HomeMy WebLinkAboutResolution - 2018-R0162 - TTUHSC Pharmacy Student Clerkship - 05/10/2018Resolution No. 2018-RO162
Item No. 6.11
May 10, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, an Affiliation Agreement for Pharmacy Student Clerkship,
by and between the City of Lubbock and Texas Tech University Health Sciences Center, a
public institution of higher education on behalf of its School of Pharmacy, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 10, 2018
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
at erine Wells, Director of Public Health
APPROVED AS TO FORM:
R n ook , Assistant City Attorney
RES.TTUHSC-COLHD Pharmacy Affiliation Agreement
4.23.18
Resolution No. 2018-RO162 D00572972-040 Affiliation Pharmacy Clerkship (Site Outside)
City of Lubbock
CON2090687
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
AFFILIATION AGREEMENT
For
Pharmacy Student Clerkship
This Affiliation Agreement ("Agreement") is executed between TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER, a public institution of higher education on behalf of its School of Pharmacy, ("TTUHSC"),
and THE CITY OF LUBBOCK, a Texas home rule municipal corporation on behalf of the City of Lubbock Health
Department ("FACILITY"), subject to approval by the City Council of the City of Lubbock
Both TTUHSC and Facility are also referred to herein as "Party" or, collectively, "Parties."
WHEREAS,
FACILITY operates accredited or licensed facilities and is principally located at 806 1811, Street, Lubbock,
Texas 79401 and
TTUHSC operates an accredited School of Pharmacy and is principally located at 1300 Coulter Avenue,
Amarillo, Texas, and
The parties desire to make available better health care services to patients, advance pharmacy education, and
aid in meeting the ever increasing demand in the State and Nation for trained health care professionals, and
It is deemed advisable and to the best interest of the parties to establish an affiliation for the purpose of carrying
out these objectives,
NOW, THEREFORE,
In consideration of the mutual benefits, the parties hereto agree as follows:
ARTICLE I
TERM
1. The original term of this Agreement is from March 1, 2018 through February 28, 2022.
2. Thereafter, this Agreement shall automatically renew on an annual basis (unless this Agreement is terminated as
set forth below) without need of a written amendment to extend the term.
3. Either Party may terminate this Agreement at any time with or without cause by giving the other Party ninety
(90) days written notice to terminate; however, students assigned at FACILITY when termination notice is given
shall be permitted to complete their current rotation at TTUHSC's option.
ARTICLE II
FACILITY RESPONSIBILITIES
While TTUHSC pharmacy students are in training, FACILITY will:
1. Allow the use of its facilities for the education and training of pharmacy students who will be under the direct
supervision of preceptors licensed by the Texas State Board of Pharmacy.
2. Provide access for faculty and students to patients and medical records at FACILITY as part of the clinical
training program, unless the patient requests to be excluded from the teaching programs. FACILITY agrees that
students who are participating in the clinical training are part of FACILITY'S workforce as that term is defined
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under HIPAA regulations, and subject to confidentiality obligations applicable to FACILITY'S employees and
others under its control.
3. Provide supervision for precepting rotations by currently licensed pharmacists. FACILITY will notify TTUHSC
immediately of any change in the status of accreditation or licensure.
4. This section is intentionally removed by the Parties.
5. Maintain responsibility for the policies, procedures, and administrative guidelines to be used in the operation of
FACILITY. The FACILITY agrees to promptly inform TTUHSC of any changes in the FACILITY'S policies,
procedures, and/or staff that might adversely affect the clinical training experience of students' placed under this
Agreement.
6. Maintain authority and responsibility for care given to its patients.
7. Periodically, review the specific programmatic efforts and number of students to participate at FACILITY, both
factors being subject to mutual agreement of the parties before the beginning of the clinical experience.
8. Appoint a member of FACILITY's staff as the primary contact person to work with TTUHSC in performance of
this Agreement.
9. Encourage its staff to participate in the educational activities of TTUHSC.
10. Participate, if requested by either Party, in any annual program review activities of TTUHSC, which are directed
toward continuing program improvement.
11. Provide orientation information to TTUHSC's students, including FACILITY's pertinent policies and
procedures.
12. This section is intentionally removed by the Parties.
ARTICLE III
TTUHSC RESPONSIBILITIES
While pharmacy students are in training, TTUHSC will:
1. Maintain the authority and responsibility for its students while at FACILITY. The Regional Dean will have
responsibility for the conduct of the academic and training program, however, decisions affecting placement of
students within FACILITY will be made with mutual cooperation and agreement of FACILITY. The Regional
Dean will be the primary person to work with FACILITY in planning and executing this Agreement.
2. Have its faculty apply for clinical privileges if required by FACILITY and receive such privileges before
engaging in patient care activities.
3. Inform its faculty and students of the requirement to comply with FACILITY 'S policies and procedures when in
attendance at FACILITY, only insofar as there is no conflict with the policies, rules and regulations of the
TTUHSC or the laws of the Constitution of the State of Texas.
4. Maintain for faculty and students during the term of this Agreement and any extensions thereof, professional
liability insurance with a limit of liability no less than one million dollars ($1,000,000) per occurrence and three
million dollars ($3,000,000) in the annual aggregate. Proof of such coverage shall be made available, upon
execution of this Agreement and upon request.
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5. Inform all faculty and students that they are not employees of FACILITY and have no claim against FACILITY
for any employment benefits.
6. Assist FACILITY with a student discipline or performance problem. Upon written notification by FACILITY
that a student is not conforming to FACILITY practices or is otherwise taking action contrary to the best interests
of patient care at FACILITY, TTUHSC will take appropriate action to the circumstances, up to and including
termination of the student from the rotation(s) at FACILITY. If the circumstances are contrary to the best interests
of patient care at FACILITY, it may choose to notify TTUHSC in the most expeditious manner then available
and deliver written notice to TTUHSC within 1 business day after the initial notice.
7. Monitor that its students meet the health requirements of Texas law to include making available if requested,
proof of immunization against rubella and Hepatitis B (or a signed waiver) and evidence of a tuberculosis skin
test performed within the previous twelve (12) months.
9. Perform a criminal background check to include nationwide criminal database search, 7 year review of
statewide/county criminal records, international criminal records, social security number trace, nationwide sex
offender registry search, OIG, GSA, and OFAC records search.
ARTICLE IV
LICENSURE AND CERTIFICATION
TTUHSC will provide proof of current licensure and certification for faculty that may have a relationship with
FACILITY will be made available upon request. TTUHSC will notify FACILITY of any change in the status of
licensure to the extent that such information is not privileged, confidential, or otherwise immune from disclosure
under state or federal law.
ARTICLE V
RESEARCH
It is understood that clinical research programs based at FACILITY will be encouraged in order to strengthen the
patient care and academic programs, and will be subject to rules and regulations of FACILITY insofar as the conduct
of the research. FACILITY will assist TTUHSC in developing pertinent policies and procedures for the conduct of
faculty initiated research at FACILITY to include, as examples but not limited to, handling of indirect cost, royalties,
and publication rights which shall be set forth in a separate agreement. Research programs will not be initiated without
prior written approval of both Parties and the approval of the TTUHSC Institutional Review Board (IRB).
ARTICLE VI
AUDIT
FACILITY understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the
Texas State Auditor's Office, or any successor agency (collectively, "Auditor"), to conduct an audit or investigation
in connection with those funds pursuant to Section 51.9335(c) Texas Education Code. FACILITY agrees to cooperate
with the Auditor in the conduct of the audit or investigation, including, without limitation, providing all records
requested. FACILITY will include this provision in all contracts with permitted subcontractors.
ARTICLE VII
CERTIFICATION
FACILITY certifies and affirms that as of the Effective Date of this Agreement, FACILITY is not in violation of a
Texas payment law that would prohibit it from receiving payment under this Agreement. If this certification is
inaccurate and FACILITY is or at any time becomes in violation of such payment law, payments under this
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D00572972-040 Affiliation Pharmacy Clerkship (Site Outside)
City of Lubbock
CON2090687
Agreement shall be applied directly toward eliminating FACILITY'S debt or delinquency as directed by the
Comptroller of the State of Texas.
ARTICLE VIII
GENERAL PROVISIONS
1. This Agreement may be amended in writing to include such provisions as the Parties may agree upon.
2. This Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Texas. Venue in any action at law on equity in relation to and in connection with this Agreement
shall be in Lubbock County, Texas.
Neither Party shall have the right to assign or transfer their rights to any third parties under this
agreement without the prior written consent of the other Party.
4. If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that
section shall not affect the validity of any other section of this Agreement, and provided the invalid
provision is not material to the overall purpose and operation of this Agreement, the Agreement shall
remain in full force and effect.
5. Nothing in this agreement is intended nor shall be construed to create an employer/employee
relationship between contracting Parties or the students engaged in the practicum. The sole interest and
responsibility of the Parties is that the services covered by this Agreement shall be performed and
rendered in a competent, efficient, and satisfactory manner.
6. Any and all notices or other communications required or permitted by this Agreement or by law to be
served on or given to either Party to this agreement shall be in writing and shall be deemed served when
personally delivered to the Party to whom these are directed, or in lieu of personal service, when
deposited in the United States mail, first-class postage prepaid, addressed as follows:
If to TTUHSC: Dean
School of Pharmacy
Texas Tech University Health Sciences Center
1300 Coulter Ave
Amarillo, TX 79106
806-414-2981
If to FACILITY: City of Lubbock Health Department
806 18th Street
Lubbock, Texas 79401
806-775-2933
7. To the extent authorized by the laws and constitution of the state of Texas, the Parties reserve the right to exercise
any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right
to seek any and all forms of relief in a court of competent jurisdiction. Further, the Parties shall not be subject to
any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall control.
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D00572972-040 Affiliation Pharmacy Clerkship (Site Outside)
City of Lubbock
CON2090687
TTUHSC AND THE CITY OF LUBBOCK DO NOT WAIVE SOVEREIGN IMMUNITY BY ITS
EXECUTION OF OR BY ANY CONDUCT OF ITS REPRESENTATIVES UNDER THIS AGREEMENT,
AND THE DISPUTE RESOLUTION PROCESS DOES NOT AFFECT EITHER PARTIES' RIGHT TO
ASSERT ALL CLAIMS AND DEFENSES IN A LAWSUIT.
8. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be
an original as against any party whose signature appears thereon, but all of which together shall
constitute but one and the same instrument. Signatures to this Agreement transmitted by facsimile, by
electronic mail in "portable document format" (".pdf'), or by any other electronic means which
preserves the original graphic and pictorial appearance of the Agreement, shall have the same effect as
physical delivery of the paper document bearing the original signature.
9. Parties warrant that they are in compliance and will remain in compliance with the following State law
during the term of the Agreement:
Both Parties warrant that they comply with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
a. Parties do not boycott Israel; and
b. The Parties will not boycott Israel during the term of the Agreement.
Texas Senate Bill 252 prohibits the Parties from entering into a contract with a party that is identified
by The Comptroller as a party known to have contracts with or provide supplies or service with Iran,
Sudan or a foreign terrorist organization.
IN WITNESS WHEREOF, the undersigned parties do hereby bind themselves to the faithful performance of this
Agreement.
TEXAS TECH UNIVERSITY HEALTH CITY OF LUBBOCK
SCIENCES CENTER
Penny Harkey (Apr 3, 2018)
Signature Signature
Penny Harkey
Printed Name
Vice President and Chief Financial Officer
Title
Apr 23, 2018
Date
APPROVED AS TO CONTENT.
Daniel M. Pope
Printed Name
Mayor
Title
May 10, 2018
Date
Attest: AV
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