Loading...
HomeMy WebLinkAboutContract 59574CSC No. 59574 EDUCATIONAL AFFILIATION AGREEMENT FOR STUDENT INTERNSHIPS AND CLINICAL EXPERIENCES BETWEEN THE CITY OF FORT WORTH AND TEXAS CHRISTIAN UNIVERSITY This EDUCATIONAL AFFILIATION AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Fernando Costa, 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 Social Work (the "Program"); and Whereas, The Program requires relationships with facilities where students can obtain the clinical learning experience required in the curriculum; and Whereas, City has the clinical setting and equipment needed by TCU students participating in the Program ("Program Participants") as part of their practical learning experience; and Whereas, TCU and City agree that it will be to their mutual interest and advantage for students and faculty of TCU to be given the opportunity to collaborate with the Fort Worth Police Department's Victim's Assistance Unit for educational purposes as part of the Program. In consideration of the mutual promises and conditions in this Agreement and for good and valuable consideration, TCU and City agree as follows: _►itli��u�i;fl�lZ�Z�i1►tl[�►11�E.� 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 terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. The City will accept up to three (3) Program Participants who are in the TCU of Social Work working on a Master's in Social Work who will be given the opportunity to learn how to read reports, mail letters, conduct phone outreach, and provide in person contact with victims of crimes as needed. City will provide TCU the ability for its Program Participants to work in City facilities for up to two semesters with the potential to receive up to 500 hours of experience which will go towards the Program Participants' Educational Affiliation Agreement between Page 1 of 17 City of Fort Worth and Texas Christian University OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX degrees. 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. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder and the obligations of the parties. 2. TERM. 1. 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"). This Agreement may be renewed for four (4) consecutive one-year terms upon mutual written agreement of the Parties. 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 School of Social Work, is providing a valuable resource to Fort Worth Citizens who are victims of domestic violence. Further, the City recognizes that this will help enrich the citizenry of Fort Worth and further its purpose of making Fort Worth the most livable City in the Country. For TCU's performance in accordance with this Agreement, TCU recognizes that Fort Worth Police Department's Victim's Assistance Unit is providing a necessary resource in order for TCU to carry out its Social Work program curriculum and without the Fort Worth Police Department's Victim's Assistance Unit's participation these participants may not have the opportunity to obtain the hours necessary to complete the program. 5. TERMINATION. 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 Page 2 of 17 City of Fort Worth and Texas Christian University 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 Supp. 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. Educational Affiliation Agreement between Page 3 of 17 City of Fort Worth and Texas Christian University 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 ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR 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 "CLAIMS MADE" PROFESSIONAL LIA BILI TY INS URANCE 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 OF LIABILITY INSURANCE TO CITY INDICATING COVERAGE OF THE PROGRAM PARTICIPANT'S TRAINING IN CLINICAL SETTING FOR THEIR ACTS, FAILURE TO ACT OR NEGLIGENCE A RISING 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 COMPREHENSIVE LIABILITY INSURANCE COVERAGE, 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 Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Page 4 of 17 TO CREATE A SINKING FUND OR SHALL BE CONSTRUED AS A WAIVER OF IMMUNITY ON THE PART OF THE CITY OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES NOR SHALL ANYTHING HEREIN BE CONSTRUED AS A WAIVER, MODIFICATION OR EXPANSION OF ANY PROVISION OF THE TEXAS TORT CLAIMS ACT." ECtllRSI-r ►e3�'ui ►�_@R� 7li1L1 Rl" 10.1 Assi-.nment. TCU shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and TCU under which the assignee agrees to be bound by the duties and obligations of TCU under this Agreement. TCU and Assignee shall be jointly liable for all obligations of TCU under this Agreement prior to the effective date of the assignment. 10.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written agreement with TCU referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of TCU under this Agreement as such duties and obligations may apply. TCU shall provide City with a fully executed copy of any such subcontract. 11. 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 verage 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 meets 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. Educational Affiliation Agreement between Page 5 of 17 City of Fort Worth and Texas Christian University 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. (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. Educational Affiliation Agreement between Page 6 of 17 City of Fort Worth and Texas Christian University 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 conftnnation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Jesus J. Chapa, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address 15. SOLICITATION OF EMPLOYEES. To TCU: Texas Christian University Megan Soyer, Associate Provost TCU Box 297042 Fort Worth, TX 76129 Facsimile: (817)-257-7503 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 / 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. Educational Affiliation Agreement between Page 7 of 17 City of Fort Worth and Texas Christian University 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and TCU shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and TCU, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. Educational Affiliation Agreement between Page 8 of 17 City of Fort Worth and Texas Christian University 26. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of TCU whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 27. CHANGE IN COMPANY NAME OR OWNERSHIP TCU shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of TCU or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of , 20_. Educational Affiliation Agreement between Page 9 of 17 City of Fort Worth and Texas Christian University ACCEPTED AND AGREED: CITY OF FORT WORTH: Name: Fernando Costa Title: Assistant City Manager Date: Jun 9, 2023 APPROVAL RECOMMENDED: RobertAlle Jr. (Jun 9, 202314:01 CDT) By: Name: Robert A. Alldredge Title: Executive Assistant Chief any ATTEST: o FFORT°Ba � °a�a aEap54bp By: Name: Jannette Goodall Title: City Secretary TEXAS CHRISTIAN UNIVERSITY: By: .6-4a e P Name: Chris Watts Title: Dean Date: 5/9/2023 Educational Affiliation Agreement between City of Fort Worth and Texas Christian University 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. By: Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: By: A gllovfl Name: Megatcfoyer Title: Associates Provost Date: d7' E) -23 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 10 of 17 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. 13 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, curriculum and objectives to be achieved at City by Program Participants, and the academic calendar of TCU. I.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 (CJIS) Certified Prior to their participation in the Program with City. 1.10 If a Program Participant is not CJIS Certified or fails to meet the requirements for CJIS Certification, the Program Participant may not participate with City in the Program. 2.0 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 Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Exhibit A Page 11 of 17 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 Participant's 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: (I) the achievement, progress, adjustment or health of the Program Participant does not warrant continuation at City, (2) the behavior of the Program Participant fails to conform to the applicable regulations of City, (3) the Program Participant's clinical performance is unsatisfactory to City, or (4) the Program Participant's behavior, in the City's discretion, is disruptive or detrimental to City and/or its clients. In any such event, the Program Participant's participation in the Program at the City shall immediately cease; however, in such situations, all final resolutions of the Program Participant's academic status and/or continuing participation in the Program will be made solely by TCU. Only TCU may remove or dismiss a Program Participant from the Program. 2.6 City will provide Program Participants with an orientation at the beginning 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 the services provided to clients of the City. 2.7 It is understood that in no case shall there be any direct expense to City or the State of Texas under this agreement beyond the normal operating costs of City. 2.8 City shall not charge any Program Participants or employees of TCU any fee or other amount for the use of its facilities, equipment, library or supplies under this agreement. 2.9 Program Participants will be directly supervised by an existing staff member of City that is Licensed with a Masters in Social Work. 2.10 City will verify that all Program Participants are CJIS Certified before participation in the Program begins. Educational Affiliation Agreement between City of Fort Worth and Texas Christian University Exhibit A Page 12 of 17 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 V EXHIBIT B PROGRAM PARTICIPANT WAIVER AND ACKNOWLEDGMENT THAT PROGRAM PARTICIPANT IS NOT AN EMPLOYEE OF CITY Each Participant who is an adult and legally able will complete a copy of the waiver below and return a signed, notarized original copy to the City prior to beginning any assignment under this agreement. CITY OF FORT WORTH WAIVER, RELEASE, CONFIDENTIALITY AND INDEMNITY AGREEMENT I, for myself, my heirs and assigns, hereby affirm that I am aware that my participation in TCU's Masters in Social Work Affiliation Program ("Program") solely managed by TCU, but partly taking place at a worksite location with the City of Fort Worth ("City") primarily at the Fort Worth Police Department's Victims Assistance Unit ("Facility") in Fort Worth, Texas, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by my participation in the Program, and I am participating in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my participation in the Program, regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my participation in the Event. Further, I agree to 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 discharge the Citv of Fort Worth, its officers, servants, agents and emplovees from anv and all claims, actions, causes of action, damaLyes, losses or expenses, including attornev's fees whether real or asserted, of every kind or character, arising out of my participation in the Program and from my use or presence at the Facility, including going to and from such Facility. I, for myself, my heirs and assigns, hereby assume the risk of all conditions present in the Program and of the Facility, dangerous or otherwise, all 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 Citv of Fort Worth, its officers, servants, agents and emplovees even if said iniuries, death or other damages are caused in whole or in hart by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or emplovees. I, 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, 1 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 I, . further acknowledge that the purpose of this Program is to enhance my knowledge about the practical aspects of working in my field of study and that the education received during the Program is for my express benefit and City does not derive an immediate advantage from my participation in the Program. 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. (signature page follows) Educational Affiliation Agreement between City of Fort 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 12019. 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 S Page 16 of 17 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY TCU Box 297042 -art Worth. TX 76129 (817) 257-7503 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: Chris Watts Position: Dean Signature 2. Name: Megan Soyer Position: Associate Provost Signature 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