HomeMy WebLinkAboutC-7209-1 - Clinical Affiliation AgreementCLINICAL AFFILIATION AGREEMENT
This Clinical Affiliation Agreement (the "Agreement") is made and entered into between the Rancho
Santiago Community College District, a public educational agency ("District") located in Santa Ana,
California, and The City of Newport Beach, a California Municipal Corporation and Charter City, on
behalf Oasis Senior Center ("City" or "Facility") located in Newport Beach, California.
WHEREAS, District and Facility desire to contribute to community health education;
WHEREAS, District operates Santa Ana College ("College") and College is a duly accredited
educational institution that conducts the program(s) described and identified in this Agreement (the
"Program");
WHEREAS, District has obtained all necessary licenses, consents and/or approvals to conduct the
Program from the State of California and any other applicable government agency;
WHEREAS, Facility operates a Senior Center meeting needs of seniors and families;
WHEREAS, as part of the Program, students are required to participate in a clinical experience
rotation;
WHEREAS, District desires to affiliate with the Facility in order that students may participate in a
clinical experience rotation at the Facility; and
WHEREAS, District and Facility desire to enter into this Agreement to memorialize their
respective rights, duties, and obligations with respect to the clinical experience rotation of students of
the College's Program.
For purposes of this Agreement, the following definitions shall apply:
"District" shall refer to the Rancho Santiago Community College District, its member Colleges,
the District's Governing Board, and each of their trustees, employees, agents, representatives,
successors and assigns;
SAC -17-046
"College" shall refer to Santa Ana College, and each of its employees, agents, representatives and
assigns;
"Facility" shall refer to the City of Newport Beach, Oasis Senior Center, the Newport Beach City
Council and each of their officers, directors, employees, agents, representatives, successors, and
assigns;
The "Program" shall refer to the Clinical training in health science programs; and
NOW, THEREFORE, in consideration of the following covenants, conditions and agreements, the
parties hereto agree as follows:
TERMS
Clinical Experience Rotation. Facility agrees to provide students of the Program who are
specified by College with a clinical experience rotation ("Rotation"), in accordance with
standards established by governmental agencies and recognized professional accrediting
agencies, and subject to the terms and conditions of this Agreement.
2. Development of Curriculum. College shall be fully responsible for the development, planning,
and administration of the Program, including, without limitation, programming, administration,
matriculation, promotion and graduation. College acknowledges and agrees that the Rotation
is intended to meet certain educational performance objectives, and College shall provide a
copy of such performance objectives to Facility on or before student placement. Facility shall
be fully responsible for the availability and appropriateness of the learning environment in
relation to the Program's written objectives.
3. Exposure to Bloodbourne Pathogens. Program students and college faculty will comply with
the final regulations issued by the Occupational Safety and Health Administration governing
employee exposure to bloodbourne pathogens in the workplace under Section VI(b) of the
Occupational Safety and Health Act of 1970, which regulations became effective March 6, 1992
(the "Regulations"), including but not limited to responsibility as the employer to provide all
Program students with (a) information and training about the hazards associated with blood
and other potentially infectious materials, (b) information and training about the protective
measures to be taken to minimize the risk of occupational exposure to bloodbourne pathogens,
(c) training in the appropriate actions to take in an emergency involving exposure to blood and
other potentially infectious materials, and (d) information as to the reasons the Program
SAC -17-046
student should participate in hepatitis B vaccination and post -exposure evaluation and follow-
up. District's responsibility with respect to the Regulations also shall include the provision of
the hepatitis B vaccination or documentation of declination in accordance with the Regulations.
4. Applicable Procedure: Acceptance. College agrees to provide Facility with a list of the name(s)
of students who will be participating in a Rotation.
5. Nondiscrimination. The parties agree not to discriminate in the selection, placement or
evaluation of any student or faculty member because of race, creed, national origin, religion,
sex, marital status, age, handicap, medical condition, and/or any other impermissible basis
under law. The Rancho Santiago Community College District complies with all Federal and
state rules and regulations and does not discriminate on the basis of race, color, national origin,
gender, disability, or any other impermissible basis under law. This holds true for all students
who are interested in participating in educational programs and/or extracurricular school
activities. Harassment of any employee/student with regard to race, color, national origin,
gender or disability is strictly prohibited. Inquiries regarding compliance and/or grievance
procedures may be directed to District's Title IX Officer and/or Section 504/ADA Coordinator.
6. Academic Year. The academic year consists of Fall, and Spring semesters, Summer session and
Winter break intersession.
7. Rotation Schedule. The Rotation schedule shall be determined by College and Facility and may
be amended from time to time by agreement of the parties. The number of students in each
Rotation shall be limited to a number mutually agreed upon by both parties, not to exceed the
number specified by the accrediting agency(s).
8. Orientation. Facility and College shall provide an orientation for assigned students and faculty
participating in each Rotation.
9. Compliance with Facility Rules. Facility shall make available all applicable governing
instruments, policies and procedures, rules and regulations of Facility to each student
participating in a Rotation, and student shall comply with these rules.
10. Confidentiality of Records. Students and faculty understand and agree that Facility's files are
confidential.
SAC -17-046
11. Clinical Coordinator (College). College agrees to designate a coordinator for each Program.
The coordinator, who may be an academic instructor, shall be responsible for all teaching
activities.
12. Facility Advisor (Facility). Facility agrees to designate an advisor or coordinator who shall
provide input to the clinical performance and evaluation of student(s), be a resource person for
College's faculty and students, and shall communicate with the clinical coordinator designated
by College regarding the proposed curriculum and the performance of individual students and
shall arrange formal orientation to the facility for the faculty and students.
13. Supervision of Students. The supervision and direction of students while on site at Facility shall
be the responsibility of the Clinical Coordinator (College) or designee as guided by the
instructional objectives. No direct, hands-on patient care shall be provided by participating
students at Facility, except in accordance with all applicable laws, rules, regulations, policies and
procedures. District recognizes the clients' rights to refuse care provided by a student at
Facility.
14. Removal of Students. Facility retains the right to exclude any student at any time from any
clinical area. Any student who is asked to leave by Facility shall do so promptly and without
protest. Facility shall also have the right, at any time, to request College to remove a student
permanently from the Rotation. Except as otherwise proved under any approachable policies,
procedures, rules, regulations, and/or under any law, any such removal shall not require
compliance with any notice, hearing or other procedural requirements.
15. Client Contact. Nothing in this Agreement shall be construed as conferring any right or duty
upon College, its students or faculty members, to control or direct client contact or operations
at Facility. Facility shall maintain sole responsibility and accountability for client contact and
shall provide adequate staffing in number and competency to ensure safe contact during the
term of this Agreement.
16. Student Evaluation. In the case of direct supervision of the students by the Clinical Instructor
(College), he/she shall be responsible for student(s) evaluation. Unless otherwise mutually
agreed between the Clinical Coordinator (College) and the Facility Advisor (Facility), Facility may
be responsible for submitting input to the Clinical Coordinator evaluating and appropriately
documenting the performance of each student in the Rotation. The appropriate forms shall be
provided by the Clinical Coordinator. Nothing herein shall be construed as a guarantee by or
obligation of Facility regarding the performance of any student during the Rotation. College
SAC -17-046
shall keep records on the progress and evaluation of each student's experience during a
Rotation for a period of three (3) years following the end of the specific Rotation in which the
student is involved.
17. Ongoing Communication. College has the privilege of regularly scheduled meetings with
Facility staff, including both selected unit personnel and administrative level representatives for
the purpose of interpreting, discussing, and evaluating College's health care programs at a
mutually agreed upon time.
18. Materials. College agrees to provide students with all educational material required during the
Program.
19. No Payments or Other Remuneration. College agrees that no fees or monetary payments of
any kind shall be exchanged between Facility, its agents and employees, and College, its agents,
employees and students under the terms of this Agreement. Further, neither College, its staff
members, nor other representatives, shall attempt to bill or collect from any client or from any
other source fees for services provided to clients by said student.
The only exception shall be when Facility and College mutually agree to pay a Clinical Advisor
a stipend for duties directly related to College's Program.
20. No Right to Employment. The parties agree that the students of College shall not be
considered employees, agents or volunteers of Facility, nor shall any student be entitled to any
right, compensation, or other benefits normally afforded to employees of Facility, including but
not limited to, Social Security, unemployment and workers' compensation insurance.
21. Insurance Carried by the District. District shall ensure that all students and instructors maintain
professional liability insurance coverage (either independently or as an additional insured on
District's policy) at a minimum of One Million Dollars ($1,000,000) per occurrence and Three
Million Dollars ($3,000,000) in aggregate throughout the course of this Agreement. District
agrees to maintain professional and comprehensive general liability insurance at a minimum of
One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in
aggregate throughout the course of this Agreement. District shall ensure that such policies
provide for notification to City at least thirty (30) days in advance of any material modification
or cancellation of such coverage. The City, its officers, agents, employees and volunteers are to
be included as additional insureds under the General Liability insurance with respect to liability
arising out of work or operations performed by or on behalf of the District. For any claims
SAC -17-046
related to this Agreement, the District's insurance shall be primary and shall not contribute with
any insurance or self-insurnace maintained by the City.
22. District also agrees to maintain statutory Workers' Compensation coverage on any individuals
characterized as employees of District working at Facility pursuant to this Agreement at all
times during the course of this Agreement. Workers' Compensation coverage shall include a
Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and
volunteers.
23. District shall provide certificates evidencing all coverage referred to in this section including
naming the City of Newport Beach as additionally insured within thirty (30) days of execution of
this Agreement and thereafter, on an annual basis except that, with respect to students and
instructors, such evidence will be provided prior to the date when any new student or instructor
commences participation in the Program(s). These coverages are in effect while the student is
on-site at Facility.
24. Insurance Carried by City. City shall secure and maintain commercial general liability insurance
covering personal injury, property damage, and general liability claims in the amount of at least
one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the
aggregate. City shall deliver certificate(s) of insurance under City's commercial general liability
insurance policy on or before the date of execution of this agreement. Upon request, District
shall be provided a copy of said policy. City shall provide District with thirty (30) days written
notice prior to cancellation of said insurance. Upon request, District shall be provided a copy of
said policy.
City shall provide workers' compensation coverage for each of its employees.
25. Student Health Records. Any student participating in a Rotation shall, at the request of Facility,
provide a current statement from his or her physician that the student is in good health and
capable of participating in the Rotation. Facility, upon request, may require that any student
returning from an extended absence caused by illness or injury submit to a physical
examination or present a statement from a physician indicating that the student is capable of
resuming clinical activities. Any such physical examination shall be the financial responsibility of
the student.
Any student participating in a Rotation shall provide verification of annual T.B. screening,
immune status for mumps, rubeola, rubella, and chicken pox, hepatitis B (or signed waiver for
hepatitis B).
SAC -17-046
26. Student Medical Care. To the extent that any first aid or emergency care is required in
connection with an injury or illness incurred by a student during performance of his/her clinical
training during a Rotation, the student shall be treated according to District as appropriate.
27. Confidentiality of Student Record. Facility shall keep confidential and shall not disclose to any
person or entity any student records as defined in California Education Code Section 76210 and
the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. paragraph 1232(g), concerning
any student participating in the Rotation, unless disclosure is authorized by (i) the student in
writing, or (ii) disclosure is ordered by a court of competent jurisdiction.
28. Verification. College warrants and represents that it has obtained all necessary approvals and
consents from any and all agencies to enable Facility to offer the Rotation to College's students
participating in the Program. If requested by Facility, College will provide Facility with
verification that the Program is duly licensed, duly accredited and/or certified, as applicable, by
appropriate agencies. District covenants and agrees that at all times during the term hereof it
shall retain such licensure, accreditation and/or certification, and its Program and faculty
members shall continue to meet any and all federal, state and local requirements.
29. Indemnification. The District agrees to defend, indemnify, and hold harmless the Facility, its
officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising
out of any liability or claim of liability, sustained or claimed to have been sustained, arising out
of the activities or the performance or non-performance, of obligations under this Agreement
of the indemnifying party or College, or those of any of District's or College's officers, agents,
employees, or volunteers. The provisions of this Article do not apply to any damage or losses
caused solely by the negligence or intentional acts of the non -indemnifying party or any of its
agents or employees.
The Facility agrees to defend, indemnify, and hold harmless the District, its officers, agents,
employees, and volunteers, from and against all loss, cost, and expense arising out of an
liability or any claim of liability, sustained or claimed to have been sustained, arising out of the
performance or non-performance of the indemnifying party's obligations under this Agreement
or those of the indemnifying party's obligations under this Agreement or those of any of its
officers, agents, employees, or volunteers. The provisions of this Article do not apply to any
damage or losses caused solely by the negligence or intentional acts of the non -indemnifying
party or any of its agents or employees.
SAC -17-046
30. Governing Law. This Agreement shall be governed by and constructed in accordance with the
laws of the State of California.
31. Assignment. Neither party hereto may assign this Agreement or delegate its duties hereunder
without the prior written consent of the other party which can and may be withheld by either
party in its sole and absolute discretion.
32. Effective Date Termination. This Agreement shall become effective on September 12, 2017 and
shall remain in effect until September 11, 2021, unless sooner terminated by either party in
accordance with this section. Either party may terminate this Agreement without cause by
giving ninety (90) days prior written notice to the other party of its intention to terminate. In
the event a Rotation is in progress, any written notice to terminate with or without cause shall
become effective at the expiration of the Rotation. Notwithstanding the foregoing, in the event
the Program is discontinued by College during its Term, this Agreement shall immediately
terminate without further action by the parties hereto.
33. Notices. Any notices to be given hereunder by either party to the other may be effectuated
only in writing and delivered either by personal deliver, or by U. S. mail. Mailed notices shall be
addressed to the persons at the addresses set forth below, but each party may change the
address by written notice in accordance with this paragraph. Notices delivered personally will
be deemed communicated as of actual receipt; mailed notices will be deemed communicated
as of ten (10) days after mailing.
Mail to:
To Facility:
Oasis Senior Center
800 Marguerite Ave.
Corona Del Mar, CA 92625
Attn: Celeste Haug
SAC -17-046
To College:
Director of Nursing
Santa Ana College
1530 West 1716 Street
Santa Ana, CA 92706
With a copy to:
Rancho Santiago Community College District
2323 North Broadway
Santa Ana, CA 92706
ATTN: Vice Chancellor
Business Operations/Fiscal Services
34. Entire Agreement. This Agreement and all attachments hereto, constitute the entire agreement
of the parties. There are no representations, covenants or warranties other than those expressly
stated herein. No waivers or modification of any of the terms hereof shall be valid unless in
writing and signed by both parties.
Facility
By:
Typed Name: L Detweiler
Title: Recreation & Senior Services
Director
Date: 10/17/2017
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE:
tiny - 17-046
Rancho Santiago Community College District
By.
Typed Name: Peter 1. Hardash
Title: Vice Chancellor, Business
Operations/Fiscal Services
Date:
Attest:
Leilani I. Brown, MMC, City Clerk
Date: — I 1 l I ' 17