HomeMy WebLinkAboutResolution - 2009-R0123 - Interlocal Agreement- TTUHSC - Continue Join Student Clinical Experience Program - 04/09/2009Resolution No. 2009—Ro123
April 9, 2009
Item No. 5.14
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
of the City of Lubbock to execute an interlocal Agreement and any associated
mts by and between the City of Lubbock and Texas Tech University Health
:s Center, on behalf of the Anita Thigpen Perry School of Nursing, for
ation of the joint Student clinical experience program (ALNR 09303 0), which
lent is attached hereto and made a part of this Resolution for all intents and
by the City Council this 9th day of _ April , 2009.
TOM MARTIN, MAYOR
WEST:
Garza, City Secretary
AS TO CONTENT:
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ALNR 09303 0
Resolution No. 2009—RO123
STUDENT CLINICAL EXPERIENCE Contract: 8939
PROGRAM AGREEMENT / INSTITUTIONAL AFFILIATION AGREEMENT
This agreement is made and entered by and between [Lubbock City Health Department], together
hereinafter called "AGENCY" and Texas Tech University Health Sciences Center, hereinafter called
"TTUHSC", on behalf of its Anita Thigpen Perry School of Nursing, located primarily at Lubbock,
Texas,
WHEREAS, AGENCY operates accredited or licensed facilities at Lubbock, Texas, and
WHEREAS, TTUHSC operates an accredited School of Nursing, and
WHEREAS, the Parties desire to advance nursing education and aid in meeting the ever increasing
demand in the State and Nation for trained health professionals, and to make available better health
service 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 1
ORIGINAL TERM, RENEWAL, AND TERMINATION
The original term of this agreement starts March 3, 2009 and ends March 2, 2013. Thereafter, this
agreement shall automatically renew on an annual basis unless thirty (30) days written notice of intent to
terminate the agreement is given by either party to the agreement.
Either party may terminate this agreement at any time, with or without cause, by giving the other party
thirty (30) days written notice of its intent to terminate the agreement.
However, students assigned at AGENCY's facilities when termination notice is given shall be permitted
to complete their current semester at TTUHSC's option.
ARTICLE 11
RESPONSIBILITIES OF THE PARTIES
AGENCY will:
I. Allow the use of its facilities for the clinical experience requirement of TTUHSC's students.
2. Provide clinical staff supervision by currently licensed professionals in the field of nursing for
TTUHSC's students.
3. Provide access for faculty and students to patients and patient medical records at its facilities as part of
the students' clinical experience requirement.
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ALNR 09303 0
4. Periodically, review the specific programmatic efforts and number of students to participate at its
facilities, both factors being subject to mutual agreement of both Parties prior to the beginning of the
clinical experience.
5. Maintain responsibility for the policies, procedures, and administrative guidelines to be used in the
operation of its facilities.
6. Encourage its staff to participate in the educational activities of TTUHSC.
7. Participate, if requested by TTUHSC, in any annual program review activities of TTUHSC which are
directed toward continuing program improvement.
8. Maintain authority and responsibility for care given to its patients.
TTUHSC will:
1. Maintain the authority and responsibility for education programs for its students which may be
conducted within AGENCY facilities.
2. Consider for clinical and/or adjunct faculty appointment those members of AGENCY's staff who
contribute significantly to the academic program, subject to academic standards and rank used by
TTUHSC.
3. Inform its faculty and students of the requirement to comply with AGENCY's policies and procedures,
when in attendance at AGENCY's facilities, and patient confidentiality requirements, 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.
4. Provide faculty participation, if requested by AGENCY, and if available, on committees and task
forces of AGENCY.
5. Maintain professional liability insurance for students during the term of this agreement and any
extensions thereof.
6. Inform all students that they are not employees of AGENCY and have no claim against AGENCY for
any employment benefits.
ARTICLE III
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 IV
AMENDMENT
This agreement may be amended in writing to include any provisions that are agreed to by the contracting
parties.
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ARTICLE V
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 VI
ASSIGNMENT
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.
ARTICLE VII
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.
VERSITY
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Signmwe
Elmo M Cavin
Printed Name
Executive Vice President
Title
Date
TEMPLATE (Revised) 2009.d. rev 20090909
LUBBOCK CITY HEALTH DEPARTMENT
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Date
CITY OF LUBBOCK, TEXAS
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Tom Martin, Mayor
ATTEST:
Rebe •a Garza, City Secretary
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