HomeMy WebLinkAboutC-5603 - Clinical Affiliation Agreement (Oasis Senior Center)n
CLINICAL 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 duty
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;
"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;
SAC-13-058
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.
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 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
SAC -13 -058
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 544 /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.
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.
SAC - 13-058
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 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
SAC - 13.038
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 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 shal
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.
SAC-13-058
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).
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 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.
30. Governing Law. This Agreement shall be governed by and constructed in accordance with
the laws of the State of California.
SAC-13-058
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 August 20, 2013
and shall remain in effect until August 19, 2017, 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: To College:
Oasis Senior Center Director of Nursing
800 Marguerite Ave. Santa Ana College
Corona Del Mar, CA 92625 1530 West 17`h Street
Attn: Celeste Haug 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.
[SIGNATURES ON NEXT PAGE]
SAC -I3 -058
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: a -5-I-2,
By:4(�
Aaron C. arp
City Attorney
ATTEST: 0
1. Z6 -8
Date:
By:
Leilani I. Brown
City Clerk
SAC -13-058
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ti I -z;-&
By:
Dave Kiff
City Manager
DISTRICT: Rancho Santiago
Community College District
Date: g
By.
Peter J. Hardas
Vice Chancellor, Business Operations/
Fiscal Services
[END OF SIGNATURES]