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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