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HomeMy WebLinkAboutContract 25796 UG lb%UU 11ti) IU:U4 rAA 011 a r laJ•ja runr $Vunrn 1,r r r Al rljn.�r.i �J UUG a CITY SECRETARY ?q CONTRACT NO. CLINICAL EXPERIENCE AGREEMENT WITH TEXAS CHRISTIAN UNIVERSITY THIS AGREEMENT is made between Texas Christian University (`TCU") and Fort Worth Public Health Department("Facility"). RECITALS A. TCU has established an approved program of professional education entitled the Undergraduate and Graduate Clinical Experiences in the College Health Services and Human Sciences (the "Program"); B. The Program requires facilities and relationships where students can obtain the clinical learning experience required in the curriculum; C. Facility has the clinical setting and equipment needed by Program students 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 FacilitV. 1.1 Facility 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 TCU's students in the Program 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 students to specific clinical experiences, provide opportunities for students to participate in selected conferences, clinics, courses and programs conducted by or under the direction of Facility, and provide evaluations of student performance at the Facility. 1.3 It is understood that in no case shall students in learning situations replace regular staff and that Facility retains all responsibility, authority and accountability for the services it provides. 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 recommend to TCU the withdrawal of a Program student from participation at the Facility if: (1) the achievement, progress, adjustment or health of the student does not warrant continuation at Facility, (2) the behavior of the student fails to conform to the applicable regulations of Facility, (3) the student's clinical performance is unsatisfactory to Facility, or (4) the student's behavior, in the Facility's discretion, is disruptive or detrimental to Facility and/or its patients. In any such event, the student's participation in the Program at the Facility shall immediately cease. Only TCU may remove or dismiss a student from the Program- 1.6 Facility shall provide, as appropriate, all equipment and supplies needed for clinical instruction at Facility. 1.7 -Facility shall provide to TCU all necessary conference and classroom areas for students, as well as locker space and lounge areas, all on an as available basis, while students are assigned to the Facility. QDD TCU—College Health & Human Services iGON I'rI '°r U Page 1 Clinical Experience Agreement fro ��{f.,?r � �.`:;:t�, ����o UL- IU, UU nt•L lU. U-i r.i-i of i o i -L o- • � i UA 1. 11 111%111 4111 _111 VN.AL1 `P_J UUJ 1.8 Facility shall provide faculty and students of TCU with an orientation to the Facility's rules, regulations and policies. 2.0 Obligations of TCU 2.1 TCU will send to Facility for clinical nursing experience students who have completed a substantial segment of their academic curriculum. 2.2 TCU will provide and maintain the records and reports necessary for conducting the students' clinical learning experience. 2.3 TCU will assign a specific number of faculty to work directly with Facility staff in furthering of the students' clinical learning experience and in resolving any problems which may arise. 2.4 TCU will withdraw a student from the clinical program at Facility if, after consultation with Facility personnel, TCU determines such action to be warranted. 2.5 TCU will maintain confidentiality of any material relative to the clinical learning experience. 2.6 TCU, through its Associate Dean of Nursing, after consultation with Facility, shall plan and oversee the educational program for student clinical experiences. 2.7 TCU will provide Facility with a description of the program, curriculum and objectives to be achieved at Facility, and the academic calendar of TCU. 2.8 TCU will provide to Facility, upon request, verification of current State of Texas licensure for faculty who are licensed nurses. 3.0 Joint Obligations 3.1 The specific areas of student assignment and the number and distribution of students 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. 3.3 TCU and Facility shall provide a safe working environment in compliance with applicable safety laws, policies and procedures governing the Facility. 4.0 Term 4.1 This Agreement shall be for a term of three (3) years, beginning on August 1, 1999, and ending without further notice on July 31, 2002. 4.2 This Agreement may be renewed for two (2) additional 1-year terms by written agreement of both parties. 4.3 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 all students currently enrolled in the Program at the Facility at the time of notice of termination shall be given the opportunity to complete their Program at Facility, such completion not to exceed three (3) months. 4.4 Notwithstanding anything to the contrary herein, TCU may terminate the Agreement upon ten (10) days' notice for lack of funding. TCU—College Health & Human Services r G � "LhPage 2 Clinical Experience Agreement 5.0 Application of Facility's Rules TCU students, during clinical experience at Facility, will follow Facility rules to the extent that such rules directly relate to clinical training. TCU students will be expected to conduct themselves in a professional manner such that their attire and their appearance conform to the accepted standards of Facility. 6.0 Reservation of Rights; Placement ,rcU and Facility each reserve the right to withhold placement of Program students 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 coverages of TCU and its agents, employees and students for their acts, failure to act or negligence arising out of or caused by the activity which is the subject of this Agreement. 7.2 Facility agrees, to the extent permitted by law, that it will indemnify and hold harmless TCU, its servants, agents and employees, and any students acting as such, 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 Facility, its servants, agents or employees, in connection with or arising out of the activity which is the subject of this Agreement. 7.3 TCU agrees that, within and to the limits of its comprehensive 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 students 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 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, 9.0 Remuneration 9.1 Facility shall not pay students for the services they render. MD TCU—College Health& Human Services rC�ll c�r�'-U€�L519nlU�hU Page 3 Clinical Experience Agreement 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. 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. 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 party is obligated to make any payments of any kind to the other party. 15.0 Severabili#y In the event one or more clauses of this Agreement are declared illegal, void or unenforceable,that shall not affect the validity of the remaining portions of this Agreement. 16.0 Waiver The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from the Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing. TCU--College Health&Human Services R r Page 4 Clinical Experience Agreement r�l5�t of Q�U 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 students. Neither parry 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 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; (b) TCU's students and faculty assigned to the Facility will meet all reasonable health standards imposed by applicable laws and regulations or imposed by the Facility. A copy of the Facility's standards will be provided to TCU for dissemination to its students and faculty involved in the Program. IN WITNESS WHE F, the au orized representatives of the parties have executed this Agreement on this ��day of , 2000. TCU: FACILITY: Texas Chris an niversi City of ForOrth Health Department BY: Y= William Koehler, Ph.D. bbby watsai Provost.//& VC Academic Affairs Assistant City Manager Date: Date: � n By: APPROVED S TO FORT__ Rhonda Keen-Payne, RN, D Dean Ass City Attarr[e Date: )�1,1G2 C l tr -�-r ATTEST: By: _ PCCt Alison Moreland, RN, MS Gloria Pearson -iq—pv Clinical Facilities Coordinator City Secretary Date: NO M&C REQUIRED TCU—College Health&Human Services00 Page 5 Clinical Experience Agreement Q��Cr6���rlaia� � M ICU HARRIS COLLEGE OF NURSING April 11, 2000 IRE D ` APR 14 20�'�; , Cynthia Garcia Assistant City Attorney 1000 Throckmorton Fort Worth, TX 76102 RE: Fort Worth Public Health Department Dear Ms. Garcia: Enclosed are three signed contracts. Please get signatures at your end and return one completed copy tome. Each semester, prior to the planned experiences, the faculty member will contact Rowena Wooters and send her a list of the students who will be coming and the dates they will be there. If there is other information that you need for your records, please feel free to let the faculty member or me know. Thank you so much for your assistance in working out these arrangements. We look forward to a continuing, mutually beneficial association. If you have any questions or suggestions at any time, please call me at 257-6759. Sincerely, aW— -t� *V/-64 Alison Moreland, MS, RN Clinical Facilities Coordinator enc Texas Christian University • TCU Box 298620 • Fort Worth,Texas 76129 • (817)257-7650 • FAX(817)257-7104