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
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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.
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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
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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.
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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>
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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.