and the College agree as follows: Responsibilities of Agency 1. The Agency agrees to provide clinical facilities suitable for the fulfillment of the objectives of the EMS program. 2. The Agency will provide a coordinator to regularly communicate with the College regarding numbers of students, clinical assignments (including days and hours), and all other details to ensure the smooth operation of the program. 3. The Agency agrees that all patient care activities are the responsibility of the Agency. 4. The agency agrees to provide preceptors to oversee all actions of the student. 5. The Agency agrees to provide, if needed and when available, adequate and suitable classrooms, conference rooms, and other teaching space adequate for the students' clinical experience. 6. The Agency will permit and encourage College representatives, its faculty and students to participate in orientation sessions in connection with the clinical experience as DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 Pageʹ required by the agency. 7. The Agency agrees to share all appropriate information with the College regarding both patients and services in order for the students to perform their professional services. 8. The students assigned to the Agency will not be eligible for financial compensation during the practical training within the Agency (wages, salaries, worker’ compensation, etc) 9. The Agency agrees that no tuition or fees for clinical training shall be collected from the students. The College's Responsibilities 1. That the College will make arrangement for professional liability coverage in the amounts of $2,000,000 per occurrence, $5,000,000 per aggregate for the acts and omissions of the EMS Program faculty members and students. The College will provide a certificate of insurance to the Agency. 2. The College agrees that the student and the faculty members are not agents, servants, or employees of the Agency. The student assigned to the Agency and College faculty will not be eligible for financial compensation during the practical training within the Agency (wages, salaries, worker’ compensation, etc.). 3. The College is responsible for assuring that students have a satisfactory health appraisal on file, including, but not limited to, a negative PPD test on file (Current within 1 year) or proof of a negative TB screening for positive PPD reactors, and Hepatitis B vaccine or Hepatitis B waiver. 4. The College will appoint a coordinator to act as a liaison with the Agency’s coordinator to arrange for clinical rotations, student assignments, and other details to effectuate the goals of the program. 5. The College, its faculty and students, agree to review and abide by the Agency’s institutional policies, profession protocols, and bylaws. 6. The College insures that each faculty member who is supervising a student's practice is qualified under the requirements of the College and is currently licensed in North Carolina. 7. The College agrees that (if required by the Agency) a state criminal background check and/or drug screening be conducted on all students and Faculty to be assigned to the Agency under this Agreement. Such criminal background check shall be conducted in all states where the assigned Student or Faculty has lived, worked, or gone to school from the date the assigned individual turned eighteen (18) years of age. The criminal DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 Page͵ background check will include both felonies and misdemeanor. The National Sex Offender Registry is included in the criminal background check. The drug test is a 12- panel urine screen report from a National Institute of Drug Abuse-approved laboratory. The student and/or Faculty will pay for the conducting of the criminal background check and drug screening directly with (Certified Background) the provider of this service selected by the College in accordance with the procedures established by the College. In return, the person responsible for receiving the results at the Agency will be giving a password directly from Certified Background to view the reports and determine then acceptable or not for the clinical experience. The Agency will contact the College by email with their answer directly to the EMS Program Clinical Coordinator, the person responsible for receiving the results at the College. The Agency reserves the right not to accept any student who has a criminal record or positive drug screening into the clinical training program. The Agency understands that the College may not receive, transmit nor retain copies of the criminal background check or drug screening results. The Agency understands that students with positive results that are denied clinical placement are allowed one appeal. The Agency agrees to review that appeal and to contact the College by email with their answer. The college will not provide specific information to students regarding which clinical agencies accept or deny access to clinical placement without expressed permission from the clinical agency. The Agency agrees to hold the College harmless for nay claims that might arise from the Agency’s use or reliance on CBC or drug screening information. Miscellaneous 1. This agreement shall begin on March 1, 2016 and run to the February 28, 2017. This agreement shall automatically renew from year to year. The agreement may be terminated by either party provided written notice of termination is furnished to the other party at least three (3) months prior to such termination. The contract shall nevertheless remain in force as affecting any student in the program until the student has completed his/her course of instruction. 2. The College will provide an exposure control plan and guidelines for its faculty and students in accordance with OSHA Standards for Bloodborne Pathogens. In the event of exposure incidents involving College faculty or students during clinical training within the Agency’s facilities, the Agency agrees to assist the College in providing appropriate post-exposure evaluation and follow-up as required by the OSHA standards and the College's Exposure Control Plan. The College will reimburse or cover the costs of exposure incidents and follow-ups resulting from acts or omissions of faculty employed by the College to the extent permitted by law. Students will be responsible for all costs incurred during their post-evaluation and follow-up. The College will DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 PageͶ provide a copy of its exposure control plan and guidelines to the Agency upon request. 3. The Agency retains full authority and responsibility for the care and treatment of its patients and will have administrative and professional supervision of any college students while said students are involved in clinical training within the Agency under this contract. The Agency reserves the right to dismiss from the clinical experience any students or faculty for reasons of misconduct or failure to follow rules and regulations. Reasons for such action will be furnished to the College in writing. 4. This agreement contains the entire understanding of the parties and shall not be altered, amended, or modified except by an agreement in writing executed by the duly authorized officials of both parties. 5. The laws of North Carolina shall govern the validity and interpretation of the provisions, term, and conditions of the Agreement. 6. The Agency herby agrees with the College that, in its educational practices, it will comply with any such non-discrimination laws as may be applicable to it in the performance of this Agreement without regard to race, national origin, age, sex, religion, disability or genetic information. Indemnification The Agency understands that the College has governmental immunity which it has not statutory authority to waive except to the extent that it is insured. For that reason, except as to matters and things covered by insurance as set out herein, the College agrees to protect or indemnify the Agency against claims, injuries, damages, or the like. Privacy Agency and College acknowledge that as a condition of participation in this training experience, Students are required to maintain protected health information of the patients in accordance with the Health Insurance Portability and Accountability Act of 1996, and all applicable regulations promulgated hereunder (collectively, "HIPAA"), including information obtained through use of computer systems. Agency shall educate Students regarding its confidentiality and privacy policies and procedures. Agency and the College shall instruct Students that information regarding patients shall be held in confidence, all protected health information regarding Agency patients shall be maintained by Student in compliance with HIPAA, Students shall not make copies of patient records and Students shall not identify patients or any protected health information in any papers, reports or case studies provided to College without first DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 Pageͷ obtaining permission of the Agency and complying with Agency’s confidentiality and privacy policies and procedures. The College shall not request Students to identify patients or any protected health information in any papers, reports or case studies provided to College without first obtaining permission of the Agency and complying with confidentiality, privacy and security policies and procedures. The College will comply with the applicable HIPAA requirements and, in the event that the Agency determines that some or all of the activities performed by Students and, through supervision of Students, the College, would cause the College to meet the definition of a “business associate” of the Agency under HIPAA, the College understands that it will be asked to execute such agreements and practices as the Hospital may require to ensure compliance, including the execution of a Business Associate Agreement between the Agency and the College. Activities within the scope of this Agreement which may cause the college to be considered a “business associate” of the Agency under HIPAA include, but are not limited to, the College sending Faculty to provide clinical instruction and supervision for students in the Hospital setting, or the College requesting and/or receiving from Students Protected Health Information, as defined in the HIPAA Privacy Rule, which has been disclosed during the clinical instruction. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 Page͸ SIGNATURE PAGE IN WITNESS WHEREOF, the parties have set their hands and seals. _________________________________________ ________________________ Dinah Jeffries Date Interim Emergency Services Director Orange County Emergency Services _________________________________________ ________________________ Kim Woodward Date EMS Operations Manager Orange County Emergency Services _________________________________________ ________________________ Peter Wooldridge Ph.D Date Vice President for Corporate and Continuing Education Durham Technical Community College _________________________________________ ________________________ Randall J. Egsegian, Ph.D. Date Dean and Department Head Public Safety Department Durham Technical Community College _________________________________________ ________________________ John M. Deal, MHS Date Program Director, Emergency Medical Science Program Durham Technical Community College DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843      DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 ZOVIDERS SERVICE Cf#A ORGANIZATION PURCHASING GROUP mnso Certificate of Insurance nurses service ur�niza[iun-- OCCURENCE POLICY FORM Print Date: 9/25/2015 Producer Branch Prefix Policy Number Policy Period 018098 970 HPG 0127265153 from 10101115to 10101I16at 12:01 AM Standard Time Named Insured and Address: Program Administered by: Durham Technical Community College Nurses Service Organization 1637 E Lawson St 159 E. County Line Road Durham, NC 27703-5023 Hatboro, PA 19040-1218 1-800-986-4627 www.nso.com Medical Specialty: Code: Insurance is provided by: School Blanket-Healthcare Provider Students 80998 American Casualty Company of Reading, Pennsylvania 333 S. Wabash Avenue, Chicago, IL 60604 Professional Liability $2,000,000 each claim $5,000,000 aggregate Your professional liability limits shown above include the following: Personal Injury Liability Coverage Extensions Grievance Proceedings $ 1,000 per proceeding $ 10,000 aggregate Defendant Expense Benefit $ 10,000 aggregate Deposition Representation $ 1,000 per deposition $ 5,000 aggregate Assault $ 1,000 per incident $25,000 aggregate Medical Payments $ 2,000 per person $ 100,000 aggregate First Aid S 500 per incident $25,000 aggregate Damage to Property of Others $ 250 per incident $ 10,000 aggregate Total: $22,162.00 Base Premium $22,162.00 Policy Forms& Endorsements(Please see attached list for a general description of many common policy forms and endorsements.) G-144918-A CNA79561 G-144931-A32 G-144932-A32 G-144922-A Keep this document in a safe place.It and proof of payment are your proof coverage, There is no coverage in force unless the premium is paid in full In order to activate your coverage,please remit Chairman of the Board Secretary premium in full by the effective date of this Certificate of Insurance, Master Policy#188711433 G-141241-B(03/2010) Coverage Change Date: Endorsement Change Date: DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 Compensation and Other disclosure Information Healthcare Providers Service Organization(HPSO)a registered trade name of Affinity Insurance Services,Inc.,exclusively offers the HPSO Program as an agent of CNA and provides services that may include the following-program marketing,underwriting,policy management,billing,risk management and client services on its behalf, Affinity Insurance Services Inc.is an insurance producer licensed in your state.Insurance producers are authorized by their license to confer with insurance purchasers about the benefits,terms and conditions of insurance contracts;to offer advice concerning the substantive benefits of particular insurance contracts;to sell insurance;and to obtain insurance for purchasers.The role of the producer in any particular transaction involves one or more of time activities.Compensation will be paid to the producer,based on the insurance contract the producer sells.Depending on the insurer(s)and insurance contract(s)the purchaser selects,compensation will be paid by the insurer(s)selling the insurance contract or by another third party.Such compensation may vary depending on a number of factors, including the insurance contract(s)and the insure(s)the purchaser selects.In addition,Affinity may charge a fee for administrative services.Your signature on your application,quote form,check,and/or other authorization for payment of your premium,will be deemed to signify your consent to and acceptance of the terms and conditions including the compensation,as disclosed above,that is to be received by Aon.The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser,and compensation expected to be received based in whole or in part on any alternative quotes presented to the purchaser by the producer,by contacting member services at 1-800-9864627. In addition,premiums paid by Clients to Affinity for remittance to insurers,Client refunds and claim payments paid to Affinity by insurance companies for remittance to Clients are deposited into fiduciary accounts in accordance with applicable insurance laws until they are due to be paid to the insurance company or Client. Subject to such laws and the applicable insurance company's consent, where required,Affinity will retain the interest or investment income earned while such funds are on deposit in such accounts. In placing,renewing,consulting on or servicing your insurance coverages Affinity and its affiliates may participate in contingent commission arrangements with insurance companies that provide for additional contingent compensation,if,for example,certain underwriting,profitability,volume or retention goals are achieved.Such goals are typically based on the total amount of certain insurance coverages placed by Aon with the insurance company or the overall performance of the policies placed with that insurance company,not on an individual policy basis.As a result,Aon may be considered to have an incentive to place your insurance coverages with a particular insurance company. Our liability to you,in total, for the duration of our business relationship for any and all damages,costs,and expenses(including but not limited to attorneys'fees),whether based on contract,tort(including negligence),or otherwise,in connection with or related to our services(including a failure to provide a service)that we provide in total shall be limited to the lesser of S6,000,000 or the singular annual limit of the policy of insurance procured by us on your behalf from which your damages arise. This liability limitation applies to you,our client,and extends to our client's parent(s),affiliates,subsidiaries,and their respective directors,officers,employees and agents(each a"Client Group Member"of the"Client Group' wherever located that seek to assert claims against ARS,and its parent(sX affiliates,subsidiaries and their respective directors,officers,employees and agents(each an "Aon Group Membee'of the"Aon Group"). Nothing in this liability limitation section implies that any Aon Group Member owes or accepts any duty or responsibility to any Client Group Member. If you or any of your Group Members asserts any claims or makes any demands against us or any Aon Group Member for a total amount in excess of this liability limitation,then you agree to indemnify ARS for any and all liabilities,costs,damages and expenses, including attorneys'fees,incurred by AILS or any Aon Group Member that exceeds this liability limitation. Aon Corporation,our ultimate parent company,and its affiliates have from time to time sponsored and invested in insurance and reinsurance companies. While we generally undertake such activities with a view to creating an orderly flow of capacity for our clients, we also seek an appropriate return on our investment. These investments,for which Aon is generally at-risk for potential price loss, typically are small and range from fixed-income to common stock transactions. In such case,the gains or losses we make through your investments could potentially be linked,in part,to the results of treaties or policies transacted with you. Please visit the Aon website at httn://www non.com/market relationshiM for a current listing of insurance and reinsurance carriers in which Aon Corporate and its affiliates hold any ownership interest. FATCA Notice:Please go to www.aon.com/FATCA to obtain the appropriate W-9. DocuSign Envelope ID: FF596EF9-95C3-43F0-9E5B-F05288BBF843 SCHOOL POLICY FOR HEALTHCARE PROVIDER STUDENTS Agreement to Provide Notice of Cancellation In consideration of the premium paid, it is agreed that if the policy to which this endorsement is attached is cancelled before the expiration date, we will endeavor to mail notice to the person or entity named below. However, failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Person or Entity Name and Address: Northgate Associates PO Box 2476 Durham, NC 27715 This endorsement is a part of the policy and takes effect on the effective date of the policy, unless another effective date is shown below. All other provisions of the policy remain unchanged. Must Be Completed Complete Only When This Endorsement is Not Prepared with the Policy Or is Not to be Effective with the Polio ENDT. NO. POLICY NO. ISSUED TO ENDORSEMENT EFFECTIVE DATE 01 1 0127265153 Durham Technical Community College 10/01/2015 G-144M-A(1/2003) AMERICAN CASUALTY COMPANY OF READING, PA Page 1 of 1