HomeMy WebLinkAboutContract 52712 CSC No.52712
it
�6c: �V��
3'�19
EDUCATIONAL AEFEILIATION AGIMINENLr FOR STUDENT INTERNSHIPS AND
CLINICAL EXPERIENCES BETWEEN
THE CITY OF FORT WORTH AND TEXAS CHRISTIAN UNIVERSITY
This EDUCATIONAL AFFILIATION AGREEMENT("Agreement")is made and entered into
by and between the CITY OF FORT WORTH("City'l,a Texas home rule municipal corporation,acting
by and through Jesus J.Chapa,its duly authorized Assistant City Manager,and Texas Christian University
Harris College of Nursing and Health Sciences("TCU"),a domestic non-profit corporation,and acting by
and through Chris Watts, its duly authorized Dean, each individually referred to as a "party" and
collectively referred to as the"parties."
Whereas,TCU has established an approved program of professional education entitled the Hams College
of Nursing and Health Sciences which includes programs in the Department of Social Work (the
"Program");and
Whereas,The Program requires relationships with facilities where students can obtain the clinical learning
experience required in the curriculum;and
Whereas,City has the clinical setting and equipment needed by TCU students participating in the Program
("Program Participants")as part of their practical learning experience;and
Whereas,TCU and City agree that it will be to their mutual interest and advantage for students and faculty
of TCU to be given the opportunity to collaborate with the Fort Worth Police Department's Victim's
Assistance Unit for educational purposes as part of the Program.
In consideration of the mutual promises and conditions in this Agreement and for good and valuable
consideration,TCU and City agree as follows:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following.
1. This Educational Affiliation Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Participant Waiver
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part ofthis Agreement
for all purposes.In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions ofthis Agreement
shall control.
1. SCOPE OF SERVICES.
The City will accept up to three(3)Program Participants who are in the TCU TCU of Social Work
working on a Master's in Social Work who will be given the opportunity to learn how to read reports,mail
letters,conduct phone outreach,and provide in person contact with victims of crimes as needed. City will
provide TCU the ability for its Program Participants to work in City facilities for up to two semesters with
the potential to receive up to 500 hours of experience which will go towards the Program Participants'
degrees. Program Participants will gain knowledge of crisis intervention,crime victims'rights information,
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University of 1
OFF1GAL kE(lZkL,
CITY SECRETA �'
TT
- a
Crime Victim's Compensation,the flow of the criminal justice system,and be introduced to other pertinent
resources in the area.
Exhibit".A,"-Scope of Services more specifically describes the services to be provided hereunder
and the obligations of the parties.
2. TERM.
This Agreement shall begin on the date ofea ecution ofthis Agreement("Effective Date")and shall
expire three(3)years from the Effective Date("Expiration Date");unless terminated earlier in accordance
with this Agreement("Initial Term").
3. COMPENSATION.
Nothing herein shall constitute an obligation of City funds.Neither Party shall owe any amount of
money for any reason whatsoever to the other Party for services rendered in connection with this
Agreement.City shall not be liable nor owe any payments fee,cost,penalty,or money for any other reason
whatsoever to TCU or any Program Participant in TCU's program who performs any services in connection
With this agreement.TCU shall be solely responsible for any payment,cost,fee,or other benefit provided
to the Program Participants in its Program and who provide services in connection with this Agreement.
4. CONSIDERATION
.S a coadillon sv a,i 0 ti �.��¢ ;-2nt Math Pp-tics agree tic#it is made based en a ago cd end
valuable consideration.Forthe City's performance in accordance with this Agreement,City recognizes that
TCU,through its School of Social Work,is providing a valuable resource to Fort Worth Citizens who are
victims of domestic violence.Further,the City recognizes that this will help enrich the citizenry of Fort
Worth and further its purpose of malting Fort Worth the most livable City in the Country. For TCU's
performance in accordance with this Agreement, TCU recognizes that Fort Worth Police Department's
Victim's Assistance Unit is providing a necessary resource in order for TCU to carry out its Social Work
program curriculum and without the Fort Worth Police Department's Victim's Assistance Unit's
participation these participants may not have the opportunity to obtain the hours necessary to complete the
program.
5. TERMINATION.
ION.
5.I Written Notice. City or TCU may terminate this Agreement at any time and for any reason
by providing the other party with 30 days'written notice of termination_
a.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date,each Party shall perform its obligations in accordance with this Agreement up to the
effective date of termination. Upon termination of this Agreement for any reason,TCU shall provide City
with copies of all completed or partially completed documents prepared under this Agreement.In the event
TCU has received access to City information or data as a requirement to perform services hereunder,TCU
shall return all City provided data to City in a machine readable format or other format deemed acceptable
to city.
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University Page 2 of 16
6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL II IFORIVIATION.
6.1 Disclosure of Conflicts.TCU hereby warrants to City that TCU has made full disclosure
in writing of any existing or potential conflicts of interest related to TCU's services under this Agreement
about which TCU is aware. In the event that TCU learns of any conflicts of interest that arise after the
Effective Date of this Agreement, TCU hereby agrees to immediately make full disclosure to City in
writing.
62 Confidential Information_TCU, for itself and its officers, agents and employees, agrees
that it shalt treat all information provided to it by City that is either represented as or is marked
'Confidential-("City Information")as confidential and shall not disclose any such information to a third
party without the prior written approval of City.
6.3 Public Information Act. The Parties acknowledge that any information submitted to the
City or in the City's possession may be requested by a member of the public under the Texas Public
Information Act.See TEX.GOWT CODE ANN_§§552.002,552.128(c)(West Supp.2006).
6A Unauthorized Access.TCU shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in
any way_TCU shall notify City immediately if the security or integrity of any City information has been
compromised or is believed to have been compromised, in which event,TCU shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
,mitrthorized disclosure.
7. RIGHT TO AUDIT.
TCU agrees that City shall, until the expiration of three (3)years after the conclusion of this
Agreement,or the final conclusion of any audit commenced during the said three years,have access to and
the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of TCU involving transactions relating to this
Agreement at no additional cost to City.TCU agrees that City shall have access during normal working
hours to all necessary TCU facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section.City shall give TCU reasonable advance
notice of intended audits.
8. UNDERSTANDING OF NON-EMPLOYMENT.
It is understood that City shall in no way be considered An Employer, Co-employer or a Joint
employer of TCU or any officers,agents,servants,employees,or the Program Participants. Neither TCU,
not any officers,agents,servants,employees or Program Participants shall be entitled to any employment
benefits from City.TCU shall be responsible and liable for any and all payment and reporting of taxes on
behalf of itself,and any of its officers,agents,servants,employees or Program Participants.
9. LIABILITY AND MDENLNIFICATION.
9.1 LIABILITY- TCU SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,
TOANYANDALL PERSONS,OFANYb7ND OR CHARACTER WRETHER REAL ORA SSERTED,
Educational Affiliation Agreenwat between
City of Fort Worth and Texas Christian University Page 3 of 16
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(SV OR OTHER ACTS
OF TCUOR ITS OFFICERS,AGENTS,SERVANTS;OR EMPLOYEES:
FURTHER,TCU WILL PROVIDE THROUGHOUT THELIFE OF TMSAGREEMENT,
THROUGH ONE OR MORE MSURANCEPOLICIES,PRIMARYCOVENAGEANMOR
APPLICABLE UMBRELLA COVERAGE FOR"CLAIMS MADE"PROFESSIONAL LIABILITY
INSURANCEFOR PROGRAMPARTICIPANTS'INTHEAMOUNT OFSI,000,000 PER
OCCURRENCEANDS3,MQ,000AGGREGATE IFREQUESTEDBYTHECH7,TCUSHALL
PROVIDE CERTIFICATES 0FLIA81LTTYVVSURANCETOC77RW1C4TING COVERAGE OF
THE PROGRAM PARTICIPANT'S TRAINING INA CLINICAL SETTING FOR THEIR ACM
FAILURE TO ACT OR NEGLIGENCEARISTNG OUT OF OR CAUSED BY THEACTIVI77
WHICH IS THE SUBJECT OF THISAGREEMENT.
9.2 GENERAL INDEMNIFICATION—TCU HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
TCU'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH,TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE NEGLIGENT OR RECKLESS
ACT(S)OR OMISSIONS OR OTHER ACTS OF TCU,ITS OFFICERS,AGENTS,SERVANTS,
OR EMPLOYEES.
TCU FURTHER AGREES THAT, WITHIN AND TO THE LIMITS OF ITS APPLICABLE
INSURANCE COVERAGE, AS IDENTIFIED IN THE PREVIOUS SECTION, TT. WILL
INDEMNIFY AND HOLD HARMLESS THE CITY,ITS AGENTS AND EMPLOYEES, FROM
ANY AND ALL LIABILITY,DAMAGE,EXPENSE,CAUSES OF ACTION,SUITS,CLAIMS OR
JUDGMENTS ARISING FROM INJURY TO PERSON(S) OR PERSONAL PROPERTY OR
OTHERWISE WHICH ARISES OUT OF THE ACT,FAILURE TO ACT,OR NEGLIGENCE OF
THE PROGRAM PARTICIPANTS(EXCLUDING,FOR AVOIDANCE OF DOUBT,THE CITY,
ITS SERVANTS, AGENTS, VOLUNTEER PERSONNEL, PATIENTS, VISITORS AND
EMPLOYEES)IN CONNECTION WITH OR ARISING OUT OF THE ACTIVITY WHICH IS
THE SUBJECT OF THIS AGREEMENT.
CITY AGREES THAT,TO THE EXTENT PERMISSIBLE UNDER TEXAS LAW,THE TEXAS
CONSTITUTION,AND WITHIN AND UP TO THE LIMITS OF THE TEXAS TORT CLAIMS
ACT,IF APPLICABLE,IT WILL INDEMNIFY AND HOLD HARMLESS TCU,ITS SERVANTS,
AGENTS AND EMPLOYEES,AND ANY PROGRAM PARTICIPANTS TRAINING WITH THE
CITY,FROM ANY AND ALL LIABILITY,DAMAGE,EXPENSE,CAUSES OF ACTION,SUITS,
CLAIMS OR JUDGMENTS ARISING FROM INJURY TO PERSON(S) OR PERSONAL
PROPERTY OR OTHERWISE WHICH ARISES OUT OF THE ACT, FAILURE TO ACT OR
NEGLIGENCE OF CITY, ITS SERVANTS„ AGENTS OR EMPLOYEES, IN CONNECTION
WITH OR ARISING OUT OF THE ACTIVTIY WHICH IS THE SUBJECT OF THIS
AGREEMENT. NOTHING HEREIN SHALL BE INTERPRETED AS REQUIRING THE CITY
TO CREATE A SINKING FUND OR SHALL BE CONSTRUED AS A WAIVER OF IMMUNITY
ON THE PART OF THE CITY OR ANY OF ITS OFFICERS,AGENTS OR EMPLOYEES NOR
SHALL ANYTHING HEREIN BE CONSTRUED AS A WAIVER„ MODIFICATION OR
EXPANSION OF ANY PROVISION OF THE TEXAS TORT CLAIMS ACT."
Educational Af habon Agreement between
City of Fort Worth and Texas Christian University Page 4 of 16
10. ASSIGNIM&IM"T AND SUBCONTRACTING.
10.1 Assignment. TCU shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City.If City grants consent to an assignment,the
assignee shall execute a written agreement with City and TCU under which the assignee agrees to be bound
by the duties and obligations of TCU under this Agreement,TCU and Assignee shall be jointly liable for
all obligations of TCU under this Agreement prior to the effective date of the assignment.
10.2 Subcontract. If City grants consent to a subcontract,subcontractor shall execute a written
agreement with TCU referencing this Agreement under which subcontractor shall agree to be bound by the
duties and obligations of TCU under this Agreement as such duties and obligations may apply.TCU shall
provide City with a fully executed copy of any such subcontract.
11. INSURANCK
TCU shall provide City with certificate(s)of insurance documenting policies of the following types
and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this
Agreement.
11.1 Coverage and Limits
(a) Commercial General Liability:.
S1,000,000- Each Occurrence
S3,000,000- Aggregate
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
S 1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
went and for two(2)years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
11.2 General Requirements
(a) The commercial general liability policy shall name City as an additional insured
thereon, as its interests may appear_The terin City shall include its employees,
officers,officials,agents,and volunteers in respect to the contracted services.
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University Page 5 of 16
(c) A minimum of ten (10) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address-
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A-YII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.If the rating is below that
required,written approval of Risk Management is required-
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement-
(f) Certificates of insurance evidencing that TCU has obtained all required insurance
shall be delivered to the City prior to TCU proceeding with any wort:pursuant to
this Agreement.
12. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
TCU agrees that in the performance of its obligations hereunder,it shall comply with all applicable
federal,state and local laws,ordinances,rules and regulations and that any work it produces in connection
ifb this Agrcerer3 will also comply with all applicable federal,swe and local laws.ordinances,rules and
regulations.If City notifies TCU of any violation of such laws,ordinances,rules or regulations,TCU shall
immediately desist from and correct the violation.
13. NON-DISCRIMINATION COVENANT.
TCU and City each agree, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, that in the performance of its duties and
obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY TCU, ITS PERSONAL
REPRESENTATIVES,ASSIGNS,SUBCONTRACTORS OR SUCCESSORS IN INTEREST,TCU
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
14. NOTICES,
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To CITY: To TCU:
City of Fort Worth Texas Christian University
Attn:Jesus J.Chapa,Assistant City Manager M a So er,Associate Provost
Educational Affiliation Agreement between
City of Fort Forth and Texas Christian University Page 6 of 16
200 Texas Street TCU Box 297042
Fort Worth,TX 76102-6314 Fort Worth,TX 76129
Facsimile:(817)392-8654 Facsimile:(817)-257-7503
With copy to Fort Worth City Attorney's Office at
same address
15. SOLICITATION OF EMPLOYEES.
Neither City nor TCU shall,during the term of this Agreement and additionally for a period of one
year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either patty who responds to a general solicitation of advertisement of employment
by either party.
16. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
17. NO WAIVER.
The failure of City or TCU to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or TCU's respective
right to insist upon appropriate performance or to assert any such right on any future occasion.
18. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted,at law or in equity,is brought pursuant to this Agreement,venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division,
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20. FORCE MAJEURE.
City and TCU shall exercise their best efforts to meet their respective duties and obligations as set
forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not limited to, compliance with
any government law,ordinance or regulation,acts of God,acts of the public enemy,fires,strikes,lockouts,
natural disasters,wars,riots, material or labor restrictions by any governmental authority,transportation
problems and/or any other similar causes.
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University Page 7 of 16
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
23. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement,including Exhibits A, B and C,contains the entire understanding and agreement
between City and TCU, their assigns and successors in interest, as to the matters contained herein.Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
25. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shalt,for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
26. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of TCU whose name,title and signature is affixed on the
Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
TCU shall notify City's Purchasing Manager,in writing,of a company name,ownership,or address
change for the purpose of maintaining updated City records.The president of TCU or authorized official
must sign the letter. A letter indicating changes in a company name or ownership must be accompanied
with supporting legal documentation such as an updated W-9, documents filed with the state indicating
such change, copy of the board of director's resolution approving the action, or an executed merger or
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University Page 8 of 16
acquisition agreement. Failure to provide the specified documentation so may adversely impact future
invoice payments.
2n IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
�v day of A 4 US1 20_n.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: Jesus J.Chapaapa(Aug' 30,7019) of this contract,including ensuring all
Name: Jesus J.Chapa performance and reporting requirements.
Title: Assistant City Manager
Date: Shelby Yopson
Shelby Hopson(Aug 26,2019)
By:
APPROVAL RECOMMENDED: Name: Shelby Hopson
Title: Victim Assistance Coordinator
By: Edwin Kraus(Aug 27,2019) APPROVED AS TO FORM AND LEGALITY:
Name: Edwin Krause
Title: Chief of Police �y
ATTEST: By: Thomas Hansen(Aug 30,2019)
Name: Thomas Royce Hansen
2 A y Title: Assistant City Attorney
B`; r Ronald P.Gonzales(Aug 30,20191 rTRAC
A.UT,HORIZATION.Name: Mary Kayser „.._ / C:
Title: Citv Secretarv�'� `
TEXAS CHRISTIAN UNIVE
e ] ATTEST:
By: 7
Name: Chris Watts ,lame:*Assate
ver
Title: Dean Title: Provost
Date: -7-Z 7 1 Date: '� '
i
Educational Affiliation Agreement between OFFICIAL RE�;OR�,
City of Fort Worth and Texas Christian University C1 VITIARY
FT WORTH, 7
EXHIBIT A
SCOPE OF SERVICES
1.0 Obliaa6ons of TCU.
1.1 TCU will send up to three (3) Program Participants who have completed a substantial
segment of their academic curriculum for clinical experience with City.
1.2 TCU will provide and maintain the academic records acd reports necessary for conducting
the Program Participants'clinical learning experience.
1.3 TCU will assign a specific number of faculty to work directly with City staff in furthering
of the Program Participants' clinical learning experience and in resolving any problems
which may arise.
1.4 TCU will maintain confidentiality of any material relative to the clinical learning
experience.
1.5 TCU,through the Harris College of Nursing and Health Sciences,after consultation with
City, shall plan and oversee the educational program for Program Participants' clinical
experiences.
1.6 TCU will provide City with a description of the prograrn,curriculum and objectives to be
achieved at City by Program Participants,and the academic calendar of TCU.
1.7 TCU will provide to City,upon request,verification of current State of Texas licensure for
faculty who are licensed.
I.8 TCU will provide, upon request, written verification of immunizations required by
applicable regulatory agencies and City's policies, including Hepatitis B (or waiver)and
current PPD and provide evidence of immunity to chicken pox,measles and rubella.
1.9 All Program Participants from TCU will be required to become Criminal Justice
Information Services(CJIS)Certified Prior to their participation in the Program with City.
1.10 If a Program Participant is not CJIS Certified or fails to meet the requirements for CJiS
Certification,the Program Participant may not participate with City in the Program.
2.0 Oblieations of City.
2.1 At the City's sole discretion,City will make available its facilities and personnel in order
to provide a quality and suitable clinical learning experience and supervision consistent
With the Program's curriculum and objectives for Program Participants in accordance with
TCU's academic calendar.
2.2 At the City's sole discretion,City will make available appropriate City personnel to work
with TCU faculty for direction and coordination of the Program. This will involve working
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University—Exhibit A Page 10 of 16
with TCU faculty and staffto assign Program Participants to specific clinical experiences,
provide opportunities for Program Participants to participate in selected conferences,
clinics, courses and programs conducted by or under the direction of City, and provide
evaluations of Program Participant performance at the City. City shall provide to TCU all
necessary conference and classroom areas for Program Participants,all on an as available
basis,while Program Participants are assigned to the City_
2 3 It is understood that in no case shall Program Participants replace regular staff and that City
retains full responsibility,authority and accountability for the services it provides and will
not rely on the Program Participant's training activities for staffing purposes.
2.4 City-wRI permit,at its sole discretion and on reasonable request,the inspection of clinical
and related facilities by agencies charged with responsibility for accreditation of TCU.
2.5 City may take immediate temporary action, including temporary removal of a Program
Participant from the City, to correct a situation where a Program Participant's actions
interfere with services being provided to City's clients. City may make written request to
TCU for the permanent withdrawal of a Program Participant from participation at the
Facility if.. (1)the achievement,progress,adjustment or health of the Program Participant
does not warrant continuation at City,(2)the behavior of the Program Participant fails to
conform to the applicable regulations of City, (3) the Program Participant's clinical
performance is unsatisfactory to City, or (4) the Program Participant's behavior, in the
City's discretion,is disruptive or detrimental to City and/or its clients. In any such event,
the Program Participant's participation in the Program at the City shall immediately cease;
however, in such situations, all final resolutions of the Program Participant's academic
status and/or continuing participation in the Program will be made solely by TCU. Only
TCU may remove or dismiss a Program Participant from the Program.
2.6 City will provide Program Participants with an orientation at the beginning ofthe internship
going over the expectations for Program Participants related to their internship in order to
ensure that the Program Participants' participation does not disrupt the services provided
to clients of the City_
2.7 It is understood that in no case shall there be any direct expense to City or the State of
Texas under this agreement beyond the normal operating costs of City.
2.8 City shall not charge any Program Participants or employees of TCU any fee or other
amount for the use of its facilities,equipment,library or supplies under this agreement.
2.9 Program Participants will be directly supervised by an existing staff member of City that
is Licensed with a Masters in Social Work.
2.10 City will verify that all Program Participants are CJIS Certified before participation in the
Program begins.
Educational Affiliation Agreement between
City of Fort North and Texas Christian University—Exhibit A Page 11 of 16
3.0 Joint Oblations.
3.1 The specific areas of Program Participant assignment and the number and distribution of
Program Participants between units of the City will be mutually agreed upon each academic
semester by TCU and City.
3.2 TCU and City shall adhere to all requirements of local,state and federal laws.
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University—Exhibit A Page 12 of 16
EXEIBIT B
PROGRAM PARTICIPANT WAIVER AND ACKNOWLEDGMENT THAT PROGRAM
PARTICIPANT IS NOT AN EMPLOYEE OF CITY
Each Participant who is an adult and legally able will complete a copy of the waiver below and
return a signed,notarized original copy to the City prior to beginning any assignment under this
agreement.
CITY OF FORT WORTH
WAIVER,RELEASE,CONFIDENTIALITY AND INDLMNTI'Y AGREEMENT
1, ,for myself,my heirs and assigns, hereby affirm that I am aware
that my participation in TCU's Masters in Social Work Affiliation Program('Program")solely managed
by TCU,but partly taking place at a worksite location with the City of Fort Worth("City")primarily at the
Fort Worth Police Department's Victims Assistance Unit("Facility )in Fort Worth,Texas,has inherent
risks which may result in serious injury or death_ As a condition precedent to participating in the Program
and entering onto the City's property,I confirm that I understand and accept all risks,dangers and hazards
presented by my participation in the Program, and i am participating in these activities freely and
voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility,
I hereby assume all risk of harm and injury to myself and others,as well as to the property of others,which
may result from my participation in the Program, regardless of the cause or blame. I agree to act in a
reasonable and cautious manner in all aspects of my participation in the Event-
Further,I agree to tread all information provided to me by City that is either represented as or is
marked"Confidential"("City Information')as confidential and shall not disclose any such information to
a third party without the prior written approval of City.
In addition to these provisions,1,for myself,my heirs and assigns,in consideration of Ding able
to utilize the Facility and participate in the Program,do hereby FOREVER RELEASE AND WAIVE all
claims against the City of Fort Worth,its officers,agents and employees,for injuries,death or property
damage which may arise during my participation in the Program and from my use or presence at the Facility_
This waiver and release is intended to release and forever discharge the City of Fort Worth, its
office seryan agents and employees from any and all claints.agfiM causes of action,damatr
tosses or expensm includine attorney's fees whether real or asserted, of every kind or character,
arising out of my participation in the Program and from my use or presence at the Facility,including acing
to and from such Facility- I,for myself,my heirs and assigns,hereby assume the risk of all conditions
present in the Program and of-the Facility,dangerous or otherwise,all occuntrrces that may be encountered
while using or going to or from such Facility and waive any and all specific notice of the existence of such
conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers,
servants,agents and employees even if said injuries,death or other damages are caused in whole or
in part by the alleged acts of commission,omission,negligence or fault of the City of Fort Worth,its
officers, servants, agents or employces. 1, for myself, and my heirs and assigns hereby assume all
responsibility and liability for such injuries or damages,including death,and I realize that by signing this
agreement, i am giving up my right to sue the City for injury,death or damage I may suffer during the
Prograrn or at the Facility_
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University—Exhibit B Page 13 of 16
I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY
HARMLESS FROM ALL CLAIMS,TOGETHER WITH ALL COSTS,EXPENSES,AND LEGAL
FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY
USE OF THE FACILITY OR MY PARTICIPATION IN THE PROGRAM. THIS INDEMNITY
PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES
AND LEGAL FEES)IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN
IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT,OMISSION,NEGLIGENCE,BREACH
OF CONTRACT,INTENTIONAL CONDUCT,VIOLATION OF STATUTE OR COMMON LAW,
BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY
OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS
AGREEMENT,I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY,DEATH OR
DAMAGE I MAY SUFFER DURING THE PROGRAM OR AT THE FACILITY. IF ANY COURT
FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE
AGREEMENT WILL NOT BE AFFECTED.
ACKNOWLEDGMENT THAT PROGRAM PARTICIPANT IS NOT AN EMPLOYEE OF CITY
. I, , further acknowledge that the purpose of this Program is to enhance my
knowledge about the practical aspects of working in my field of study and that the education received during
the Program is for my express benefit and City does not derive an immediate advantage from my
participation in the Program. 1 understand that participation in the Program does not create an employment
relationship between me and City or entitle me to wages or any compensation or benefits for time spent
during my participation in the Program. I also understand that there is no guarantee or expectation that my
participation in the program will result in future employment with City. I recognize that program
participants will not replace or displace any employee of City.
(signature page folioivs)
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University—Exhibit B Page 14 of 16
I have read this Waiver, Release, Indemnity Agreement,and Acknowledgment and I fully understand its
terms, provisions and conditions. I have not been influenced to any extent whatsoever by any
representations or statements not contained within this agreement.
Dated this day of ,2019.
Program Participant's Signature
Address
City,State and Zip Code
Telephone
State of Texas
County of Tarrant
This document was acknowledged before me on by
Notary Public
Date
Educational Affiliation Agreement between
City of Fort Worth and Texas Christian University Exhibit B Page 15 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
TCU hereby agrees to provide City with independent audit basic financial statements. but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind TCU and to execute any agreement, amendment or
change order on behalf of TCU. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of TCU.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with'TCU.TCU will submit an updated
Fonn within ten(10)business days if there are any changes to the signatory authority. City is entitled to
rely on any current executed Form until it receives a revised Form that has been properly executed by TCU.
1. Name:CWS WG-'�3
Position: `( eA14(\
Signature
2. Name: of 1'
Posi ionc6O(,iQ { VUS�
Signatur
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
$ducational Affiliation Agreement between
City of Fort Worth and Texas Christian University--Exhibit C Page 16 of 16