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HomeMy WebLinkAboutContract 30637 C;TY `+-C'9ETARY CT NO. �uz TEXAS CHRISTIAN UNIVERSITY AND CITY OF FORT WORTH Educational Affiliation Agreement for Student Internships and Clinical Experiences THIS AGREEMENT is made between Texas Christian University ("TCU") and the City of Fort Worth ("City"), a municipal corporation located in Tarrant County, Texas, by and through their duly authorized representatives. RECITALS A. TCU has established an approved program of professional education entitled the Department of Nutritional Sciences (the"Program"); B. The Program requires relationships with facilities where students can obtain the clinical learning experience required in the curriculum; C. City, through the Public Health Department has the clinical setting and equipment needed by TCU students participating in the Program ("Program Participants") as part of their practical learning experience; and D. 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 utilize the City 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: 1.0 Obli ations of City. 1.1 City, to the extent as is reasonable practicable and allowable by City regulations, 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. 1.2 City and TCU shall work together to establish direction and coordination for the Program, including assigning students to specific clinical experiences, providing opportunities for Program Participants to participate in selected conferences, clinics, courses and programs conducted by or under the direction of City, and providing evaluations of Program Participants' performance at the City. To the extent as reasonably possible, City shall provide to TCU conference and classroom areas for Program Participants as City deems necessary, as well as locker space and lounge areas, while Program Participants are assigned to the City. 1.3 It is understood that in no case shall Program Participants replace regular staff and that City retains full responsibility, authority and accountability for its sole actions and will not rely on the Program Participant's training activities for staffing purposes. 1.4 City will permit the inspection of clinical and related facilities by agencies charged with responsibility for accreditation of TCU upon ten (10)days written notice and request by TCU. 1.5 City may take immediate action, including removal of a Program Participant from the City's program, to correct a situation where a Program Participant's actions endanger the care of City's patients and or employees. City shall give written notice to TCU for the withdrawal of a Program Participant from participation in the Program if: (1) the achievement, progress, adjustment or health of the Program Participant does not warrant continuation at Facility, (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 sole discretion, is disruptive or detrimental to City and/or its patients or employees. 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 student from the TCU Educational Program. CRP 08.19.040 rOFFMAL ROD cFy. IN TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas 1.6 City shall provide all equipment and supplies needed for clinical instruction at City, to the extent practicable. 1.7 City shall provide emergency care, at student's expense, in case of illness or accident to any participating student. 1.8 City will provide an orientation and training to familiarize Program Participants and faculty of TCU with City's procedures, policies, standards, code of ethics and to meet OSHA(Occupational Safety Health Administration) and JCAHO (Joint Commission on the Accreditation of Health Care Organization) requirements. TCU will instruct Program Participants that they must attend such orientation and comply with the regulations of City or otherwise be removed from the City Program. 1.9 It is understood that in no case shalt there be any direct expense to City under this agreement beyond the normal operating costs of City. 2.0 Obligations of TCU. 2.1 TCU shall send to City for clinical experience students who have completed a substantial segment of their academic curriculum. 2.2 TCU shall provide and maintain the academic records and reports necessary for conducting the Program Participants' clinical learning experience. 2.3 TCU shall assign a specific number of faculty to work directly with City staff in furthering of the Program Participants'clinical [earning experience and in resolving any problems which may arise. 2.4 TCU shall maintain confidentiality of any material relative to the clinical learning experience. 2.5 TCU, through the Department of Nutritional Sciences, after consultation with City, shall plan and oversee the educational program for student clinical experiences. 2.6 TCU shall provide City with a description of the program, curriculum and objectives to be achieved at City, and the academic calendar of TCU. 2.7 TCU shall provide to City, upon request, verification of current State of Texas licensure for faculty who are licensed. 2.8 TCU shall 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. 2.9 If requested by City, TCU will assign to City only those Program Participants that have: (1) been instructed in Standard Precautions recommended by the Centers for Disease Control and Prevention (CDC); and (2) completed a cardiopulmonary resuscitation and first aid course. 2.10 Upon City's written request, TCU shall, with the Program Participant's consent, prescreen Program Participants in compliance with the Dallas-Fort Worth Hospital Council Community Standard for Drug Screening and Background Checks adopted November 2000, subject to restrictions of HIPAA and FERPA. If such prescreening is requested by the City, the City shall notify the TCU faculty coordinator of such requirements prior to accepting Program Participants. 3.0 Joint Obligations. 3.1 The specific areas of Program Participant assignment and the number and distribution of Program Participants between units of the City shall 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, ordinances and regulations. 3.3 TCU and City shall provide a safe working environment in compliance with applicable safety laws, policies and procedures governing the City. CRP 08.19.003 0 �71" My T .!�? TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas 4.0 Term. 4.1 This Agreement shall be for a term of three (3) years, beginning on August 1, 2004, and ending without further notice on July 31, 2007. 4.2 This Agreement may be renewed for two (2) additional 1-year terms by written agreement of both parties. All terms and conditions as specified herein shall apply to the renewal unless otherwise specifically contained in the written agreement for the renewal. 4.3 Notwithstanding anything to the contrary herein, either party may terminate this Agreement at any time upon at least thirty(30) days written notice, provided that such termination shall not become effective for the Program Participants then enrolled in the Program at the City if such termination prevents completion of their requirements for completion of the Program. 4.4 Notwithstanding anything to the contrary herein, either party may terminate the Agreement upon ten (10) days notice for lack of funding or by City Council direction, effective upon the conclusion of the then current semester of TCU. 5.0 Application of City's Rules. Program Participants, during clinical experience at City, shall follow all City rules as they reasonably relate to Program Participants. TCU students will be expected to conduct themselves in a professional manner such that their attire and their appearance conform to the accepted standards of City. 6.0 Reservation of Rights; Placement. TCU and City each reserve the absolute right to withhold placement of Program Participants depending upon the availability of facilities and personnel to adequately provide a satisfactory clinical experience and upon direction from City Council. 7.0 Insurance-, Harmless. 7.1 TCU agrees to tender certificates of liability insurance to City indicating coverage of TCU and its agents, employees and Program Participants training in a clinical setting for their acts, failure to act or negligence arising out of or caused by the activity which is the subject of this Agreement. TCU will not list City as additional insured. TCU will provide "occurrence type" professional liability insurance for its students training in a clinical setting in the amount of$200,000 per occurrence and $600,000 per annum. 7.2 Program Participants shall be required to sign separate release of liability agreements attached as Exhibit "B". 8.0 Laws, Rules and Regulations,• on-Discrimination. 8.1 City and TCU agree that neither will discriminate against any individual on the basis of age, sex, race, creed, color, religious belief, national origin, disability, status as a disabled veteran, or veteran of the Vietnam era, and that City agrees to comply with all non-discriminatory laws and policies that TCU promulgates and to which TCU is subject. 8.2 City agrees that all records governed by The Family Educational Rights and Privacy Act (FERPA) regulations shall be treated as confidential and secured in a locked receptacle to the extent the City is the custodian of those records. 9.0 Remuneration. 9.1 Program Participants shall not be paid for the services they render. CRP 08.19,04v3 r , f flt � UQ � Ciffp� ��p � F1' TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas 9.2 City will not provide remuneration either in the form of pay or in kind to any employees of TCU for any services performed or activity required in connection with matters associated with this Agreement. 10.0 Use of Name; Advertising. Neither party shall use the other's name or any corporate or business name which is reasonably likely to suggest that the two parties are related, without first obtaining the written consent of the other party. 11.0 Non-AssISLnment and Subcontracting. Each party shall not assign, transfer or contract for the furnishing of services to be performed under this Agreement without the written approval of the other party. 12.0 Entire Agreement; Modification. This Agreement (and its attachments, if any) constitutes the entire understanding between the parties with respect to the subject matter hereof, supersedes any prior agreements between TCU and City on the subject matter hereof, and may be modified only by a writing signed by both parties. Any such requests for changes or written notice to terminate must be sent to the following: Texas Christian University City of Fort Worth Ann C. Sewell, Assistant Provost Director for the Public Health Department TCU Box 297042 Dan Reimer Fort Worth, TX 76129 1800 University Drive FAX: (817)257-7503 Fort Worth, TX 76107 FAX: (817)871-8903 13.0 Governing ZawNenve. This Agreement shall be governed by and construed under the laws of the State of Texas. Tarrant County, Texas shall be the exclusive forum for any lawsuit arising from or incident to this Agreement. 14.0 Consideration. Under the terms of this Agreement, neither TCU nor City are obligated to make any payments of any kind to the other party. 15.0 Severability. In the event one or more clauses of this Agreement are declared illegal, void or unenforceable, that shall not affect the validity of the remaining portions of this Agreement. 16.0 Waiver. The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from the Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing. CRP 08.19.04v3 N OFFC ��I 1 t �Mn.F�� Y�Z10 TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas 17.0 Relationship Between the Parties. Nothing herein shall be construed to create an employer/employee, partnership, joint venture or principallagent relationship between TCU and City or between the City's employees and TCU's employees and Program Participants. Neither party has any express or implied authority to assume any obligation or responsibility on behalf of or in the name of the other party. With independent management of each, they will maintain an effective liaison incorporation. If a dispute arises related to the obligation or performance of either party in this Agreement, representatives of the parties will meet in good faith in attempt to resolve the dispute. 18.0 Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers or immunities. 19.0 CONFIDENTIALITY and HIPAA. 19,1 School and its agents, Program Participants, faculty representatives and employees agree to keep strictly confidential all information, as required by HIPAA, of City and/or its patients and not disclose or reveal any confidential information to any third party without the express prior written consent of City. City may ask Program Participants to sign an additional Confidentiality Statement which if required is made a part of this agreement and an example is so attached as "Exhibit A." 19.2 TCU shall direct Program Participants to comply with the policies and procedures of the City, including those governing the use and disclosure of protected health information under Federal law, specifically 45 CFR parts 160 and 164. City agrees to provide any training as deemed necessary by the City to orient Program Participant to the City's specific policies and procedures governing use and disclosure of protected health information. Program Participants are not, and shall not be considered to be employees of the City. 20.0 Healthcare Facilities. If City is a healthcare provider then the following special provisions shall apply: (a) The City will establish a protocol related to post-exposure of bloodborne pathogens and shall train Program Participants in the use and practice of such protocols; (b) Program Participants and TCU faculty assigned to the City shall meet all reasonable health standards imposed by applicable laws and regulations or reasonably imposed by the City. A copy of the City's standards will be provided to TCU for dissemination to its students and faculty involved in the Program. (c) TCU and its agents will abide by, and instruct the Program Participants to abide by, the written administrative, clinical and all other policies or procedures of the City while using its facilities including but not limited to the consistent performance of patient care processes according to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) standards, as well as other regulatory agencies that oversee hospital operations. CRP 08.19.040 OFFICIFIA ROD Of SICIETAIRY TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas IN WITNESS��W..HEREOF the authorized representatives of the parties have executed this Agreement on this day , 2004. TCU: CITY: Texas Christian University City of t worth By: [�' ( By: Ann C. Sewell, Ph.D. Libby Wa n Assistant City Manager Assistant Provost B : 1 Approved as to form and legality: Y g ty: Michael McCracken, Ph.D Dean AssistanOtty Attorney By: 1 Attest: Anne Van Beber, Ph.D., RD, LD f��OAC-,h Program Director Marty Hendrix, 'ty Secretary NO M&C REQUIRED CRP 08.19.003 OFFICIAL WORD CITY SECKEY FT, WORTH, fix. TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas EXHIBIT A"CONFIDENTIALITY AGREEMENT" INTENTIONALLY BLANK CRP 08.19 043 ra OFFI JAL CON cIff RIMY . MUST Ex. TEXAS CHRISTIAN UNIVERSITY Department of Nutritional Sciences City of Fort Worth, Tarrant County, Texas EXHIBIT S "RELEASE AND HOLD HARMLESS FORM" CRP 08.19-04v3 OFFIORRECO M C" SICIETARY �Y► ITH, TEX. ATTACHMENT B RELEASE,HOLD HARMLESS AND INDEMNIFICATION OF LIABILITY AGREEMENT FOR PARTICIPATION IN THE CITY OF FORT WORTH PUBLIC HEALTH DEPARTMENT NUTRITIONAL SCIENCES PROGRAM in consideration of the opportunity to participate an educational clinical nursing program through TCU, fully recognize and appreciate certain inherent risks, including, but not limited to, working in and around Cite-owned or leased facilities, do, on my own behalf, as well as my assigns, successors, administrators, and heirs, hereby FULLY AND FOREVER WAIVE AND RELINQUISH, COVENANT NOT TO SUE, RELEASE,HOLD HARMLESS, DISCHARGE AND INDF,MNIFY the City of Fort Worth, its officers,agents,employees, affiliates, volunteers and attorneys, from any and all actions, lawsuits,debts,demands, damages, claims, judgments or liabilities of any nature, whether known or unknown,which I individually have or may have against the City of Fort Worth,its officers, agents or employees for property loss, or damage; for any and all medical, hospital or pharmaceutical expenses, doctor bills or nurses' expenses; and,damages for personal injury, including death,Sustained by myself;or, any other damage of any kind or character and any other ty pe of damage which I may hereinafter incur, arising out of, resulting from directly or indirectly attributable circumstances related to my participation in the Nursing Program. I hereby assume all responsibility and liability for such damages or injuries sustained by myself, and understand and acknowledge the significance and consequences of this release and this agreement. I hereby acknowledge that I am fully aware of any risks which may be associated with my participation in these activities, and knowingly assume all risks of personal injury and property damage in connection with same. I certify that I have no physical defects or other conditions, medical or otherwise, which would prevent or hinder my participation in the Nursing Program. I further certify that I am not an officer, agent, servant or employee of the City of Fort Worth. Neither the City of Fort Worth, nor its officers, agents, employees, or affiliates, are responsible for any injury or damages to me or to my personal property that I may sustain while participating in the aforesaid activities. THIS RELEASE AND INDEMNIFICATION SHALL BE CONSTRUED AS EXPRESSLY INCLUDING, BUT NOT LIMITED TO, ALLEGED ACTS, OMMISSIONS, NEGLIGENCE, MISCONDUCT, MATERIALS OR TRAINING, EQUIPMENT, SERVICES OR THE MANNER OF PERFORMANCE OF SERVICES OF OR BY THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, VOLUNTEERS AND ATTORNEYS, ACTING OFFICIALLY OR OTHERWISE. I have read this Release,Hold Harmless and Indemnification waiver and fully understand its terms and conditions. I have not been influenced in anv way by any representation or statement not contained in this Agreement. Participant's Signature Date Printed Name Witness Date If Program Participant is a minor, the signature of a patent or legal guardian is also required. Parent/legal guardian A�� UN�T Date i tuft i WORTH, 111