HomeMy WebLinkAboutContract 56248 CSC No. 56248
TEXAS CHRISTIAN UNIVERSITY
Educational Affiliation Agreement for Student Internships and Clinical Experiences
Version 2019.1
THIS AGREEMENT is made between Texas Christian University("TCU")and City of Fort Worth—
Parks and Recreation Department ("Facility").
RECITALS
A. TCU has established an approved program of professional education entitled the Harris
College of Nursing and Health Sciences which includes programs in Nursing, Nurse Anesthesia, DNP,
Kinesiology, Social Work, Communication Sciences and Disorders(the"Program");
B. The Programs require relationships with facilities where students can obtain the clinical learning
experience required in the curriculum;
C. Facility has the clinical setting and equipment needed by TCU students participating in the
Program ("Program Participants") as part of their practical learning experience; and
D. TCU and Facility agree that it will be to their mutual interest and advantage for students
and faculty of TCU to be given the opportunity to utilize Facility 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 Facility agree as follows:
1.0 Obligations of Facility.
1.1 Facility will make available its facilities and personnel to provide a quality and suitable
clinical learning experience and supervision consistent with the Program's curriculum and objectives for
Program Participants in accordance with TCU's academic calendar.
1.2 Facility will make available appropriate Facility 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
Facility, and provide evaluations of Program Participant performance at the Facility. Facility shall provide
to TCU all necessary conference and classroom areas for Program Participants as well as locker space
and lounge areas, all on an as available basis, while Program Participants are assigned to the Facility.
1.3 It is understood that in no case shall Program Participants replace regular staff and that
Facility retains full responsibility, authority, and accountability for the services it provides and will not rely
on the Program Participant's training activities for staffing purposes.
1.4 Facility will permit, on reasonable request,the inspection of clinical and related facilities by
agencies charged with responsibility for accreditation of TCU.
1.5 Facility may take immediate temporary action, including temporary removal of a Program
Participant from the Facility, to correct a situation where a Program Participant's actions endanger the care
of Facility's patients. Facility 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 Facility, (2) the behavior of the Program Participant
fails to conform to the applicable regulations of Facility, (3)the Program Participant's clinical performance
is unsatisfactory to Facility, or(4)the Program Participant's behavior,in the Facility's discretion,is disruptive
or detrimental to Facility and/or its patients. In any such event, the Program Participant's participation in
the Program at the Facility shall immediately cease; however, in such situations, all final resolutions of the
Program Participant's academic status and/or continuing participation
OFFICIAL RECORD
CITY SECRETARY
Approved April 15.2019 FT. WORTH, TX
TEXAS CHRISTIAN UNIVERSITY
HARRIS COLLEGE OF NURSING AND HEALTH SCIENCES
CITY OF FORT WORTH - PARKS AND RECREATION DEPARTMENT
in the Program will be made solely by TCU. Only TCU may remove or dismiss a Program Participant from
the Program.
1.6 Facility shall provide all equipment and supplies needed for clinical instruction at Facility,
including, but not limited to all necessary safety equipment and supplies.
1.7 Facility shall provide emergency care, at Program Participant's expense, in case of illness
or accident to any Program Participant.
1.8 Facility will provide an orientation and training to familiarize Program Participants and
faculty of TCU with Facility's procedures, policies, standards, code of ethics and to meet HIPAA (Health
Insurance Portability and Accountability Act of 1996), OSHA (Occupational Safety Health Administration)
and TJC (The Joint Commission) requirements. TCU will instruct Program Participants that they must
attend such orientation and comply with the regulations of Facility.
1.9 It is understood that in no case shall there be any direct expense to Facility or the State of
Texas under this agreement beyond the normal operating costs of Facility
1.10 Facility 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.
1.11 Facility shall provide a safe working environment in compliance with applicable safety laws,
policies and procedures governing the Facility.
2.0 Obligations of TCU.
2.1 TCU will send to Facility for clinical experience Program Participants who have completed
a substantial segment of their academic curriculum.
2.2 TCU will provide and maintain the academic records and reports necessary for conducting
the Program Participants' clinical learning experience.
2.3 TCU will assign a specific number of faculty to work directly with Facility staff in furthering
of the Program Participants' clinical learning experience and in resolving any problems which may arise.
2.4 TCU will maintain confidentiality of any material relative to the clinical learning experience.
2.5 TCU, through the Harris College of Nursing and Health Sciences, after consultation with
Facility, shall plan and oversee the educational program for Program Participants' clinical experiences.
2.6 TCU will provide Facility with a description of the program, curriculum and objectives to be
achieved at Facility, and the academic calendar of TCU.
2.7 TCU will provide to Facility, upon request, verification of current State of Texas licensure
for faculty who are licensed.
2.8 TCU will require Program Participants to provide, upon request, written verification of
immunizations required by applicable regulatory agencies and Facility's policies, including Hepatitis B (or
waiver) and current PPD and to provide evidence of immunity to chicken pox, measles and rubella.
2.9 If required by Facility,TCU will assign to Facility only those Program Participants that have:
(1) been instructed in Standard Precautions recommended by the Centers for Disease Control and
Prevention (CDC); and (2) completed a cardiopulmonary resuscitation and first aid course.
2.10 Upon Facility'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 restrictions of HIPAA and
FERPA. If such prescreening is required by the Facility, the Facility shall notify the TCU faculty coordinator
of such requirements prior to accepting Program Participants.
3.0 Joint Obligations.
Ti The specific areas of Program Participant assignment and the number and distribution of
Program Participants between units of the Facility will be mutually agreed upon each academic semester
by TCU and Facility.
3.2 TCU and Facility shall adhere to all requirements of local, state and federal laws.
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Approved April 15,2019
TEXAS CHRISTIAN UNIVERSITY
HARRIS COLLEGE OF NURSING AND HEALTH SCIENCES
CITY OF FORT WORTH -- PARKS AND RECREATION DEPARTMENT
4.0 Term.
4.1 This Agreement shall be for a term of three years,beginning on August 1,2021,and ending
without further notice on July 31, 2024.
4.2 Notwithstanding anything to the contrary herein, either party may terminate this Agreement
at any time upon at least sixty (60) days written notice, provided that such termination shall not become
effective for the Program Participants then enrolled in the Program at the Facility if such termination
prevents completion of their requirements for completion of the Program.
4.3 Notwithstanding anything to the contrary herein, either party may terminate the Agreement
upon ten (10) days' notice for lack of funding, effective upon the conclusion of the then current semester of
TCU.
6.0 Application of Facility's Rules.
Program Participants, during clinical experience at Facility, are required to follow Facility rules to
the extent that such rules directly relate to clinical training. Program Participants will be expected to conduct
themselves in a professional manner such that their attire and their appearance conform to the accepted
standards of Facility.
6.0 Reservation of Rights; Placement.
TCU and Facility each reserve the right to withhold placement of Program Participants depending
upon the availability of facilities and personnel to adequately provide a satisfactory clinical experience.
7.0 Insurance; Hold Harmless.
7.1 TCU agrees to tender certificates of liability insurance to Facility indicating coverage of
TCU and its agents, employees, and Program Participants training in a clinical setting for their acts,failure
to act or negligence arising out of or caused by the activity which is the subject of this Agreement. TCU will
not list Facility as additional insured. TCU will provide "claims made" professional liability insurance for
Program Participants training in a clinical setting in the amount of $1,000,000 per occurrence and
$1,000,000 aggregate.
7.2 TCU will not list Facility as additional insured. TCU will not purchase tail insurance, but
agrees to keep its insurance coverage in effect for two years following the termination of this agreement.
In the event it does not maintain coverage for that time period, TCU will purchase tail insurance for the
remaining portion of the two-year commitment.
7.3 Facility agrees that, to the extent permissible under Texas law 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 at the Facility, from any and all liability,
damage, expense, causes of action, suits, claims orjudgments arising from injury to person(s) or personal
property or otherwise which arises out of the act,failure to act or negligence of Facility, its servants, agents
or employees, in connection with or arising out of the activity which is the subject of this Agreement.
7.4 TCU agrees that, within and to the limits of its comprehensive liability insurance coverage
and/or any applicable professional liability insurance coverage, it will indemnify and hold harmless Facility,
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 TCU, its agents, employees and Program Participants in connection with or
arising out of the activity which is the subject of this Agreement,
8.0 Laws, Rules and Regulations; Non-Discrimination.
8.1 Facility and TCU agree that neither will discriminate against any individual on the basis of
age, sex, race, creed, color, religious belief, national origin, disability, status as a disabled veteran, or
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Approved April 15,2019
TEXAS CHRISTIAN UNIVERSITY
HARRIS COLLEGE OF NURSING AND HEALTH SCIENCES
CITY OF FORT WORTH - PARKS AND RECREATION DEPARTMENT
veteran of the Vietnam era, and that Facility agrees to comply with all non-discriminatory laws and policies
that TCU promulgates and to which TCU is subject.
8.2 Facility agrees that it will abide by all applicable executive orders, federal, state and local
laws, rules and regulations in effect as of the date of this Agreement, and as they may change or be
amended from time to time, including compliance with the Americans with Disabilities Act.
8.3 Facility agrees that all records governed by The Family Educational Rights and Privacy Act
(FERPA) regulations shall be treated as confidential and secured in a locked receptacle.
9.0 Remuneration.
9.1 Facility shall not pay Program Participants for the services they render.
9.2 Facility will not provide remuneration either in the form of pay or in kind to any employees
of TCU for any services performed or activity required in connection with matters associated with this
Agreement.
9.3 If Facility chooses to make payments to Program Participants in violation of this Section 9,
Facility must notify TCU of the compensation and Facility agrees that those individuals receiving such
compensation shall be deemed employees of the Facility with all liabilities thereunto and TCU's obligations
of release and indemnification set forth in Section 7 shall not apply with respect to the acts of such
individuals receiving unauthorized compensation from the Facility.
10.0 Use of Name; Advertising.
[Neither party shall use the other's name or any corporate or business name which is reasonably
likely to suggest that the two parties are related,without first obtaining the written consent of the other party.
11.0 Non-Assignment and Subcontracting.
Facility shall not assign, transfer or contract for the furnishing of services to be performed under
this Agreement without the written approval of TCU.
12.0 Entire Agreement; Modification.
This Agreement (and its attachments, if any) constitutes the entire understanding between the
parties with respect to the subject matter hereof, supersedes any prior agreements between TCU and
Facility on the subject matter hereof, and may be modified only by a writing signed by both parties. Any
such requests for changes or written notice to terminate must be sent to the following:
Texas Christian University City of Fort Worth—Parks and
Megan Soyer, Associate Provost Recreation Department
TCU Box 297042 4200 S. Freeway Suite 2200
Fort Worth, TX 76129 Fort Worth, TX 76115
13.0 Governing LawNenue.
This Agreement shall be governed by and construed under the laws of the State of Texas. Tarrant
County, Texas shall be the exclusive forum for any lawsuit arising from or incident to this Agreement.
14.0 Consideration.
Under the terms of this Agreement, neither TCU nor Facility are obligated to make any payments
of any kind to the other party.
15.0 Severability'.
In the event one or more clauses of this Agreement are declared illegal, void or unenforceable,that
shall not affect the validity of the remaining portions of this Agreement.
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Approved April 15,2019
TEXAS CHRISTIAN UNIVERSITY
HARRIS COLLEGE OF NURSING AND HEALTH SCIENCES
CITY OF FORT WORTH - PARKS AND RECREATION DEPARTMENT
16.0 Waiver,
The failure of either party to exercise any of its rights under this Agreement for a breach thereof
shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral,
express or implied, of any rights under or arising from the Agreement shall be binding on any subsequent
occasion; and no concession by either party shall be treated as an implied modification of the Agreement
unless specifically agreed in writing.
17.0 Relationship Between the Parties.
Nothing herein shall be construed to create an employer/employee, partnership, joint venture or
principal/agent relationship between TCU and Facility or between the Facility's employees and TCU's
employees and Program Participants. Neither party has any express or implied authority to assume any
obligation or responsibility on behalf of or in the name of the other party. With independent management
of each, they will maintain an effective liaison incorporation. If a dispute arises related to the obligation or
performance of either party in this Agreement, representatives of the parties will meet in good faith in
attempt to resolve the dispute.
18.0 CONFIDENTIALITY and HIPAA.
18.1 TCU and its agents, Program Participants, faculty representatives and employees agree
to keep strictly confidential all confidential information of Facility and/or its patients and not disclose or
reveal any confidential information to any third party, except where permitted or required by law or where
the Facility gives approval by prior written consent. Facility may ask Program Participants to sign an
additional Confidentiality Statement which if required is made a part of this agreement and an example is
so attached as "Exhibit A."
18.2 TCU shall direct Program Participants to comply with the policies and procedures of the
Facility, including those governing the use and disclosure of protected health information under Federal
law, specifically 45 CFR parts 160 and 164. Facility agrees to provide any training necessary to orient
Program Participants to the Facility's specific policies and procedures governing use and disclosure of
protected health information. Solely for the purpose of defining the Program Participants' role in relation to
the use and disclosure of facility's protected health information, such Program Participants are defined as
members of the Facility's work force,as that term is defined by 45 CFR 160, 103,when engaged in activities
pursuant to this Agreement. However, such Program Participants are not, and shall not be considered to
be employees of the Facility.
19.0 Healthcare Facilities.
If Facility is a healthcare provider then the following special provisions shall apply:
(a) The Facility will establish a protocol related to post-exposure of bloodborne pathogens and
shall train Program Participants in the use and practice of such protocols;
(b) Program Participants and faculty assigned to the Facility will meet all reasonable health
standards imposed by applicable laws and regulations or reasonably imposed by the
Facility. A copy of the Facility's standards will be provided to TCU for dissemination to
Program Participants and faculty involved in the Program.
(c) TCU and its agents will abide by, and instruct the Program Participants to abide by, the
written administrative, clinical and all other policies or procedures of the Facility while using
its facilities including but not limited to the consistent performance of patient care processes
according to The Joint Commission (TJC)standards, as well as other regulatory agencies
that oversee hospital operations.
5
Approved April 15,2019
TEXAS CHRISTIAN UNIVERSITY
HARRIS COLLEGE OF NURSING AND HEALTH SCIENCES
CITY OF FORT WORTH — PARKS AND RECREATION DEPARTMENT
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this
Agreement on this day of , 2020.
TCU:
FACILITY:
Texas Christian University City of Fort Worth
if-Ad,—)
By-.Valerie Washington(Aug 31,202114:34 CDT)
By: Alm M Valerie Washington
e n boyefr Assistant City Manager
As§6ciate Provost ! 2� Date: Aug 31, 2021
Date: 2, !
Recommended:
By: C/ .�Z f y r R4dw,"r7 Z219&
Chris Watts, PhD By.Richard Z-ala(Aug29,2021 19:31 CDT)
Dean Richard Zavala
Date: 8/17/2021 Director
Park&Recreation Department
By:5andra Youn d(Aug25,202113:15 CDT)
Sandra Youngblood
Assistant Director
Park&Recreation Department
Exhibit A Yes X No Approved as to Form and Legality:
AW —
By:N ico Arias(Aug 31,202114:31 CDT)
N ico Arias
d�F0Rh��� Assistant City Attorney
O�.'00004°�y d
�o 00��� Attest:
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o °
o °o Icy
Ronald P. Gonzales
°°° Acting City Secretary
00000
'
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance
and reporting requirements.
A1 �G�heZZ9 L1 ga
By,Michelle Villafranca(Aug 25,202114:15 CDT)
Michelle Villafranca
Park Planner
Park& Recreation Department OFFICIAL RECORD
Approved April 15,2019 CITY SECRETARY
FT. WORTH, TX