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HomeMy WebLinkAboutContract 53171 1 � RECEIVES �'. CSC No.53171 { ( DEC -b 2019 CITY OF FORT WORTH co CITYSCCRETARY ,n DUCATIONAL AFFILIATION AGREEMENT FOR STUDENT INTERNSHIPS AND 16 8. L� 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"), a Texas home rule municipal corporation, acting by and through Valeria Washington, 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 Harris College of Nursing and Health Sciences which includes programs in the Department of Kinesiology (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 Fire Department Training Academy 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 of this Agreement for all purposes. In the event of any conflict between the terns and conditions of Exhibits A, B or C and the terns and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. I. SCOPE OF SERVICES. The City will accept up to three (3) Program Participants who are students in the TCU Department of Kinesiology who will be given the opportunity to obtain clinical learning experience with the Fort Worth Fire Department Training Academy. City will provide TCU the ability for its Program Participants to work in City facilities for one semester with the potential to receive up to 480 hours of experience which will go towards the Program Participants' degree programs. Program Participants will observe and assist the assigned preceptor in the delivery of healthcare services in the areas of injury Educational Affiliation Agreement between ®OFF City of Fort Worth and Texas Christian University page 1 of 17 CCTV SECkk Ai,� ' ' prevent, clinical evaluation and diagnosis, immediate care, treatment, rehabilitation and conditioning, organization and administration, and professional responsibility. 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 of execution of this 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 payment, 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. As a condition precedent to this Agreement,both Parties agree that it is made based on good and valuable consideration. For the City's performance in accordance with this Agreement, City recognizes that hosting students from TCU's Department of Kinesiology in clinical learning experiences enriches the community and citizenry of Fort Worth and furthers the City's purpose of malting Fort Worth the most livable city in the country. For TCU's performance in accordance with this Agreement, TCU recognizes that the Fort Worth Fire Department's Training Academy is providing a valuable and necessary resource in order for TCU to carry out its Department of Kinesiology curriculiun and that without the Fort Worth Fire Department Training Academy's participation, the Program Participants may not have the opportunity to obtain the hours necessary to complete their degree program. 5. TERMINATION. 5.1 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. 5.2 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 17 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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. 6.2 Confidential Information. TCU, for itself and its officers, agents and employees, agrees that it shall 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.GOV'T CODE ANN. §§ 552.002,552.128(c) (West Stipp. 2006). 6.4 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 unauthorized 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, nor 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 INDEMNIFICATION. 9.1 LIABILITY- TCU SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL OR Educational Affiliation Agreement between City of Foil Worth and Texas Christian University Page 3 of 17 ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR OTHER ACTS OF TCU OR ITS OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES. FURTHER, TCU WILL PROVIDE THROUGHOUT THE LIFE OF THIS AGREEMENT, THROUGH ONE OR MORE INSURANCE POLICIES,PRIMARY COVERAGE AND/OR APPLICABLE UMBRELLA COVERAGE FOR "CLAIMS MADE"PROFESSIONAL LIABILITY INSURANCE FOR PROGRAM PARTICIPANTS IN THE AMOUNT OF$1,000,000 PER OCCURRENCE AND$3,000,000 AGGREGATE. IF REQUESTED BY THE CITY, TCU SHALL PROVIDE CERTIFICATES OFLIABILITYINSURANCE TO CITYINDICATING COVERAGE OF THE PROGRAM PARTICIPANT'S TRAINING INA 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. 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, IT 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 ACTIVITY 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 Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 4 of 17 WAIVER, MODIFICATION OR EXPANSION OF ANY PROVISION OF THE TEXAS TORT CLAIMS ACT." 10. ASSIGNMENT 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 Linder 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 firlly executed copy of any such subcontract. 11. INSURANCE. 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: $1,000,000- Each Occurrence $3,000,000- Aggregate (d) Professional Liability(Errors&Omissions): $1,000,000- Each Claim Limit $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 mects all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement 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 term 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 17 (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- VII 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 work 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 with this Agreement will also comply with all applicable federal, state 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: Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 6 of 17 City of Fort Worth Texas Christian University Attn: Valerie Washington,Assistant City Manager Megan Soyer, Assistant Provost 200 Texas Street TCU Box 297042 Foil Worth,TX 76102-63I4 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 party 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 I 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, Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 7 of 17 lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 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/MODIFICATIONSI 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 shall, 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 Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 8 of 17 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 acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 9 of 17 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day Of .20^ 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 B+ wints,20 of this contract,including ensuring all performance Name: Valerie Washington and reporting requirements. Title: Assistant City Manager Date: dwell-B 011 Bv:Homer Robertson(Dft 5,2019) APPROVAL RECOMMENDED: Name: Homer Robertson Title: Executive Assistant Chief 9atsre�15airti>✓ By!mes DaWs(Dec 5,2019) APPROVED AS TO FORM AND LEGALITY: 7 Name: James Davis Title: Fire Chief. V ATTEST: O•• ''•0 B Trey Is(Dec5,20191 Y Name: Trey Qualls = Title: Assistant City Attorney Mara 9. �Fer *•• ByaryJ. yser(Dec 6, 019) * CONTRACT AUTHORIZATION: Name: Mary Kayse `�nxCJ M&C: N/A Title: City Secretary TEXAS CHRISTIAN UNIVERSITY: ATTEST: By: Name' C1,,i t vJw�}i' By: Title: Name: ��Date: Title: Educational Affiliation Agreement between City of Fort Worth and Texas Christian University OPFkCIA&f RECORD CITY SECRETARY FT. WORTH,TX EXHIBIT A SCOPE OF SERVICES 1.0 Obligations 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 and 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 program,curricula n 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. 1.8 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 (CJ1S) 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. 1.11 if required by the City, TCU will assign 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. 1.12 Upon City's written request,TCU will,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 September 2010, subject to the restrictions of HIPAA and FERPA. If such prescreening is required Educational Affiliation Agreement between City of Fort Worth and Texas Christian University—Exhibit A Page 11 of 17 by the City, the City shall notify the TCU faculty coordinator of such requirements prior to accepting Program Participants. 2.0 Obligations 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 with TCU faculty and staff to 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 Participants' training activities for staffing purposes. 2.4 City will 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 will be made solely by TCU. 2.6 City will provide Program Participants with an orientation at the beginning of the internship going over the expectations for Program Participants related to their internship in order to ensure that the Program Participants' participation does not disrupt tile 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. Educational Affiliation Agreement between City of Fort Worth and Texas Christian University--Exhibit A Page 12 of 17 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 City will verify that all Program Participants are CJ1S Certified before participation in the Program begins. 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 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 13 of 17 EXHIBIT B PROGRAM PARTICIPANT WAIVER AND ACKNOWLEDGMENT THAT PROGRAM PARTICIPANT IS NOT AN EMPLOYEE OF CITY Each Participant who is ail 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 INDEMNITY AGREEMENT 1, , for myself, my heirs and assigns, hereby affirm that I am aware that my participation in TCU's Department of Kinesiology Educational 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 Fire Department Training Academy ("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 1 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 assrune 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 treat 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 being 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 dischar a the Citv of Fort Worth its officers servants agents and eral2loyees from any and all claims actions causes of action damages, losses or exl2enses, including attorney's fees whether real or asserted of ever kind or character, arising out of my participation in the Program and from my use or presence at the Facility,including going to and from such Facility. 1, 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 occurrences 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 emplovees 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 Citv of Fort Worth, its officers,servants, agents or employees. 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 Program or at the Facility. Educational Affiliation Agreement between City of Fort Worth and Texas Christian University—Exhibit B Page 14 of 17 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 1, , 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. I 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. (signattii-e page follows) Educational Affiliation Agreement between City of Foil Worth and Texas Christian University—Exhibit B Page 15 of 17 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 8 Page 16 of 17 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 Form 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: C +S Position: bP,cry C . cv% Signature 2. Name: �Ituatkyname Position: �In ILI Sign r 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Educational Affiliation Agreement between City of Fort Worth and Texas Christian University--Exhibit C Page 17 of 17 Adams, Deborah M From: Robertson, Homer Sent: Monday, November 4,2019 2:03 PM To: Davis,James E [Fire Chief} Subject: FW:TCU interns For your file Horner Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office: (817) 392-6810 Cell: (8I7)279-3323 .To serve and protect the community through education, prevention,preparedness and response" From:Quails,Trey Sent: Monday,September 9,2019 8:48 AM To: Robertson, Homer<Ho m er.Robertson @fo rtworthtexa s.gov> Subject: RE:TCU interns Chief, I think it's good to start routing for signatures. Respectfully, Trey Qualls Assistant City Attorney City Attomey's Office 200 Texas Street Fort Worth,Texas 76102 Direct: 817-392-7618/Fax.: 817-392-8359 Tre , ualls fortworthtexas.gov City of Fort Worth— Working together to build a strong community. FLIRT WORTH. x RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMM-UNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the a-mail to the intended recipient, be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent: Monday, September 09, 2019 8:45 AM To: Qualls,Trey Subject: FW:TCU interns Trey Do you need to look over this again before we start routing it around? Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BEPSC-505 West Felix Street Fort Worth,TX 76115 Office. (8I7) 392-68I0 Cell: (817)279-3323 "To serve and protect the community through education, prevention,preparedness and response" From:Turner,Chelsea [mailto:chelsea.turner tcu.edu Sent: Friday,September 6,201911:28 AM To:Robertson, Homer<Horn er.Robe rtson C&fortworthtexas. ova;Timson, Ben<b.tim son @tcu.edu_> Cc:White, Bethany<Bethany.White@tcu.edu> Subject: RE:TCU interns Good morning Chief, Please see the attached agreement which has been signed by Texas Christian University.Once this is fully executed will you please send myself and Bethany White a copy for our records?Thanks in advance. Chelsea Turner, MHA Regulatory and Compliance Coordinator Harris College of Nursing and Health Sciences Texas Christian University 817-257-6746 z chelsea.turner@tcu.edu From: Robertson, Homer mai Ito:Homer.Robertson@ fortworthtexas.govl Sent:Wednesday,August 21,2019 4:47 PM � To:Turner, Chelsea<chelsea.turner tcu.edu>;Timson, Ben<b.timson@tc_u.edu> Subject: FW:TCU interns Let's see if this works for you guys. Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office: (817)392-6810 Cell: (817)279-3323 "To serve and protect the cammcrnity through education, prevention,preparedness and response" A; From:Qualls,Trey Sent:Wednesday,August 21,2019 4:45 PM To: Robertson, Homer<Ho_mer.Robertson@fortworthtexas.go > Subject: RE:TCU interns No problem. Here you go,Chief. Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth.Texas 76102 Direct: 817-392-7618/Fax: 817-392-8359 Tre ualis fortworthtexas. ov City of Fort Worth— Working iogether to build a strong community. FORT WORTH. RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. 3 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the a-mail to the intended recipient, be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent: Wednesday, August 21, 2019 4:15 PM To: Qualls,Trey Subject: FW: TCU interns Last update Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office: (817)392-6810 Celh (817)279-3323 "To serve and protect the community through education, prevention, preparedness and response" 0 From:Turner,Chelsea Emailto:chel_sea.turner@tcu.edul Sent:Tuesday,August 20,2019 3:49 PM To: Robertson, Homer<Homer.Robe rtson @fortworthtexas. ova;Timson, Ben<b.timson@tcu.edu> Subject: RE:TCU interns Thank you Homer, !think the terms look good.The only thing that needs to be updated is the first paragraph on page 1. Right now it says'Suzy Lockwood is authorized as Interim Dean',and we need to change this to 'Chris Watts is authorized as Dean'.Once this has been changed will you please send the final version and we will circulate for signatures?Thanks, Chelsea Turner, MHA Regulatory and Compliance Coordinator Harris College of Nursing and Health Sciences Texas Christian University 817-257-6746 the Isea.tu rn er@tcu.ed u 4 From: Robertson, Homer f mailto:Homer.Robertson Pfortworthtexas. ov Sent:Tuesday,August 20,2019 2,20 PM To:Timson, Ben<b.timson@tcu.edu>;Turner,Chelsea<chelsea.turner0)tcu.edu> Subject: FW:TCU interns Look this over and let me know what you guys think. Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office: (817)392-6810 Cell: (817) 279-3323 "To serve and protect the community through education, prevention, preparedness and response" low.rvgw, uk; From:Qualls,Trey Sent: Friday,August 16, 2019 2:34 PM To: Robertson, Homer<Homer.Rohertson@fortworthtexas.eov> Subject: RE:TCU interns Chief, I've updated those final sections of the agreement and attached a word document reflecting those changes. It's ready to be sent to TCU for final approval by their counsel.Assuming they won't have any problems with it, I went ahead and attached a pdf version as well that can be signed by them and begin routing. Let me know if you need anything else on this one. Thanks, Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth,Texas 76102 Direct: 817-392-7618/Fax: 817-392-8359 Tre ualls a fortworthtexas.gov City of Fort Forth—Working together to build a strong cwmnunity. FORT WORTH, 5 RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the a-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent:Thursday, August 15, 2019 8:32 AM To: Qualls,Trey Subject: FW: TCU interns "trey I'm fine with the changes recommended by TCU. I would like to proceed when we get it cleaned up.Thanks for your help. Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office. (817)392-6810 Cell: (817)279-3323 "To serve and protect the community through education, prevention, preparedness and response" From:Timson, Ben mailto:b.timson@tcu.edul Sent:Tuesday,August 13,2019 3:23 PM To: Robertson, Homer<Homer.Robertson @fortworthtexas.gav>,trey.gualls@forworthtexas.gov Cc:Turner, Chelsea<chelsea.tur-ner@tcu.edu>;levas,Stephanie<s.ievas@tcu.edu> Subject: RE:TCU interns Hello Mr. Robertson, My name is Ben Timson and I am the Coordinator of Clinical Education for the Athletic Training Program here at TCU. I was brought in to the email chain by Chelsea and Stephanie to help answer some of the questions. I tried reaching out via your office phone and cell phone earlier with no luck. In an attempt to expedite the process, I wanted to reply to all included in the discussion thus far.(I am on my way to Dallas for a meeting tonight and wasn't sure I'd be able to answer my phone if you called me back.) I tried to address the concerns highlighted in yellow below,and also to answer Mr.Qualls'questions as well. My comments to both sections can be found below in red text. Please give this a look over and let either myself or Chelsea know if this wording will be sufficient to move forward with the agreement. 6 Thanks for your time and consideration. Feel free to call me on my cell at(918)352-1890 if you have further questions. Ben Timson Ben Timson, PhD,ATC, LAT Assistant Professor/Coordinator of Clinical Education Athletic Training Program Texas Christian University TCU Box 297730 Fort Worth,TX 76129 0: (817)257-6737 E:b.timson@tcu.edu SCOPE OF SERVICES. The City will accept up to three (3) (I think this is a good maximum number for the AT program. We will most likely start with 1 and adjust from there)Program Participants who are students in the TCU Department of Kinesiology who will be given the opportunity to obtain clinical learning experience with the Fort Worth Fire Department Training Academy. City will provide TCU the ability for its Program Participants to work in City facilities for up to two semesters (I think we can safely say I semester as the need to vary student rotations would not allow for a two-semester rotation at this site)with the potential to receive up to 500 hours(the max number of hours an AT student is able to obtain in a 16 week semester is 480 or 30 per week. After meeting; with the preceptor for this site (Katherine) to discuss expectations, I will have a better idea of what the hours requirement will be) of experience which will go towards the Program Participants' degree programs. Program Participants will gain knowledge of crisis intervention,crime victims'rights information,Crime Victim's Compensation,the flow of the criminal justice system,and be introduced to other pertinent resources in the area. 1 would change this last sentence to Program Participants will observe and assist the assigned preceptor in the delivery of healthcare services in the areas of injury prevention, clinical evaluation and diagnosis, immediate care, treatment, rehabilitation and reconditioning,organization and administration,and professional responsibility.(These are the 6 Domains of Athletic Training and are more applicable to what the AT students will be doing during their time in this clinical setting.) 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 of execution of this Agreement("Effective Date")and shall expire three(3) years from the Effective Date(Three years is the ideal time frame to minimize the need to complete the affiliation agreement process on an annual basis) ("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 payment,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. As a condition precedent to this Agreement, both Parties agree that it is made based on a good and valuable consideration. For the City's performance in accordance with this Agreement, City recognizes that TCU, through its Department of Kinesiology, is providing a valuable resource to Fort Worth Citizens who are victims of domestic violence. 7 Further, thy: City recognizes that this will help enrich the citizenry of fort Worth and lurther its purpose of making fort Worth the most livable City in the Country. For TCU's performance in accordance.vith 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. I don't believe this section is necessary for the AT Program agreement. I think the aforementioned sections regarding confidentiality and H1PAA (Section 18)are the only necessary considerations. 1. Do you have any idea how many participants you want to allow? Looks like PD set their program up for 3 social work interns at a time. If you don't have any specific number in mind,we can just say that it'll be for some mutually agreeable number. But 1 wanted to give you a chance to limit it to a certain number if you were wanting to do so. I think the AT program will start with 1-2 students at a time. As we continue to develop the clinical site, if mutually agreeable between all parties,that number may increase. I don't foresee the number ever being higher than 3-4 as I do not want to overload the preceptor in charge of supervising the students. 2. Are you okay with the students being able to participate for up to 2 semesters and gain up to 500 hours of experience?That's just what PD had in their agreement. But it's up to you how you want to set that up.Again, if you had something else in mind—like more or less hours—we can propose that. 500 hours comes out to about 17 hours a week per student if a student is in the program for two semesters.TCU may also have some minimum number of hours their students need for their degree program. I'm not sure. The TCU students are limited to a range of 15-30 hours of clinical experience per week,which for a 16 week semester, means somewhere between 240-480 hours. In our program,we d❑ both primary clinical assignments where a student is expected to put in between 15-30 hours a week,and also supplemental clinical assignments where students put in anywhere between 1-15 hours per week. After I am able to speak with Katherine, I will have a better idea of how to structure the students clinical rotation and the associated hours requirement. As mentioned above, at this time, I don't plan on having this be a multi-semester rotation for the students. 3. ❑o you have any idea how long you'd like the agreement's term to be? Looks like PD set their agreement up for 3 years with no mention of possible renewals.We can do that as well, unless you have some other thought about that. Again, the 3 year agreement is somewhat standard operating procedure when it comes to agreements to cut down on the need for annual review. I think the idea is that if mutually agreeable,the agreement would be renewed for another three years upon expiration of the initial agreement. 4. The Scope of Services paragraph (section 1) usually briefly describes the types of services that the Agreement covers. It's just meant to give a general idea of what the Agreement is about.The language in the current draft is just copied from PD's agreement with the school of social work, so it doesn't realty fit our agreement. We probably need to come up with a sentence or two about what the students will actually be doing. Once you give me that, I can probably use that to fill in the consideration section (section 4). 1 tried to address this in broad scope based upon the six domains of the profession. If this language needs to be more specific, I can update the wording following my meeting with Katherine to cite some specific duties based on the language/terminology that is relevant to the job duties she performs. From:Turner, Chelsea Sent:Tuesday,August 13,2019 1:42 PM To:Jevas,Stephanie<s.jevas@tcu.edu>;Timson, Ben rb.timson 2 tcu.edu> Subject: RE:TCU interns 8 Thank you. Ben—please let me know when you guys talk so l have a timeline of when to expect the final version. If you're able to give him a call today or tomorrow that would be ideal so we can try and get this done before I leave. Chelsea From:Jevas,Stephanie Sent:Tuesday,August 13,2019 1:40 PM To:Timson, Ben<b.timson@tcu.edu> Cc:Turner,Chelsea<chelsea.turner tcu.edu> Subject: Fwd:TCU interns Hi Chelsea Ben is going follow up Homer to discuss details. Thank you. Stephanie Jevas-Roegels,PhD,LAT,ATC Athletic Training Program Director Texas Christian University Department of Kinesiology TCU Box 297730 Fort Worth,TX 76129 817.257.5733 s.ievaS@tCLI.edu Program Website: www.atliletictraining.tcu.edti Sent from my Verizon,Samsung Galaxy smart-phone -------- Original message-------- From: "Turner, Chelsea" <chelsea.turner7tcu.cdu> Date: 8/13119 1:33 PM (GMT-06:00) To: "Jevas, Stephanie" cs.1evas(a7teu.edu> Subject: FW: TCU interns Hi Stephanie, I just got off the phone with Chief Homer and the agreement looks good.Will you please give him a call soon to discuss the scope of services the AT student would be doing with the fire department?I need help answering questions 1, 2,and 4. 1 told him you'd be giving him a call shortly.Thanks, Chelsea From: Robertson, Homer fmai Ito:Homer.Robe rtson@fortworthtexas.govl Sent:Tuesday,August 13,2019 12:47 PM To:Turner, Chelsea<chelsea.turner@tcu.edu> Subject: FW:TCU interns 9 Chelsea Please review the questions from legal and then give me a call to discuss.thanks Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office: (817)392-6810 Cell: (817) 279-3323 "To serve and protect the community through education,prevention,preparedness and response" r From:Qualls,Trey Sent:Tuesday,August 13,2019 11:27 AM To: Robertson, Homer<Homer.Robertson@fortworthtexas.gov> Subject: RE:TCU interns Good morning Chief, There are a few issues we stir need to clear up before we can send the draft to TCU. 1. Do you have any idea how many participants you want to allow?Looks like PD set their program up for 3 social work interns at a time. If you don't have any specific number in mind,we can just say that it'll be for some mutually agreeable number. But€wanted to give you a chance to limit it to a certain number if you were wanting to do so. 2. Are you okay with the students being able to participate for up to 2 semesters and gain up to 500 hours of experience?That's just what PD had in their agreement. But it's up to you how you want to set that up.Again, if you had something else in mind—like more or less hours--we can propose that.500 hours comes out to about 17 hours a week per student if a student is in the program for two semesters.TCU may also have some minimum number of hours their students need for their degree program. I'm not sure. 3. ❑o you have any idea how long you'd like the agreement's term to be?Looks like PD set their agreement up for 3 years with no mention of possible renewals.We can do that as well, unless you have some other thought about that. 4. The Scope of Services paragraph (section 1) usually briefly describes the types of services that the Agreement covers. It's just meant to give a general idea of what the Agreement is about.The language in the current draft is just copied from PD's agreement with the school of social work,so it doesn't really fit our agreement.We probably need to come up with a sentence or two about what the students will actually be doing.Once you give me that, I can probably use that to fill in the consideration section(section 4). 1 don't know if you want to reach out to the Kinesiology Dept to clear up any of those issues.❑r maybe you already know the answers.Once 1 hear back from you on these last few things, I can shoot you a final draft to go over to TCU. Feel free to give me a call if you have any questions. Best, 10 Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth,Texas 76102 Direct: 817-392-7618/Fax: 817-392-8359 Tre ualls fortwortlltexas, ov City of Fort Worth—Working together to build a strong community. FORT WORTH. RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this a-maiI in error,please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent: Monday, August 12, 2019 2:53 PM To: Qualls,Trey Subject: RE: TCU interns I don't see any issues with the agreement.Let me know when we can send the clean version of it. Homer Robertson Assistant Fire Chief Fort Worth Fire Department Educational&Support Services BBPSC-505 West Felix Street Fort Worth,TX 76115 Office:(817)392-6810 Cell:(817)279-3323 "To serve and protect the community through education, prevention,preparedness and response" oxY�runr� "Y O A From:Qua Ifs,Trey Sent:Thursday,August 8,2019 5:02 PM To:Robertson, Homer<Homer.Robertson fortworthtexas. ova Subject: RE:TCU interns Chief, With PD, it looks like they actually just used sections from the proposed agreement that TCU sent us to draft the Scope of Work that we ultimately ended up using for the contract.So I've gone ahead and taken the liberty to construct a 11 Scope of Work for our agreement as well using TCU's proposed agreement language again.You certainly don't have to use it if you don't want to, but I thought it might give you at least a basis to start with if you don't already have one. Therefore,take a look at the attached word document titled TCU Kinesiology.it'll need your input for the highlighted sections,as well as the scope of work(Exhibit A).Once we get those sections cleaned up and to your liking,we can send the draft over to TCU to make sure they're okay with everything. If they are, it'll just be a matter of drafting the final agreement and routing it for signatures. Just to let you know, I'm out tomorrow. But I'II be back on Monday if you have any questions. Respectfully, Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth,Texas 76102 Direct: 817-392-7618/Fax: 817-392-8359 Tre walls fortwortlitexas. ov City of Fort Worth— Working together to build a strong community. FDRT WORTH. RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent: Thursday, August 08, 2019 4:29 PM To: Qualls, Trey Subject. Re:TCU interns Thank you Sent from my iPhone On Aug 8,2019,at 4.12 PM, Qualls,Trey Carl.Qualls fortworthtexas. ova wrote: Chief, I'm working on squeezing the proposed agreement that TCU provided to us into a format similar to what we did for PD and the School of Social Work.I can finish that up in the next day or two and get it over to you. If you don't already have it,you'll just have to hammer out a Scope of Services between the Fire Dept and TCU that outlines what each parties'specific responsibilities will be under the agreement. I've attached the Scope of Services from the School of Social Work agreement as an example.That will be Exhibit A to the agreement(and the most important part). 12 Please don't hesitate to contact me if you have any other questions. I'm happy to help however I can. Best, Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth,Texas 76102 Direct: 817-392-7618/Fax: 817-392-8359 Tre calls forrworthtexas. ov City of Fart Worth—Working together to build a strong community. <mage003 J pg> RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use,dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office(817)392-7618. From: Robertson, Homer Sent:Thursday,August 08, 2019 3.44 PM To: Qualls,Trey Cc: Guzman, Leann Subject: TCU interns Trey I'm trying to wrap up this TCU request to let their interns work with our trainer before the program manager goes out on maturity leave. Is there anything I need to do on our end to complete? Homer Robertson Assistant Fire Chief Educational &Support Services 505 West Felix Street Fort Worth,TX 76115 Office:(817)392-6810 Cell: (817)279-3323 City of Fort`Worth-"'Working together to 6u ildstronger communities' cimage004 jpg> <mage003.ipg> <T'CU SW Exhibit A Scope of Services.docx> 13 TCU and FWFD Athletic Trainer Internship • Agreement between the TCU Kinesiology Department and the City of Fort Worth to allow up to 3 student per semester to obtain clinical hours at the Training Academy under the supervision of the Athletic Trainer. • Program participants will observe and assist the assigned preceptor in the delivery of healthcare services in the areas of injury, prevention, clinical evaluation and diagnosis, immediate care, treatment and conditioning. • Provides practical learning experience to the students as athletic trainers. Students cannot provide treatment without direct supervision. • No compensation will be paid to the students for their time which could be up to 480 hours per semester. • The CFW Legal Department has reviewed and agreed to the terms of the agreement with TCU.