HomeMy WebLinkAboutResolution - 2018-R0232 - Student Clinical Experience - Texas Tech University - 07/26/2018Resolution No. 2018-RO232
Item No. 6.10
July 26, 2018
RESOLETION
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 c
behalf of the City of Lubbock, an Affiliation Agreement for Student Clinical Experience, by at
between the City of Lubbock and Texas Tech University Health Sciences Center, a publ
institution of higher education on behalf of its Graduate School of Biomedical Science
Department of Public Health, and related documents. Said Agreement is attached hereto at
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
the City Council.
Passed by the City Council on July 26, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Rebec t
arza, City.9ccreirry
APPROVE AS TO CONTENT:
0
Katherine Wells, Director of u lic Health
APPROVED AS TO FORM:
R n.1-11roo,kfc, Assistant City Attorney
M.S. rrUFISC-CO LT11) Student Clinical Ain I ialion Agreement Biomedical
7.11.18
Resolution No. 2018-RO232
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TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
AFFILIATION AGREEMENT
for
Student Clinical Experience
This Affiliation Agreement ("Agreement") is executed by and between Texas Tech University
Health Sciences Center, a public institution of higher education on behalf of the Graduate School
of Biomedical Sciences' Department of Public Health, and the City of Lubbock, on behalf of the
City of Lubbock Health Department, ("Facility").
Both TTUHSC and Facility are also referred to herein as "Party" or, collectively, "Parties."
Recital
Facility operates the City of Lubbock Health Department at 806 181h Street Lubbock, TX 79401.
TTUHSC enrolls students in the Master of Public Health program, which requires an Applied
Practice Experience. The Parties desire to advance the field of public health and aid in meeting
the increasing demand for trained healthcare professionals and to make available better health care
services to patients.
In consideration of the foregoing and in further consideration of the mutual benefits, the Parties
agree as follows:
Article 1
Term and Termination
1.01 Initial Term. The term of this Agreement is for one year beginning July 1, 2018 and ending
on June 30, 2019.
1.02 Renewal. This Agreement shall automatically renew for four consecutive one year terms
unless otherwise terminated by either Party.
1.03 Termination. Either Party may terminate this Agreement at any time with or without cause
by providing 30 days written notice to the other Party. Students assigned at Facility when
termination notice is given will be permitted to complete their current practicum at
TTUHSC's option.
1.04 Annual Review. This Agreement must be reviewed and evaluated annually by TTUHSC
and Facility at least one month prior to expiration of the current term of this Agreement for
the purpose of mutually agreed upon revisions which may be deemed advisable or
necessary and which will be set forth in a written amendment to this Agreement executed
by both Parties.
11111111111111111111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111111111111111
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Article 2
Facility Responsibilities
2.01 Facility Use. Allow the use of its facilities for the TTUHSC student clinical experience
requirement.
2.02 Supervision. Provide staff supervision by appropriately qualified professionals in the field
of expertise identified on page one.
2.03 Confidentiality. Make available access to patients and medical records for TTUHSC
faculty and students as part of the clinical experience requirement. Facility agrees that
students who are participating in the practicum are part of Facility's workforce, as that term
is defined under HIPAA regulations, and subject to confidentiality obligations applicable
to Facility's employees and others under its control.
2.04 Patient Care. Maintain authority and responsibility for care given to its patients.
2.05 Review. Periodically review the clinical experience efforts and number of students to
participate as mutually agreed by the Parties prior to the beginning of the clinical
experience, and participate if requested by TTUHSC in program review activities directed
toward continuing program improvement.
2.06 Administration. Maintain authority and responsibility for policies, procedures, and
administrative guidelines in the operation of the Facility. The Facility agrees to promptly
inform the TTUHSC of any changes in the Facility's policies, procedures, and/or staff that
might adversely affect the field experiences of the student placed under this Agreement.
2.07 Staff`' Participation. Encourage its staff to participate in the educational activities of
TTUHSC.
2.08 Removal Notice. Facility agrees that it will give at least five (5) business days prior written
notice to TTUHSC if it desires to remove a student from the practicum assignment, except
in an emergency or when immediate removal is necessary for safety of patients or others.
Removal shall not be based on constitutionally impermissible reasons.
2.09 Emergency Care. Provide emergency medical care for students as needed, at student's
expense.
Article 3
TTUHSC Responsibilities
3.01 Program Responsibility. Maintain authority and responsibility for education programs for
its students which may be conducted at Facility.
3.02 Liaison. Provide a qualified staff member to serve as a liaison for the student's learning
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experience at the Facility.
3.03 Confidentiality. Inform its students of the requirement to comply with applicable Facility
policies and procedures, including confidentiality, and that publication or other disclosure
by either TTUHSC students or faculty of any information or material obtained as a result
of this clinical experience is prohibited, unless prior written approval is obtained from
TTUHSC and Facility.
Article 4
General Provisions
4.01 Amendment. This Agreement may be amended in writing to include such provisions as the
Parties may agree upon.
4.02 Venue. This Agreement is 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 and in
connection with this Agreement shall be in the state or federal courts of Lubbock County,
Texas.
4.03 Assignment. Neither Party has the right to assign or transfer their rights to any third parties
under this agreement without the prior written consent of the other Party.
4.04 Severability. If any term or provision of this Agreement is held to be invalid for any reason,
the invalidity of that section will 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 will remain in full force and effect.
4.05 Independent Contractor. Nothing in this agreement is intended nor will it 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 will be performed and rendered in a competent,
efficient, and satisfactory manner.
4.06 Notices. 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 must be in
writing and will 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: Texas Tech University Health Sciences Center
Director of Applied Practice Experience
Department of Public Health
3601 4th St., MS 9430
Lubbock, TX 79430
2018-07
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D00572972-035 Affiliation (Site Outside)
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If to Facility: City of Lubbock Health Department
P.O. Box 2000
Lubbock, Texas 79408
4.07 Boycott of Israel. Pursuant to Texas Gov't Code Section 2270.001, Facility affirmatively
states that it does not boycott Israel. Additionally, Facility shall not engage in a boycott of
Israel during the term of this Agreement.
4.08 Entire Agreement. This Agreement constitutes the entire understanding and agreement
between the Parties as it relates to this subject matter and supersedes all prior agreements
or understandings, whether written or unwritten.
4.9 E-Signatures. This Agreement may be executed in two or more counterparts, each of
which are deemed to be an original as against any party whose signature appears thereon,
but all of which together 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, have the same effect as physical delivery of the paper
document bearing the original signature.
4.10 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.
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.
[Signature page follows.]
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D00572972-035 Affiliation (Site Outside)
City of Lubbock
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IN WITNESS WHEREOF, the undersigned Parties bind themselves to the faithful performance of this
Agreement.
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
P
BY: Penny Harkey(Ju ,2018)
Signature
Printed Name
Vice President and Chief Financial Officer
Title
Jul 5, 2018
Date
CITY OF LUBBOCK
By: LJY
Signature
Daniel M. Pope
Printed Name
Mayor
Title
July 26, 2018
Date
Attest
HeDeC Garza, Uny Societe
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