CM-11-09-194ROUND ROCK, TEXAS
PURPOSE. PIWOti. PROSPERITY
Item Caption:
(;M-II-�i icy orgam-mrgl
till SEP 21 2011
City Manager Approval Form BY: ""�'•'•u
✓Consider executing a Clincial Learning Experiences Agreement with the Texas A&M University System
Health Science Center College of Nursing for use of the Allen R. Baca Center.
Approval Date: September 23, 2011
Department Name: Parks and Recreation Department
Project Manager: Rick Atkins, Director
Assigned Attorney: J. Kay Gayle
Item Summary:
This item will allow the Texas A&M Health Science Center, College of Nursing (HSC -CON) to utilize the Allen R. Baca Center for
educational activities associated with the clinical learning experience through observation and supervised training. The
agreement is for five (5) years, unless terminated sooner, and outlines the responsibilities of both HSC -CON and the City.
No. of Originals Submitted: 1
Project Name: N/A
Cost: $0.00
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Department Director Approval:
Date: 9/21/11
Date:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP Budget
111
N/A OK N/A OK
Purchasing ❑❑ Accounting
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
CLINICAL LEARNING EXPERIENCES AGREEMENT
This agreement is by and between THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER
("TAMHSC"), a part of The Texas A&M University System ("TAMUS") and an agency of the State of
Texas, on behalf of COLLEGE OF NURSING ("HSC -CON"), and the CITY OF ROUND ROCK, TEXAS ("RR"), a
Texas home -rule municipality (TAMHSC and RR, each a "party" or "Party" and collectively, the "parties"
or "Parties").
HSC -CON, through its Nursing Education Program ("Program") offers a course of study for nursing. A
critical component of the Program is providing nursing students ("Students") with an opportunity to
directly apply knowledge and skills gained in the classroom in a clinical setting.
HSC -CON has an interest in providing students in the Program with experience in clinical care, and RR
owns a facility that serves the needs and interests of senior citizens, namely the ALLEN R. BACA CENTER,
and such facility has a population which could benefit from certain of HSC-CON's programs providing
experience in clinical care. Therefore, the parties agree to cooperate in allowing educational activities
through observation and supervised training of Students.
It is mutually agreed by HSC -CON and RR as follows:
I. PURPOSE OF AGREEMENT
This agreement sets forth the terms under which RR will allow HSC -CON faculty, staff and student access
to designated portions of the ALLEN R. BACA CENTER facilities consistent with the purpose of this
agreement. This agreement also establishes the manner in which HSC -CON will access said facilities so
that the well being of the clinical site, staff and patients will not be jeopardized. Foremost, this
affiliation encompasses one or more educational programs provided by HSC -CON using the said
facilities.
II. TERM OF AGREEMENT
This agreement shall become effective on September 1, 2011 and shall remain in effect through August
31, 2016 unless sooner terminated as provided in this agreement. Either party may terminate this
agreement without cause by giving thirty (30) days written notice to the other. HSC-CON's students
scheduled to participate in the clinical learning experience at the time of any such termination shall be
allowed to complete their assigned rotations in the ALLEN R. BACA CENTER facilities, provided that such
assigned rotations do not extend past the final date of termination.
III. SCOPE OF THE CLINICAL LEARNING EXPERIENCE
RR hereby agrees to provide designated portions of the ALLEN R. BACA CENTER facilities to HSC -CON,
and HSC -CON agrees to the usage of such facility according to the terms and conditions described herein
and in accordance with City of Round Rock policies and procedures. The faculty and students in the
Program may utilize said facilities for educational activities associated with the clinical learning
4
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experience through observation and supervised training. TAMHSC, HSC -CON or RR will not incur
financial obligation to each other as a result of this agreement. The parties acknowledge ultimate
responsibility for all patient care does not reside with RR, and students will not provide services apart
from its educational value.
IV. HSC -CON RESPONSIBILITIES
HSC -CON agrees to:
1. Select students for the participation in the clinical learning experience, selecting only those
students with a satisfactory record in the Program and who have met HSC -CON requirements;
2. The decision to exclude or remove students from the clinical learning experience will be the sole
decision of HSC -CON and will be adhered to by RR;
3. Provide RR, through its Parks and Recreation Department, with (1) an advance schedule of
clinical learning experience sessions/rotations, such written schedule to be tendered to RR twice
per year no later than July 1st and January 1st, and (2) a count of the number of students
participating in each clinical learning experience session/rotation; additionally, provide RR,
through its Parks and Recreation Department, with copies of the course outline and course
objectives, evaluation criteria, and a tentative list of course instructors and their qualifications, if
requested, with such materials being tendered before the beginning of each clinical learning
experience session/rotation;
4. Maintain full responsibility and control for planning and execution of the Program, including
curriculum, evaluation of students, administration, instructor appointments, and other matters
which are normally reserved HSC -CON functions, such as granting degrees and advising
students;
5. Make representatives of HSC -CON available to RR for assistance and consultation as the need
arises and when possible;
6. Appoint in writing one or more representatives of HSC -CON to communicate with RR regarding
general issues, and to coordinate scheduling and other pertinent matters with staff members of
the ALLEN R. BACA CENTER, with ail such scheduling with staff to be done in accordance with
policies and procedures of the ALLEN R. BACA CENTER.
7. Provide clinical learning experience instructors and/or preceptors in person or by mobile phone
during times that students are at the ALLEN R. BACA CENTER;
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8. Advise students of their responsibilities regarding participation in the clinical learning
experience, including the responsibility to exhibit professional conduct and to follow all rules
and standards set by HSC -CON and RR;
9. Ensure students attend any orientation sessions or facilities use sessions, if required by RR
and/or staff of the ALLEN R. BACA CENTER;
10. Provide RR with written clinical learning experience objectives for each level of student; and
11. Prepare clinical learning experience rotation schedules; ensure that the ALLEN R. BACA CENTER
staff receive the student schedule before their assignment.
12. Provide to RR, only if and when requested, the following information regarding students:
a. Proof of personal liability insurance coverage to be carried by each student in an
amount no Tess than $1,000,000.00 per incident with a maximum total coverage of
$3,000,000.00;
b. Proof of each student's current immunization as required;
c. Proof of current basic life support training for health care providers; and
d. Confidentiality statements executed by each student in a form the same or similar to
Exhibit A attached to this agreement.
V. RR RESPONSIBILITES
1. Acknowledge that HSC -CON is seeking to provide an on-site clinical learning experience which is
pertinent and meaningful for students;
2. Designate and inform HSC -CON of the ALLEN R. BACA CENTER staff representative(s) with which
they must schedule hours for students participating in the clinical learning experience;
3. Accept from HSC -CON a numberof students appropriate to the staff, space and operations of
the portion of the ALLEN R. BACA CENTER which has been designated for use in the referenced
clinical learning experience sessions/rotations, that being one classroom in the ALLEN R. BACA
CENTER, with no obligation on the part of RR to supply any equipment or personnel of any kind.
4. Allow authorized representatives of HSC -CON to participate in the clinical learning experience
planning;
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5. Make representatives of RR available to HSC -CON to respond to questions as the need arises
and only when possible.
6. Encourage and allow students to gain properly supervised clinical learning experience
appropriate to each student's level of knowledge and training;
7. Immediately provide medical care in the event of acute injury or illness experienced by a
student while participating in the clinical learning experience;, the cost of such health care to be
the sole responsibility of the student
8. Upon making necessary decision to deny a student access to the health care facility, send
written notice to HSC -CON. HSC -CON and students will adhere to this decision upon receipt of
said notice.
VI. HSC -CON AND RR MUTUAL RESPONSIBILITIES
HSC -CON and RR agree to:
1. In compliance with federal law, including provisions of Title IX of the Education Amendments of
1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990, TAMHSC and RR will not discriminate on the basis of race, sex, religion,
color, national or ethnic origin, age, disability or military service in their administration of
policies, programs, or activities; admission policies; other programs or employment, unless and
except if a person's status directly and adversely interferes with his or her ability to perform
assigned duties and cannot be reasonably accommodated.
2. Determination of the number of students to be assigned to the clinical learning experience shall
be a joint decision based on staff and space available at the ALLEN R. BACA CENTER and eligible
students enrolled in the Program who desire to participate.
3. This agreement does not prevent RR from participation In any other program. Nor does this
agreement prevent HSC -CON from placing students with other licensed health care facilities.
4. There will be on-going, open communication between HSC -CON and RR to promote
understanding of the expectations and roles of both institutions relative to the clinical learning
experience for students. HSC -CON and RR representatives will endeavor to meet, only as
needed and only at the convenience of both parties, to coordinate and improve the clinkal
learning experience.
5. HSC -CON may remove a student participating in the clinical learning experience if, in its opinion,
the student is not making satisfactory progress. Any student who does not satisfactorily
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complete the clinical learning experience, or any portion thereof, may repeat the clinical
learning experience with the ALLEN R. BACA CENTER only with the written approval of both HSC -
CON and RR.
6. At no time shall HSC -CON students be considered representatives, employees or agents of HSC -
CON or RR or the ALLEN R. BACA CENTER. HSC -CON students are not eligible to receive payment
for services rendered, replace or substitute for a HSC -CON or RR employee, or possess authority
to enter into any form of agreement, binding or otherwise, on behalf of HSC -CON or RR.
7. TAMHSC and RR each acknowledge that neither party assumes liability for actions taken by
students during the time that they participate in the clinical learning experience at the ALLEN R.
BACA CENTER.
8. Neither TAMHSC nor RR is responsible for providing personal liability or medical insurance
covering students.
9. As an agency of the State of Texas, TAMHSC may not agree to indemnify or hold any party
harmless from any liability or expenses. Neither party to this agreement shall be required to
indemnify or hold the other harmless unless ordered to do so by a court of competent
jurisdiction.
VII. FERPA
For purposes of this agreement, pursuant to the Family Educational Rights and Privacy Act of 1974
(FERPA), RR agrees to maintain the confidentiality of the education records in accordance with the
provisions of FERPA attached as Exhibit B, if applicable. The Parties expressly acknowledge that RR shall
not be provided with and shall not possess education records of students participating in the clinical
learning experience sessions/rotations.
VIII. HIPAA
TAMHSC and RR agree that:
1. to the extent that HSC -CON students are participating In the Program and HSC -CON faculty are
providing supervision at the ALLEN R. BACA CENTER as part of the Program, such students and
faculty members shall:
a. for HIPAA compliance purposes in accordance with 45 CFR §160.1Q3, participating
students shall not be construed to be employees of RR; m��►r+�
b. receive training on, and be subject to compliance with, all of RR's privacy policies
adopted pursuant to the Regulations; and
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c. not disclose any Protected Health Information, as that term is defined by 45 CFR
§160.103, to HSC -CON which a student accessed through Program participation or a
faculty member accessed through the provision of supervision at the ALLEN R. BACA
CENTER that has not first been de -identified as provided in 45 CFR §164.514(a);
2. HSC -CON will not access or request to access any Protected Health Information held or collected
by or on behalf of RR, from a student or faculty member who is acting as a part of RR's
workforce, that has not first been de -identified as provided in 45 CFR §164.514(a); and
3. No services are being provided to RR by HSC -CON pursuant to this agreement and therefore this
agreement does not create a "business associate" relationship as that term is defined in 45 CFR
§160.103.
IX. MISCELLANEOUS PROVISIONS
1. Execution and modification. This agreement is binding only when signed by both parties. Any
modifications or amendments must be in writing and signed by both parties.
2. Assignment. This agreement, with the rights and privileges it creates, is assignable only with the
written consent of both parties.
3. Force Majeure. Each party shall be excused from any breach of this agreement which is
proximately caused by government regulation, war, strike, act of God, or other similar
circumstance normally deemed outside the control of well-managed businesses.
4. Entire Agreement. This agreement contains the entire understanding of the parties with respect
to clinical learning experiences and supersedes all other written and oral agreements between
the parties with respect to the clinical learning experiences. It is acknowledged that other
contracts may be executed. Such other agreements are not intended to change or alter this
agreement unless expressly stated in writing.
5. Governing Law and Venue. The validity of this agreement and all matters pertaining thereto,
including but not limited to, matters of performance, non-performance, breach, remedies,
procedures, rights, duties, and interpretation or construction, shall be governed by the
Constitution and laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code,
venue for any suit filed against TAMHSC shall be in the county in which the primary office of the
chief executive officer of TAMHSC is located, namely, Brazos County, Texas.
6. Independent Contractor Status. This agreement will not be construed creating an
employer/employee relationship between TAMHSC or HSC -CON and RR or the clinical learning
experience students.
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7. Headings. Headings appear solely for convenience of reference. Such headings are not part of
this agreement and shall not be used to construe it.
8. Provisions. If any provision or provisions of this agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
9. Notice. Any notice required or permitted under this agreement must be In writing, and shall be
deemed to be delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to
the intended recipient at the address set out below. Notice may also be given by regular mail,
personal delivery, courier delivery, facsimile transmission, email or other commercially
reasonably means and will be effective when actually received. HSC -CON and RR change their
respective notice address by sending to the other party a notice of the new address. Notices
should be addressed as follows:
HSC -CON:
Texas A&M Health Science Center
College of Nursing
Sharon Wilkerson, Ph.D., RN
Dean and Professor
8447 State Highway 47
Bryan, Texas 77807
Phone: 979-436-0110
Fax: 979-436-0098
Email: Wilkerson@tamhsc.edu
X. DISPUTE RESOLUTION
RR:
City of Round Rock
Steve Norwood
City Manager
221 E. Main Street
Round Rock, Texas 78664
Phone: 512-218-5401
Fax: 512-218-7097
Email: ricka@round-rock.tx.us
(Rick Atkins, Point of Contact)
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the
related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by
TAMHSC and RR to attempt to resolve any claim for breach of contract made by RR that cannot
be resolved in the ordinary course of business. RR shall submit written notice of a claim of
breach of contract under this Chapter to the Vice President for Finance and Administration of
TAMHSC, who shall examine RR's claim and any counterclaim and negotiate with RR in an effort
to resolve the claim.
The parties are signing this agreement on the date stated opposite that party's signature.
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RECOMMENDED FOR APPROVAL:
Bv: Q . \,.\.Si.A2 .--
Sharon A. Wilkerson, Ph.D., R.N.
Dean and Professor
APPROVED AND ACCEPTED FOR:
THE TEXAS A&M UNIVERSITY SYSTEM
HEALTH SCIENCE CENTER on behalf of
COLL GE OF NURSING IN
Bv:
Roderick McCallum, Ph.D.
Vice President for Academic Affairs
APPROVED AND ACCEPTED FOR:
CITY OF ROUND ROCK, TEXAS
Steve Norwood
City Manager, City of Round Rock
FOR CITY, ATTEST:
Bv: SPYta_ .(AUCtl-
Sara L. White
City Secretary, City of Round Rock
FOR cTY, APPROVED AS TO FORM:
Stephan . Sheets
City Attorney, City of Round Rock
Date: �'I 1 Z?J l
Date: 0 9. ko 1 I I
Date:
Date: '9 • 2e • Ir
Date: CI • 2.k, .1
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EXHIBIT A
Texas A&M Health Science Center
College of Nursing
Student Clinical Learning Experiences Confidentiality Agreement
Students enrolled in the College of Nursing recognize the importance of protection of confidential
information about patients and their families and of the operations of agencies where students are
placed for clinical experiences. It is the obligation of every student to protect and maintain this
confidentiality. All patient information stored via paper or computer system is considered confidential.
It is the ethical and legal responsibility of all students o maintain and comply with all confidentiality
requirements of the agencies used for clinical experiences.
As a student at the Texas A&M Health Science Center College of Nursing, I agree to the following:
1. I will protect the confidentiality of all patients, family, and clinical agency information.
2. I will not release unauthorized information to any source.
3. I will not access or attempt to access information other than that information which I have
authorized access to and need to know in order to complete my assignment as a student.
4. I will report breaches of this confidentiality agreement by others to my clinical instructor and/or
the course coordinator. I understand that failure to report breaches is an ethical violation and
subjects me to disciplinary action.
5. I will not put patient/family/clinical agency identifying information on any stored information
(disk or hard drive) on my own personal computer or on any other public or private computer.
Signature Date
Print Name
This form will be placed in my academic file. I was given a copy of this agreement for my records.
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EXHIBIT B
Texas A&M Health Science Center
College of Nursing
Student Clinical Learning Experiences FERPA Guidelines
information in student records will be released only to faculty and professional staff for authorized
legitimate educational interest. The student's consent is required to release information other than
public information to any non -HSC or non -university system person unless required by law or upon
subpoena duces tecum.
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to
their education records. These rights include the right to provide written consent before HSC -CON or RR
discloses personally identifiable information from the student's education records, except to the extent
that FERPA authorizes disclosure without consent.
Student information may be disclosed in certain circumstances:
• to comply with a judicial order or a lawfully issued subpoena;
• to appropriate parties in a health or safety emergency;
• to officials of another school, upon request, in which a student seeks or in tends to enroll;
• in connection with a student's request for or receipt of financial aid, as necessary to determine
the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions
of the aid;
• to certain officials of the U.S. Department of Education, the Comptroller General, to state and
local educational authorities, in connection with certain state or federally supported education
programs;
• to. accrediting organizations to carry out their functions;
• to organizations conducting certain studies for or on behalf of the HSC; the results of an
institutional disciplinary proceeding against the alleged of a crime of violence may be released
to the alleged victim of that crime with respect to that crime.
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