HomeMy WebLinkAboutResolution - 2002-R0532 - Affiliation Agreement Between The City And Texas Tech Health Sciences Center - 12/12/2002Resolution No. 2002—RO532
December 12, 2002
Item No. 33
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 and any
associated documents between the City of Lubbock and the Texas Tech University Health
Sciences Center to permit cooperation with regard to Molecular Pathology education
between the TTUHSC School of Allied Health and the City of Lubbock Health
Department, a copy of which Affiliation Agreement is attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 12th day of December , 2002.
ATTEST:
AS
e cca Garza, City Secretary
APPROVED AS TO CONTENT:
4�� doy'44�-
Tommy mden, Health Director
109-9 a7W we] me]
Attorney
DDres/TTUHSCconRes
November 22, 2002
ve`r, First Assistant Ci
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Resolution No. 2002—RO532
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AFFILIATION AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO by and between City of Lubbock Health
Department hereinafter called Facility and Texas Tech University Health Sciences Center, School
of Allied Health, Department of Diagnostic & Primary Care, Molecular Pathology Program,
hereinafter called TTUHSC.
WITNESSETH
WHEREAS, Facility operates accredited facilities at 1902 Texas Ave. Lubbock. TX 79405
and
WHEREAS, the TTUHSC operates a Molecular Pathology Program, within the School of
Allied Health
and
WHEREAS, the Parties desire to advance Molecular Pathology education and aid in
meeting the ever increasing demand in the State and Nation for trained health professions, and to
make available better health services to patients, and
WHEREAS, 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, for and in consideration of the foregoing and in further
consideration of the mutual benefits, the Parties hereto agree as follows:
ARTICLE I
Duration and Termination
This agreement starts November 1. 2002, and ends December 31, 2005.
Either party may terminate this contract at any time with or without cause by giving the
other party thirty (30) days written notice to terminate; however, students assigned at Facility when
termination notice is given shall be permitted to complete their current rotation, assignment, or
semester at TTUHSC's option.
Upon expiration of the original term of this agreement, this agreement shall continue in full
force and effect on a year-to-year basis unless thirty (30) days written notice of termination is
given by either party to the contract.
ARTICLE II
Responsibilities of the Parties
a. Facility will
Allow the use of its facilities for the education and training of
Allied Health students enrolled in the Molecular Pathology
Program.
Provide clinical staff supervision by currently licensed
professionals in the field of Molecular Pathology Program for
students in Allied Health education programs.
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iii. Provide access for faculty and students to patients at the facility
as part of their clinical training.
iv. Review periodically the specific program efforts and number(s) of
students to participate at the Facility both factors being subject to
mutual agreement of the Signatory Parties prior to the beginning
of the clinical experience.
V. Maintain responsibility for the policies, procedures, and
administrative guidelines to be used in the operation of the
Facility.
vi. Encourage its staff to participate in the educational activities of
the TTUHSC.
vii. Participate, if requested by TTUHSC, in any annual program
review activities of TTUHSC which are directed toward continuing
program improvement.
viii. Maintain authority and responsibility for care given to its patients.
b. TTUHSC will
Maintain the authority and responsibility for allied health
education programs for its students which may be conducted
within the facility.
Consider for clinical and/or adjunct faculty appointment those
members of Facility's staff who contribute significantly to the
educational programs subject to academic standards and rank
used by TTUHSC.
iii. Inform its faculty and students of the requirement to comply with
the Facility's policies and procedures when in attendance at the
Facility, only insofar as there is no conflict with the policies, rules
and regulations of TTUHSC or the laws and the Constitution of
the State of Texas.
iv. Provide, if requested by Facility, faculty participation, if available,
on committees and task forces of Facility.
V. Maintain during the term of this agreement and any extensions
thereof, professional liability insurance for students.
vi. Inform all students that they are not employees of Facility and
have no claim against Facility for any employment benefits.
ARTICLE III
Research
It is understood that clinical research programs based at Facility may be encouraged in order to
strengthen the academic program and will be subject to rules and regulations of the Facility in
developing such programs. This does not mean that either party is prohibited from developing
research programs of its own, not related to the academic program of the other party. Joint
research programs will not be initiated without prior written approval of both parties.
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ARTICLE IV
Severability
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 provided that any invalid
provision is not material to the overall purpose and operations of this agreement. The remaining
provisions of this agreement shall continue in full force and effect and shall in no way be affected,
impaired, or invalidated.
ARTICLE V
Amendment
This Agreement may be amended in writing to include such provision as the Parties may agree
upon.
ARTICLE VI
Venue
This agreement shall be governed by and construed and enforced in accordance with the laws of
the State of Texas. Venue will be in accordance with the Texas Civil Practice & Remedies Code
and any amendments thereto.
ARTICLE VII
Assignment
Neither party under this agreement shall have the right to assign or transfer its rights to any third
party without the prior written consent of the other party.
ARTICLE VIII
Independent Contractor Status
Nothing in this agreement is intended nor shall be construed to create an employer/employee
relationship between contracting parties. The sole interest and responsibility of the parties is to
ensure that the services covered by this agreement shall be performed and rendered in a
competent, efficient, and satisfactory manner.
IN WITNESS WHEREOF, the undersigned parties do hereby bind themselves to the faithful
performance of this contract.
City of Lubbock Health Department
TEXAS TECH UNIVERSITY
HEALTIKIWIENCES CENTER
By: By: H
Name: Tommy Camden Name: Elmo M. Cavin
Title: Health Director
Date: 12/02/02
ed as to form I
city Attorney
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Title: Acting
Date:
ATTEST:
e ecca Garza, City Se&retdry